High Court accepted a compromise petition filed by parties appearing in person or through attorneys to dispose of an appeal filed under Section 100 CPC. The court recorded satisfaction that terms were explained and voluntarily accepted.
Disposed of appeal by acceptance of compromise decree; office directed to draw decree.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 9TH DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO. 5053/2008 (PAR & POS)
BETWEEN:
N. SHARATHA REDDY S/O. N. SURYANARAYAN REDDY AGED ABOUT 32 YEARS, OCC BUSINESS, R/O GANDHI NAGAR, INDIAN MINERALS GRANITE COMPANY S R E, DIST. BELLARY.
... APPELLANT
(BY SRI B. SHARANABASAWA, ADVOCATE)
AND :
DIST. KOPPAL.
S/O BHARAMAPPA METI AGED ABOUT 64 YEARS, OCC AGRICULTURE, R/O MANDALGERI TQ YALBURGA, DIST. KOPPAL. SINCE DECEASED BY L.RS.
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AGED ABOUT 61 YEARS, OCC. HOUSEHOLD WORK, R/O.GOPANAKOPPA, TQ. HUBLI, DIST.DHARWAD.
2B. SMT. SHIVALEELA W/O. ERAPPA KOTI, AGED ABOUT 49 YEARS, OCC. HOUSEHOLD WORK, R/O. KUKANUR VILLAGE. TQ. YELABURGA, DIST. KOPPAL.
... RESPONDENTS
(BY SRI S G KADADKATTI, ADVOCATE FOR R1 & R2 (A) & (B); SMT. Y. MALATHIREDDY FOR SRI Y. LAKSHMIKANTHREDDY, ADVOCATE FOR R3)
THIS APPEAL IS FILED U/SEC. 100 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 05.07.2008 PASSED IN R.A. NO.6/2006 ON THE FILE OF THE PRESIDING OFFICE, FAST TRACK COURT – I, KOPPAL, ALLOWING THE APPEAL AND REVERSING THE JUDGMENT AND DECREE DATED 19.04.2006 PASSED IN O.S. NO.21/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), KOPPAL.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THIS COURT, DELIVERED THE FOLLOWING:
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JUDGMENT
The parties to the appeal have presented a
compromise petition under Order XXIII Rule 3 of C.P.C.
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petition. The Advocates have also signed the compromise petition.
Sd/JUDGE
hnm
2 issues framed by the court
Whether High Court can dispose of appeal by accepting terms of compromise under Order XXIII Rule 3 CPC.
Whether compromise terms were explained to parties and considered lawful.
1 provisions across 1 enactments
N. SHARATHA REDDY
SIDDAPPA
SHIVAPPA
ERAMMA
SHIVALEELA
ANIL KUMAR
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
