- 1 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO.2321 OF 2019 (RES) BETWEEN: 1. SMT. MEENAKSHI ROY W/O PRASHANT ROY AGED ABOUT 57 YEARS PROPRIETRIX OF M/S. RENAISSANCE R/A NO.B-401 WHISPERING MEADOWS DOLLARS COLONY, RMV II STAGE BENGALURU-560 094. …APPELLANT (BY SRI RAGHURAM CADAMBI, ADVOCATE FOR SRI C.K. NANDAKUMAR, ADVOCATE) AND: 1. SRI S.N. ASHWATHNARAYANA S/O LATE S.N. KRISHNAMURTHY AGED ABOUT 72 YEARS R/AT NO.14, 'MANGALAGIRI' 3RD MAIN ROAD POSTAL COLONY SANJAYNAGAR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 RMV EXTENSION, II STAGE BENGALURU-560 094. 2. M/S. KARNATAKA STATE FINANCIAL CORPORATION KSFC BHAVANA, NO.1/1 THIMMAIAH ROAD NEAR CANTONMENT RAILWAY STATION BENGALURU-560 062. …RESPONDENTS (BY SRI B. RAVISHANKAR, ADVOCATE FOR SRI JOSEPH KANIKARAJ, ADVOCATE FOR R.1; SRI P.S. MALIPATIL, ADVOCATE FOR R.2.) THIS RFA IS FILED UNDER SECTION 96(1) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE IN O.S.NO.1351/2017 DATED 27.08.2019 PASSED BY THE HON'BLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-53), BENGALURU, ETC. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 ORAL JUDGMENT 1. This Regular First Appeal is preferred assailing the judgment and decree in O.S.No.1351 of 2017 on the file of LII Additional City Civil at Bangalore. 2. The impugned decree dated 27.08.2019 directs delivery of possession of the scheduled property to the plaintiff within two months from the date of the order. The decree is passed against defendant no.1 who is the appellant before this Court. 3. Defendant No.2-M/s.Karnataka State Financial Corporation/respondent no.2 is a formal party before this Court. The decree also directs payment of Rs.10,000/- per month as damages to the plaintiff by defendant no.1 till the vacant possession of the schedule property is handed over. 4. The appellant and respondent no. 1 are present before this Court. 5. Learned counsel for the appellant and respondent no.1 have identified the parties and have submitted an application under Order XXIII Rule 3 of the Code of Civil - 4 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 Procedure, 1908, reporting settlement. A joint memo has been duly signed by the appellant and respondent No.1. 6. The terms and conditions of the settlement are as under:- "JOINT MEMO ON BEHALF OF THE APPELLANT AND RESPONDENTS UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 The Appellant and the Respondents above named respectfully submit as follows: 1. The Appellant has instituted the present appeal under section 96 of the Code of Civil Procedure, 1908, being aggrieved by the judgment and decree passed by the Hon'ble LII Additional City Civil Judge, Bangalore (the Hon'ble Trial Court) in the proceedings in O.S.No.1351/2017 dated 27.08.2019. The First Respondent herein had instituted the suit bearing O.S.No.1351/2017 before the Hon'ble Trial Court against inter alia the Appellants herein, seeking for the reliefs of eviction and arrears of rent. 2. By way of a judgment and decree dated 27.08.2019, the Hon'ble Trial Court was pleased to pass a judgment and decree directing the Appellant to vacate and hand over vacant possession of the Schedule Property (as indicated in the Appeal Memorandum) to the First Respondent within a period of two months and to pay arrears of rent from March 2009 till filing of the suit as well as to pay damages at Rs. 10,000/-(Rupees Ten - 5 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 Thousand Only) per month from the date of the suit till hand over of vacant possession. Being aggrieved by this finding, the Appellants herein preferred the present appeal seeking for the judgment and decree passed by the Hon'ble Trial Court to be set aside and further for the suit bearing O. S. No. 1351/2017 to be dismissed. 3. The present appeal was heard and admitted by this Hon'ble Court by way of an order dated 26.08.2020. The Appellant, in compliance with the orders of this Hon'ble Court had further deposited a sum of Rs. 3,05,000/- (Rupees Three Lakh Five Thousand Only) before this Hon'ble Court by way of a Demand Draft bearing No. 035342 dated 27.09.2023 drawn on the Bank of Baroda, Sanjay Nagar, Bangalore. 4. During the pendency of the present proceedings, the Appellants and the First Respondent have, reached an amicable settlement in respect of the dispute, and have now mutually agreed to the following terms towards a full and final settlement of the disputes: (a) The Appellant has agreed to hand over complete and vacant possession on 30.06.2026; (b) The Appellant and the First Respondent have mutually agreed that the Appellant is liable to make a payment of Rs.5,000/- (Rupees Five Thousand only) per month from the date of the suit till the date of the handover of the possession to the First Respondent i.e., 30.06.2026; - 6 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 (c) A detailed break-up of the amount mutually agreed by the parties to be paid by the Appellant to the First Respondent is as follows: Total Time Period 106 months (01.03.2017 to 31.12.2025) Amount Agreed to be Paid Per Month Rs. 5,000/- Total Amount Payable for 106 months Rs. 5,30,000/- Total Amount Deposited by the Appellant Rs. 3,05,000/- Total Amount Payable by the Appellant to the First Respondent as of 31.12.2025 Rs. 2,25,000/- (d) The Appellant therefore in furtherance of the mutual agreement between the parties herein, agrees to pay the First Respondent a sum of Rs. 2,25,000/- (Rupees Two Lakh Twenty Five Thousand only) by way of a cheque dated 27.01.2026, bearing No. 000001, drawn on AU Small Finance Bank, Sanjay Nagar Branch; (e) In receipt of this amount, the First Respondent agrees to allow the Appellant peaceful, undisturbed and uninterrupted possession of the - 7 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 Schedule Premises (as indicated in the Appeal Memorandum) till 30.06.2026; (f) The Appellant undertakes to make timely payments of Rs. 5,000/- (Rupees Five Thousand only) towards rents for the peaceful, undisturbed and uninterrupted possession of the Schedule Premises (as indicated in the Appeal Memorandum) between 01.01.2026 and 30.06.2026. The Appellant shall make this monthly payment of rent by the 5th Day of the next month; and (g) In furtherance with these joint terms of settlement, the Appellant submits that he has no objection in the First Respondent withdrawing the amount of Rs. 3,05,000/-(Rupees Three Lakh Five Thousand only) deposited by the Appellant before this Hon'ble Court bearing R. O. No. 2559 in the year 2023. 5. The present settlement terms are binding on the Appellant and First Respondents. The parties agree to adhere to the terms hereof. Should either party fail to adhere to its obligations set out hereunder, the other party will be entitled to institute appropriate proceedings as permissible under law. 6. The Appellant and the First Respondent are of sound mind and have understood the contents of the present terms of settlement, and hereby - 8 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 voluntarily and jointly submit the same before this Hon'ble Court, without coercion or undue influence. Both the Appellants and the First Respondent acknowledge that the present terms of settlement are binding on the Appellant and First Respondent. The parties agree to adhere to the terms of this settlement. Should either party fail to adhere to its obligations set out above, the other party will be entitled to institute appropriate proceedings as permissible under law. WHEREFORE, in light of the above, the Appellant and First Respondents respectfully pray that this Hon'ble Court be pleased to take the present settlement terms on record and pass such other orders as this Hon'ble Court considers just and equitable." 7. The Court has gone through the terms and conditions of the settlement. The terms and conditions incorporated therein are lawful. The parties present before the Court jointly submit that they have voluntarily agreed to the settlement. This Court does not find any impediment to accept the same. 8. The appeal is disposed of in terms of the settlement arrived at by the parties. The impugned judgment and decree dated 27.08.2019 in O.S.No.1351/2017 on the file of LII - 9 - HC-KAR NC: 2026:KHC:4920 RFA No. 2321 of 2019 Additional City Civil Judge, Bangalore are set aside and the suit in O.S.No.1351/2017 is decreed in terms of the settlement. 9. The Registry to draw the decree accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE VMB List No.: 2 Sl No.: 4