IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

REGULAR FIRST APPEAL NO. 1362 OF 2023 (EJE-)

BETWEEN:

SRI. BRIJESH KALAPPA S/O MR. P.M. KALAPPA, AGED ABOUT 51 YEARS,

RESIDING AT NO. 50/6, PALACE ROAD,

NEXT TO NATIONAL ART GALLERY,

QUEENS HOSPITAL ROAD,

VASANTHNAGAR,

BENGALURU - 560 001.

…APPELLANT

(BY MS. CHANDINI S, ADVOCATE AND

SRI. PRANAV RAVI MILASH ARROL NORONHA, ADVOCATE)

AND:

Digitally signed

by

SMT. SHOBHA H.P.

SHARADAVANI

B

W/O J.P. NARAYANASWAMY,

Location: High

Court of AGED ABOUT 44 YEARS,

Karnataka

R/O NO. 11, 1ST CROSS,

ACHAIAHSHETTY LAYOUT,

SADASHIVANAGARA,

BENGALURU - 560 080.

…RESPONDENT

(BY SRI. B.M. HALA SWAMY, ADVOCATE)

THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST

THE JUDGMENT AND DECREE DATED 15.04.2023 PASSED IN

OS.NO. 5507/2020 ON THE FILE OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR EJECTMENT.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned appeal is filed by the tenant assailing the decree wherein the appellant/defendent is directed to pay arrears of rent to the tune of ₹4,50,000/-.

2. This matter was adjourned to today at the request of the parties to enable them to explore the possibility of an amicable settlement. It is placed on record that though the decreetal amount is ₹4,50,000/-, the appellant/tenant and the respondent/plaintiff have mutually agreed to resolve the dispute for a reduced sum of ₹3,00,000/- in full and final settlement of all claims arising out of the decree under challenge.

3. Pursuant to the said settlement, today the appellant/tenant has tendered a cheque bearing No.205091 dated 09.01.2026, drawn on Karnataka Bank Ltd., Shrirampuram Branch, for a sum of ₹3,00,000/-, towards full satisfaction of the decreetal dues. The said cheque is handed over in open Court to the learned counsel appearing for the respondent/plaintiff, Sri B.H.

Halaswamy, who acknowledges receipt thereof.

4. Learned counsel for the respondent/plaintiff, on instructions, submits that in view of the aforesaid payment and the settlement arrived at between the parties, the respondent has no objection for giving a quietus to the proceedings and for disposal of the appeal in terms of the settlement.

5. Recording the voluntary and amicable settlement arrived at between the parties, the appeal stands disposed of, subject to realisation and clearance of the cheque issued by the appellant/tenant. It is made clear that in the event the cheque is dishonoured or not encashed for any reason, liberty is reserved to the respondent/plaintiff to seek revival of this appeal and for appropriate orders in accordance with law.

6. The Registry is directed to refund the court fee to the appellant in accordance with law, upon clearance of the cheque.

Sd/-

(SACHIN SHANKAR MAGADUM)

JUDGE HDK List No.: 1 Sl No.: 6 CT: BHK