IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 993 OF 2024 (POS)

BETWEEN:

1. SUNANDAMMA,

W/O LATE ANJINAPPA A AGED ABOUT 61 YEARS,

R/AT PORTION OF NO.371 (371/52)

12TH MAIN ROAD,

RAJAINAGAR 6TH BLOCK,

BENGALURU - 560 010.

2. LAKSHMINARAYANA

S/O LATE ANJINAPPA A

AGED ABOUT 40 YEARS,

R/AT PORTION OF NO.371 (371/52)

12TH MAIN ROAD,

RAJAINAGAR 6TH BLOCK,

BENGALURU - 560 010.

Digitally signed

by

3. DIWAKAR SHARADAVANI

B S/O LATE ANJINAPPA A

Location: HIGH AGED ABOUT 39 YEARS,

COURT OF

R/AT PORTION OF NO. 371 (371/52)

KARNATAKA

12TH MAIN ROAD,

RAJAINAGAR 6TH BLOCK,

BENGALURU - 560 010.

…APPELLANTS

(BY SRI. GOPAL SINGH, ADVOCATE)

AND:

SURYANARAYANA GOWDA, S/O LATE ANJINAPPA A AGED ABOUT 43 YEARS, R/AT NO. 3/4, 12TH CROSS, MAGADI ROAD, BENGALURU - 560 023.

…RESPONDENT (BY SMT. GEETHA R., ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.02.2024 PASSED IN OS NO.6356/2018 ON THE FILE OF XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DECREEING THE SUIT FOR POSSESSION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

This appeal, by the defendants in O.S.No.6356/2018, is directed against the impugned judgment and decree dated 26.02.2024, whereby the said suit filed by the respondent- plaintiff/BSNL against the appellants - defendants was decreed by the Trial Court in favour of the respondent - plaintiff.

2. The matter having been referred to the Mediation, the parties have amicably settled the dispute by way of Memorandum of Settlement, which reads as under:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION)

RULES, 2005

1. The respondent had filed a suit in O.S.No.6356/2018, before the Honourable XXXV Additional City Civil and Sessions Judge at Bangalore (CCH:36), the suit for possession of the suit schedule-B premises from possession of the appellants. Though the appellants resisted the suit, the trial court decreed the suit granting the relief of handing over the possession of the suit schedule-B premises to the respondent. Aggrieved thereby, the appellants had preferred an appeal before the High Court of Karnataka in RFA No. 993/2024 which is now referred for mediation and settlement.

II. During the course of mediation the Appellants and Respondent along with their counsel were appeared, identified each other and after thorough discussion among themselves with the able assistance of Advocates, both the parties have settled the matter in the following terms and conditions:

1. The appellants give up the possession of the suit schedule-B premises to the respondent herein. On the day of reporting the settlement, the appellants will handover keys of the vacated suit schedule-B premises to the respondent.

2. The Suit Schedule-A property is interlocked with the residue larger property owned by and in the occupation of the appellants. That neither party, the appellants nor the respondent, shall carry out demolition of their respective holdings before the completion of One years from this day. Thereafter the completion of One years, i.e. the appellants or the respondent Intends to demolish their respective holdings, Intimating the other party with a clear three months' notice in writing the demolition shall follow.

3. That the appellants and the respondent facing criminal cases in C.C.No.28476/2019 and C.C.No.2374/2020, before the Honourable XXIV Additional Chief Judicial Magistrate, Bangalore, is here by agreed for closure by due process, The cases shall be withdrawn by the respective parties by filing necessary compounding applications before the Honourable Magistrate on its forthcoming hearing dates.

4. That any other cases, known or unknown, to the parties, connected there with the dispute or the suit schedule premises shall also be withdra