Dismissed

A Chikkegowda S/O Javaregowda v. Javaregowda S/O Javaregowda @ Appaji Gowda

Karnataka HC27 Jan 2015RFA/590/2007

Case brief

AI extract

What is this about?

In this defendants' appeal regarding a money suit and partition, the High Court of Karnataka allowed the appellants to file a compromise petition. The court recorded that monies were paid to the respondents as per compromise proceedings and disposed of the appeal accordingly.

What did the court decide?

The appeal was disposed of in terms of the compromise petition filed by the parties.

A Chikkegowda S/O Javaregowda Vs Javaregowda S/O Javaregowda @… — Partition | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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Dated this the 27^th day of January, 2015

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Before

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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Regular First Appeal 590 / 2007

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Between

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A Chikkegowda S/o Javaregowda Dead by hisLRs

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A Smt Nanjamma, 65 yrs B Smt Meenakshamma, 40 yrs C Smt Sushila, 38 yrs D Suresha, 35 yrs E Lingamurthy, 31 yrs F Kokila, 28 yrs G Prakasha C, 26 yrs

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A – G are the wife and children of Late Chikkegowda and are r/a Ganganahalli Village Santhebachananahalli Hobli, Krishnarajpet Taluk Mandya District Appellants

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(By Sri V N Madhava Reddy, Adv.)

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And

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1 Javaregowda, 52 yrs S/o Javaregowda @ Appaji Gowda

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2 Shivanna A, 50 yrs

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S/o Javaregowda @ Appaji Gowda

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Both are r/a Ganganahalli Village Santhebachanahalli Hobli Krishnarajpet Taluk Mandya District Respondents

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(By Sri B Roopesh, Adv. For R2)

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Appeal is filed under S.96 of the Code of Civil Procedure praying to set aside the judgment and decree dated 19.1.2007 in OS 9/2006 by the Civil Judge (Sr.Dvn.), K R Pet.

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The Appeal coming on for Hearing this day, Court delivered the following:

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JUDGMENT

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This is a defendants’ appeal being aggrieved by the judgment and

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decree passed by the Civil Judge (Sr.Dvn.), K R Pet in OS 9/2006 on 19.1.2007. This is a money suit as well as for partition and separate possession.

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During pendency of the appeal, having entered into a compromise, parties have filed a compromise petition under O 23, R 3, r/w S.151, CPC. One more IA is filed under O 22 R 1 & 2, CPC to permit the parties to come on record as legal representatives of the deceased appellant. IA is allowed. Amended Cause title is filed which

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is taken on record. The parties along with their counsel are present.

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According to the parties, they have entered into a compromise with the intervention of well wishers. It is stated, the appellants have paid a sum of Rs.25,000/- to the 1^st respondent towards his claim. The 1^st respondent who is present before the Court has also acknowledged the same towards full and final settlement of his claim. Another Rs.50,000/- is said to have been paid to the 2^nd respondent and a sum of Rs.1,50,000/- is said to be deposited before the trial court in Ex.Petn. 17/2007 in OS 9/2006. The appellants also state that they have no objection for the 2^nd respondent to withdraw the deposited amount along with the accrued interest. The 2^nd respondent acknowledges receiving the amount towards full and final settlement with respect to his claim.

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Recording the above, parties are permitted to enter into compromise. The compromise petition be made a part of the record. Appeal is disposed of in terms of the compromise petition.

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Sd/- Judge

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A Chikkegowda S/O Javaregowda v. Javaregowda S/O Javaregowda @ Appaji Gowda

Case brief

What is this about?

What did the court decide?

A Chikkegowda S/O Javaregowda v. Javaregowda S/O Javaregowda @ Appaji Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

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