Karnataka High CourtCivil Procedure and EvidenceCommercial and Corporate Law

Brookefield Hospital Agrees To Vacate Bengaluru Leased Premises By October 2027, With Up To One-Month Grace, In Karnataka HC Settlement

M/S SANJEEVINI HEALTH CAREv.M/S.VIJAYALAKSHMI AND ASSOCIATES

Brookefield Hospital Agrees To Vacate Bengaluru Leased Premises By October 2027, With Up To One-Month Grace, In Karnataka HC Settlement. M/S SANJEEVINI HEALTH CARE vs M/S.VIJAYALAKSHMI AND ASSOCIATES. Karnataka High Court. LawLens
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In brief

The question

Whether the parties’ compromise was duly authorized and made voluntarily, without coercion or undue influence.

The court held

The Court accepted the compromise, directed that a consent decree be drawn in its terms, and disposed of the appeal accordingly.

It also directed

The parties were permitted to seek a refund of court fees, if any, in accordance with the applicable rules.

01Facts

The appellants challenged an order dated 9 February 2026 dismissing their applications under Order XXXIX Rules 1 and 2 CPC in Com.O.S. No. 1361/2025.

p. 3

During the appeal, the parties settled their dispute concerning leased premises and filed a joint compromise petition under Order XXIII Rule 3 read with Section 151 CPC, seeking a consent decree.

pp. 3–5

The compromise set terms for continued occupation, rent and charges, handover of possession, the security deposit, and withdrawal of related suits.

pp. 6–8

The Court recorded that the parties were present, identified, and had entered the compromise voluntarily.

p. 4

02Issues

i.Whether the parties’ compromise was duly authorized and made voluntarily, without coercion or undue influence.

pp. 4–5

ii.Whether the Court should dispose of the appeal by passing a consent decree in the terms of the compromise.

pp. 3–4, 9

03Law Applied

Section 13(1A) of the Commercial Courts Act, 2015 provides the basis for the commercial appeal.

p. 3

Order XXIII Rule 3 read with Section 151 CPC was invoked for recording the parties’ compromise and passing a consent decree.

pp. 3–5

The Court’s stated approach was to satisfy itself that the compromise was duly authorized and entered into freely, without force, coercion, or undue influence, before granting the requested decree.

pp. 4–5

Provisions in the judgment · 4 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 13Section 39Section 151

Commercial Courts Act, 2015 Section 13

04Reasoning

The parties filed a jointly signed compromise petition, supported by authorizations for their representatives, and their respective counsel also signed it.

p. 4

After identifying the parties and interacting with them, the Court was satisfied that they had entered the compromise of their own free will and without coercion or undue influence.

p. 4

On that basis, it accepted the compromise terms and did not adjudicate the underlying appeal on its merits.

pp. 4–9

05Holding

The Court accepted the compromise, directed that a consent decree be drawn in its terms, and disposed of the appeal accordingly.

p. 9

The parties were permitted to seek a refund of court fees, if any, in accordance with the applicable rules.

p. 9
Karnataka High Court

Original Court PDF

M/S SANJEEVINI HEALTH CAREvsM/S.VIJAYALAKSHMI AND ASSOCIATES

Karnataka High Court · November 04, 2026

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