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2013 DIGILAW 537 (KAR)

DHANANJAYA NAIDU v. B. L. ARUNAKSHI

2013-04-18

C.R.KUMARASWAMY, N.K.PATIL

body2013
JUDGMENT N.K. PATIL J.-This appeal is by the appellant being aggrieved by the impugned judgment and decree dated 30.10.2012 passed in O.S. No. 25998/2011 on the file of the XXII Addl. City Civil Judge, Bangalore. 2. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent. Both the appellant and the respondent are present before the court. Their presence is placed on record. 3. During the course of submission both the counsel appearing for the parties filed a Joint Memo dated 18.04.2013 stating that the matter has been settled amicably between the parties as per the terms and conditions of the Joint Memo. Therefore, they submitted that, the instant appeal may be disposed of in terms of the Joint Memo dated 18.04.2013. 4. The terms and conditions of the joint memo dated 18.04.2013 filed by learned counsel for both parties read thus: "The above named appellant and respondent have amicably settled the matter out of the Court on the following terms and paying this Hon'ble Court pass necessary orders on the terms of compromise to meet the ends of justice and equity. 1. Appellant today is handing over the keys of 25 rooms out of 28 rooms in the suit schedule property and respondent agreed to adjust the advance amount of Rs. 4,00,000/- paid by the appellant towards the arrears of rent due from the appellant. Respondent relinquished the damages awarded by Court below. 2. Appellant has created sub-tenancy in respect of 2 shops in favour of SLV clinic and medical shop and he has received a sum of Rs. 1,25,000/- towards advance and Rs. 25,000/- as loan. This day the said tenant is due to Rs. 50,000/- arrears of rent and appellant is returning advance amount of Rs. 1,00,000/- in favour of the respondent herein and permitting the respondent to return the said amount while sub-tenant delivers the vacant possession. The cheque is post dated cheque 645922 dated 28.07.2013. 3. Respondent agreed to pay the security advance of another sub-tenant, which was received by the appellant when or at the time of sub-tenant vacates and deliver the vacant possession of the shop. 4. The Appellant agreed to pay all arrears or dues to the BESCOM and BWSSB and deliver the bills to the respondent as on today. 5. 3. Respondent agreed to pay the security advance of another sub-tenant, which was received by the appellant when or at the time of sub-tenant vacates and deliver the vacant possession of the shop. 4. The Appellant agreed to pay all arrears or dues to the BESCOM and BWSSB and deliver the bills to the respondent as on today. 5. The Court fee paid by the appellant in the above appeal may be refunded in favour of the appellant likewise the trial Court may be directed to refund the Court fee paid by the respondent in the suit O.S. No. 25998/2011 in view of settlement of the dispute. 6. In the above terms decree may be passed. 5. Placing the terms and conditions of the Joint Memo dated 18.04.2013 on record, the instant appeal filed by the appellant stands disposed of, in terms of the Joint Memo dated 18.04.2013. Ordered accordingly. Registry is directed to refund the Court fee paid on the memorandum of appeal to the appellant immediately. In view of disposal of the matters on the basis of the compromise arrived at between the parties, the relief sought in IA 1/13 does not survive for consideration and the said application stands dismissed as having become infructuous.