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2026 Supreme(Online)(Kar) 24432
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Anu Sivaraman, Tara Vitasta Ganju, JJ
SMT VEDHA A – Appellant
Versus
SRI PARAS MAL JAIN – Respondent
RFA No. 1944 of 2025
For the Appellants/Petitioners: Satish T. S.
For the Respondents: Veena T.N.
The court may dispose of a civil appeal by recording a voluntary compromise petition reached through mediation, effectively incorporating the settlement terms into the final decree.
Headnote:(A) Civil Procedure - Mediation - Settlement of Dispute - Where parties to an appeal against an ejectment decree enter into a voluntary compromise petition during mediation, the court may dispose of the appeal in terms of the settlement agreement. (Para 2, 5, 6)
(B) Landlord-Tenant Dispute - Vacant Possession - Terms of Settlement - An agreement providing for the surrender of vacant possession by a specific date, payment of monthly rent, and adjustment of arrears from a security deposit constitutes a valid basis for a decree. (Para 4)
Issues: Whether the appeal could be disposed of in terms of the compromise petition entered into between the parties through mediation.
| Table of Content |
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| 1. parties to the dispute reached a settlement through mediation and requested the court to dispose of the appeal accordingly. (Para 1 , 2 , 3) |
| 2. the settlement terms define the timeline for vacant possession, rent payments, and the adjustment of arrears from the security deposit. (Para 4) |
| 3. the court accepts the voluntary memorandum of settlement and disposes of the appeal in terms of the agreement. (Para 5 , 6) |
REGULAR FIRST APPEAL NO. 1944 OF 2025 (EJE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.07.2025 PASSED IN OS.NO.336/2024 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BANGALORE (CCH-35) DECREEING THE SUIT FOR EJECTMENT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing on either side.
2. It is submitted that the matter has been settled before the mediation and that they have entered into a compromise, which has been recorded in the compromise petition. It is submitted that the appeal may be disposed of recording compromise and decree may be drawn up accordingly.
3. The parties along with their respective counsels are present before the Court today.
4. The compromise petition entered into between the parties 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.
I. The Appellant has preferred the above appeal challenging the judgement and decree dated 08.07.2025 passed by the XXXIV Additional City Civil and Session Judge (CCH-35), Bengaluru in O.S.No.336/2024 whereby suit filed by the Plaintiff/Respondent for eviction, recovery of rent and damages was decreed with costs. The Hon'ble Court directed the Appellant to handover the vacant possession of the suit schedule property within one month along with arrears of rent with 5% enhancement per year from the month of due to till its realization.
II. The aforesaid appeal was referred to mediation to give the parties an opportunity to explore avenues for resolving the dispute. During the course of mediation, the Appellant and Respondent were represented by their counsels. Both the parties after thorough discussions with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:
1. The Appellant/Tenant undertakes to surrender vacant possession of the schedule property mentioned below to the Respondent on or before 30th of June 2026. The Appellant/Tenant undertakes that in the event of her finding alternative accommodation before 30th of June 2026, she will inform the Respondent/Landlord of the same 10 days in advance. However the rent of the flat @ Rs.40,000/- (Rupees Forty Thousand Only) per month will be paid by the Appellant/Tenant to the Respondent/Landlord.
2. The maintenance for the months of occupation of the schedule premises shall be paid directly by the Appellant/Tenant to the Association of the said schedule premises. At the time of handing over the vacant possession of the schedule premises to the Respondent/Landlord, the Appellant/Tenant shall produce a Due Certification from the Association to the No Respondent/Landlord.
3. The Appellant/Tenant undertakes that ten days before handing over the vacant possession of the schedule premises the Respondent/Landlord shall be informed so that a joint inspection of the schedule premises shall be carried out and the damages if any be quantified by both parties giving quotations for repair of such damages which may include painting replacing of broken fixtures, deep cleaning etc. The Appellant undertakes to carryout all the repair and refurbishing works.
