IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 14^TH DAY OF MARCH 2005

BEFORE

THE HON'BLE MR. JUSTICE HULUVADI.G.RAMESH

REGULAR FIRST APPEAL NO.168 OF 2005

BETWEEN:

Smt.S.Elamathi, W/o Sri.P.Selvaraj, Aged about 47 years, Proprietrix, S.K.Textiles, Shop No.2, in # No.1299, 41^st Cross, 25^th Main, 9^th Block, Jayanagar, Bangalore-560069.

...APPELLANT

(By Sri.G.S.Visweswara for Sri.C.Gowrishankar, Adv.)

<u>AND:</u>

Sri.D.H.Guru, S/o late D.H.Chandrashekaraiah, Residing at No.1299, (1 & 11 Floors), 41^st Cross, 25^th Main, 9^th Block, Jayanagar, Bangalore-560069.

.. RESPONDENT

(By M/s.Sundaraswamy Ramdas and Anand, Advs.)

Nu

This R.F.A. is filed under Section 96 of CPC against the judgment and decree dt.11.1.05 passed in O.S.No.1186/02 on the file of the I/C XV Addl. City Civil Judge, Bangalore, decreeing the suit for ejectment and costs.

This R.F.A. coming on for admission this day, the Court delivered the following:-

JUDGMENT

This appeal is preferred challenging the judgment and decree dated 11.1.2005 passed by the XV Addl. City Civil Judge, Bangalore in O.S.No.1186/02.

2. Heard the learned Counsel for the respective parties and the senior Counsel Sri.G.S.Visweswara.

3. After detailed discussion, it was agreed to settle the matter, wherein the appellant has agreed to vacate and hand over the vacant possession of the premises after two and a half years to the respondent. As per the agreement, for another one damages very the appellant shall go on paying the rent at the rate of Rs.2,000/- per month and thereafter, there shall be an increase damages of 10% in the rent for another one and a half year. At the time of handing over the vacant possession, the appellant is entitled to receive an amount of Rs.50,000/- which has been paid by

« Corore ched Vicle Court order dl. 4.7.05 Aug Pibothyll him as advance. Further, the appellant shall hand over the vacant possession of the premises immediately after expiry of two and half years from the date of this order, subject to payment of Rs.50,000/- by the respondent to the appellant which is paid as advance.

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4. It is submitted by the appellant's Counsel that he intends to carry out some repair work for the furniture kept by him in the premises, for which, there shall not be any objection. At the cost of the appellant the repair work of the furniture be carried out. The appellant shall file an affidavit within three days for the above terms. Since the matter is settled, the Court fee paid on the advance amount be returned and paid to the respondent towards his cost. Draw the decree accordingly in terms of the compromise.

Appeal is disposed of.

Bkp.