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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29THDAY OF APRIL, 2016
BEFORE
THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR FIRST APPEAL NO.339/2016
BETWEEN:
1. TARUN ZAVERI
S/O. GOVARDHANDAS K. ZAVERI,
AGED ABOUT 56 YEARS.
2. ARUN ZAVERI
S/O. GOVARDHANDAS K. ZAVERI,
AGED ABOUT 54 YEARS.
BOTH ARE R/AT NO.26 & 27,
8THMAIN, 2NDBLOCK,
JAYANAGAR,
BENGALURU - 560 011.
... APPELLANTS
(BY SRI NAGARAJ DAMODAR, ADV.)
AND:
SRI Y. SURYANARAYANA SETTY
S/O. LATE RAMASWAMY SETTY,
AGED ABOUT 76 YEARS,
R/O. NO.1010, 1STMAIN ROAD,
VIJAYANAGARA,
BENGALURU-560 040.
... RESPONDENT
(BY SRI S.R. KRISHNA KUMAR, ADV. FOR C/R)
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THIS RFA IS FILED UNDER S.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 30.11.2015 PASSED IN
O.S.NO.343/2008 ON THE FILE OF THE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH-23, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS RFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Suit instituted against the appellants by the respondent was decreed by the Trial Court and the defendant was directed to pay the determined amount with interest and deliver vacant possession of the suit schedule premises to the plaintiff within the specified period. Liberty was reserved to claim mesne profits in a separate proceedings under Order 20 Rule 12 CPC. Assailing the said decree passed in O.S.No.343/2008 on 30.11.2015 by the XXV Additional City Civil and Sessions Judge, Bengaluru City, this appeal was filed.
2. Learned advocates appearing for the parties filed a compromise petition under Order 23 Rule 3 r/w Section 89 of CPC. Both parties are present before the Court and were identified by their learned advocates. The
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contents of the compromise petition was explained to the parties by their learned advocates. The parties admitted the execution of the compromise and submitted that the same be made part of the record and the appeal disposed of accordingly.
3. Perused the compromise petition. The parties have entered into an amicable settlement. The compromise arrived at is lawful and can be accepted. The compromise is read and recorded.
In view of the settlement arrived at by the parties, this appeal is disposed of permitting the refund of court fee to the appellants, in accordance with law.
Sd/-
JUDGE
ca
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