KARNATAKA v. (BY SRI. C V ANNAIAH.,ADVOCATE)

SMT SADGUNA D W/O SRI GURUMURTHY REDDY, AGED ABOUT 59 YEARS NO.B-3, 1ST CROSS HOODY, MAHADEVAPURA POST, BANGALORE-560048. ALSO AT: C/O YOGANDAR REDDY, NO: A1, SITE NO. 409, 6TH STAGE, BEML LAYOUT, KUNDANAHALLI, MAHADEVAPURA BANGALORE-560048. (BY SRI. AJIT P B.,ADVOCATE) AND: SRI SRINIVASA REDDY S/O MUNISWAMY REDDY, AGED ABOUT 63 YEARS, R/AT HOODI PLANTIFF VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK 560048. NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA …PETITIONER (BY SRI. C V ANNAIAH.,ADVOCATE) …RESPONDENT THIS CRP FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSE COURT ACT, 1964 PRAYING TO TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND DECREE DATED 15TH JUNE 2018 IN S.C.NO.286/2015 ON THE FILE OF THE VIII ADDL. SCJ & XXXIII - 2 - NC: 2024:KHC:20389 CRP No. 404 of 2018 ACMM MEMBER, MACT AT BANGALORE (SCCH-5) TO SERVE THE INTEREST OF JUSTICE AND EQUITY. THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

1. The petitioner is before this Court seeking for the following relief: “To call for records and set aside the Judgment and Decree dated 15th June 2018 in S.C.No.286/2015 on the file of the VIII Addl. SCJ & XXXIII ACMM Member, MACT at Bangalore (SCCH-5) to serve the interest of justice and equity.”

2. During the pendency of the above matter, both the parties have entered into a compromise and have filed a compromise petition which reads as under: COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE The Petitioner and the Respondent herein respectfully submit as follows:

1. It is submitted that the above Civil Revision Petition is filed challenging the judgment and decree dated 15.06.2018 in S.C.No.286/2015 on the file of the VIII Addl Small Causes Judge and 23rd ACMM, Member- MACT, Bengaluru. against

2. It is submitted that the Respondent filed the suit seeking S.C.No.286/2015 ejectment of the Petitioner from the property bearing House No.B-3, 1st Cross, Hoody, Mahadevapura Post, Bengaluru-48 (hereinafter referred to as Schedule Property) and for recovery of the arrears of rent of Petitioner - 3 - NC: 2024:KHC:20389 CRP No. 404 of 2018 Rs.41,000/-. The Petitioner entered appearance through her counsel and contested the case on merits. The Hon'ble Trail Court, vide judgement and decree dated 15.06.2018, was pleased to decree the suit directing the Petitioner to vacate and handover possession of the Schedule Property to the Respondent and also directed to pay a sum of Rs.41,000/- towards the arrears of rent.

3. It is submitted that after the intervention of the well wishers & friends the Petitioner and Respondent agreed to put quietus to dispute in the following terms: a. That the Petitioner/Defendant, without prejudice to her claim and contentions in O.S.No.5803/2005 pending on the file of the city civil and sessions judge at Bengaluru, has agreed to vacate and handover possession of the Schedule Property to the Respondent within one(1) month from the date of Un this Compromise Petition. b. That the Respondent/Plaintiff, in consideration of the Petitioner agreeing to vacate and hand over possession of the Schedule Property as mentioned above, has agreed to give up his claim towards the arrears of rent as per the decree in SC No.286/2015. C. That in the event the Petitioner/Defendant fails to vacate the Schedule property within the agreed time, the Respondent shall be entitled to take possession of the same by filing execution petition before the Hon'ble Trial Court. d. That the Respondent hereby agree and declare that he shall have no other claim against the Petitioner. That e. Respondent/Plaintiff hereby declare and affirm that they have accepted the terms of this Compromise Petition on their own volition without any duress and coercion. Petitioner/Defendant SCHEDULE PROPERTY All that piece and parcel of the property bearing house No. B-3, 1st Cross, Hoody, Mahadevapura Post, Bengaluru-48 consisting of one room, one hall with attached bath room and toilet, one kitchen, measuring - 4 - NC: 2024:KHC:20389 CRP No. 404 of 2018 East to West 22 feet and North and South 20 Feet and bounded on: East by: Vacant Land. West by: Private Property. North by: Plaintiff's House. South by: Plaintiff's House. Wherefore the Petitioner and the Respondent herein respectfully pray that this Hon'ble Court may be pleased to dispose of the above case in terms of the above Compromise petition and modify the judgment and decree passed in SC No.286/2015 S.C.No.286/2015 on the file of the VIII Addl Small Causes Judge and 23rd ACMM, Member MACT, Bengaluru and direct the office to refund the court fee paid by the Petitioner in the above case to serve the interest of justice and equity.

3. The petitioner and the respondent are personally present before this court and are identified by their respective counsels. On enquiry, they confirm the terms the settlement and further confirm that they have entered into the settlement of their own free will and volition and there is no undue influence, coercion or duress brought on them.

4. Being of the opinion that the terms of settlement are lawful and are permissible to be entered into between the parties, the terms of settlement are accepted. The order - 5 - NC: 2024:KHC:20389 CRP No. 404 of 2018 dated the 15.06.2018 passed by the Court of Small Causes is modified as under: i. ii. iii. The suit of the plaintiff is hereby decreed. Costs to be borne by the respective parties. The defendant has agreed to vacate and hand over the suit schedule property to the plaintiff within one month from today, that is, on or before 10th July

2024. The plaintiff would not be entitled to any amount as arrears of rent or otherwise. iv. In the event of the defendant not vacating the premises on or before the 10.07.2024, apart from the plaintiff being entitled to initiate execution proceedings, the plaintiff would also be entitled to initiation of contempt proceedings against the defendant for violation of the undertaking filed before this court. Sd/- JUDGE LN List No.: 1 Sl No.: 94