High Court disposed of revision appeal filed against a decree in a partition suit by accepting a compromise petition filed by all parties, incorporating it into the decree.
The appeal was disposed of by accepting the compromise petition and incorporating it into the decree as the decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.F.A.No.152/2017
BETWEEN :
APPELLANTS No.1 AND 2 ARE
DEAD BY HIS LRS
BOTH ARE R/O 2ND CROSS NITUVALLI EXTENSION DAVANAGERE-577 002
APPELLANT No.3(B) IS SINCE MINOR REP. BY HER MOTHER APPELLANT No.3(A) ...APPELLANTS
(BY Sri. SIDDAPPA B.M., ADVOCATE)
AND :
1 . SMT. G S SHYLAJA DEAD APPELLANTS AND RESPONDENTS ARE TREATED AS LEGAL REPRESENTATIVES OF DECEASED RESPONDENT No.1 AS PER COURT DATED:05.03.2021
BEHIND UNITY HEALTH COMPLEX
KELAGOTE , CHITRADURGA – 577 501
6 . SMT G S TARA D/O G SHIVALINGAPPA AGED ABOUT 54 YEARS STAFF NURSE, GOVT. HOSPITAL NEAR SIRIGERE MUTT SIRIGERE (P) SIRIGERE CHITRADURGA – 577 501 7 . SMT G S MANJULA W/O RAVI AGED ABOUT 46 YEARS NO 8, 4TH CROSS KUMMAIAH LAYOUT BENGALURU – 560 001 8 . G S SHIVASHANKAR MURTHY S/O G SHIVALINGAPPA AGED ABOUT 64 YEARS R/O 2ND CROSS, GUMASTARA COLONY CHITRADURGA – 577 501 …RESPONDENTS (BY Sri. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R3-R7, R8 AND R2 SERVED, R1-DECEASED)
THIS R.F.A. IS FILED UNDER ORDER XXXXI RULE R/W SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 21.06.2014 PASSED IN OS.NO.39/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CJM., AND MACT-III CHITRADURGA, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is directed against the judgment and decree dated 21.06.2014 passed in O.S.No.39/2011 by the Principal Senior Civil Judge, CJM and MACT – III, Chitradurga.
appellant No.3(b) accompanied with the certificate of the pleader. It is submitted that the proposed compromise is for the benefit and in the best interest of the appellant No.3(b) – Parnika R. Gowdru – minor. By a separate order, we have allowed this application (I.A.No.4/2021) today and permitted the appellant No.3(a) – Smt.Gangamma to enter into the compromise on behalf of appellant No.3(b) – Kum. Parnika R. Gowdru in the interest of minor child.
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Respondent No.8 – Sri.G.S.Shivashankar Murthy is represented by his power of attorney holder Sri.G.S.Somashekara Murthy, who is present before the Court. Appellant No.3(b) is represented by her natural guardian Smt.Gangamma/appellant No.3(a). Since respondent No.1 – Smt.G.S.Shylaja is dead, appellants and respondents are treated as her legal representatives.
the deeds of special power of attorney are placed on record.
The appeal stands disposed of in terms of the compromise petition.
The compromise petition shall become the part of
the decree.
Draw modified decree accordingly.
Sd/-
JUDGE
Sd/JUDGE
PMR
SMT. VEERAMMA
G S SOMASHEKAR MURTHY
Smt. GANGAMMA
PARNIKA R. GOWDRU
SMT. G S SHYLAJA
SMT G S VASUNDARAMMA
S. SUJATHA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
