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2025 Supreme(Online)(Kar) 21895
KARNATAKA HIGH COURT
K.S. HEMALEKHA, J
SMT. SYED SHAHI PASHA, SINCE DEAD BY LRs. – Appellant
Versus
SRI NOOR AHMED MECCAI, SINCE DEAD BY LRs. – Respondent
Regular First Appeal NO.752 OF 2022 (EJE)
For the Appellants/Petitioners:SRI VIVEK REDDY, SENIOR ADVOCATE FOR SRI ANANDA K.
For the Respondents: SMT. RAJESHWARI M.
The court upholds the validity of a voluntary settlement agreement between parties, reinforcing its binding nature under legal standards.
Headnote:(A) Code of Civil Procedure, Section 96 - Regular First Appeal against judgment and decree of ejectment - Joint affidavit by parties indicating voluntary agreement for settlement - Approval of settlement and conditions laid out for possession and rent payments. (Paras 2-3)
(B) Settlement - Terms agreed upon by both parties for vacant possession and restoration of services - Importance of explicit understandings in ejectment cases recognized. (Paras 2-4)
Facts of the case:
This appeal concerns parties settling a dispute over ejectment, with specific terms agreed upon including timeline for vacating premises and rental payments.
Findings of Court:
The regular first appeal is disposed of in accordance with the presented joint affidavit and undertakings agreed upon by the parties.
Issues: The court addresses the enforceability of terms laid out in the joint affidavit regarding possession and rental obligations.
Ratio Decidendi: The court emphasizes the importance of voluntary agreements made by both parties and confirms the settlement as binding under law.
Result: Appeal stands disposed of in terms of the joint affidavit.
| Table of Content |
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| 1. settlement terms affirmed by both parties. (Para 2) |
ORAL JUDGMENT
Joint affidavit is filed by Syed Shajjad Pasha-
appellant No.4 on his own behalf and on behalf of appellant Nos.2 and 3 and by Fahad Ahmed Meccai, the third respondent on his own behalf and on behalf of respondents 1 and 2.
2. The parties present before the Court, namely, appellant No.4 and respondent Nos.1 and 3 have affirmed the contents of the joint affidavit and confirmed that the settlement has been entered into voluntarily and without coercion or undue influence. The terms of the joint affidavit reads as under:
“1. I submit that, I am the 3rd Respondent in the above Appeal. The Respondents No.1 & 2 have authorized me to swear to this affidavit on their behalf also.
2. I submit that, I am the 4th Appellant in the above Appeal. The appellants No.2 & 3 have authorized me to swear to this affidavit on their behalf also.
3. I submit that, the Respondents granted 1 years 6 months time to vacate and hand over the vacant possession of the schedule premises i.e., on or before 02.04.2027. We undertake to vacate and hand over the vacant possession of the schedule premises on or before 02.04.2027 without giving room to the Respondents to file Execution Petition and to take the vacant possession of the schedule premises, without seeking extension of time on the ground of pendency/result of the suit in O.S.No.1704/2023.
4. I submit that, we continued to pay the admitted rent of Rs.10,000/- per month regularly to the Respondents. (Ten Thousand only) on or before
10th of every month.
5. We, the Respondents agree to restore the water connection to the schedule premises which was disconnected and permit the Appellant to carry on the minor repairs in respect of the schedule water connection. We, the Respondents undertake not to disturb the water connection in respect of the schedule premises. In case if any disturbance caused by us in respect of water connection the Appellants are at liberty to take action against us.
