High Court of Karnataka allowed the RFA disposing it on compromise reached between appellant and respondents. Compromise petition dated 09.11.2021 under Order XXIII Rule 3 r/w Section 151 CPC was taken on record and terms accepted as lawful.
Appeal disposed of on compromise terms filed by parties.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
R.F.A NO.2286 OF 2006 (SP)
BETWEEN:
SRI BYALAPPA S/O LATE DODDAMUNIYAPPA AGED ABOUT 59 YEARS, R/AT NAGASANDRA VILLAGE & POST, YESWANTHAPURA HOBLI BANGALORE NORTH TALUK, BANGALORE 560 073
…APPELLANT
(BY SRI NARASIMHA MURTHY K, ADVOCATE)
AND:
SRI LAKKANNA SINCE DECEASED BY HIS LRS
BOTH ARE R/AT NO.77, 3RD CROSS, NAGASANDRA VILLAGE AND POST YESWANTHAPURA HOBLI BANGALORE NORTH TALUK,
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BANGALORE 560 073. ...RESPONDENTS (BY SRI K A PRAKASH, ADVOCATE FOR RESPONDENTS)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED.11.10.2006 PASSED IN O.S.NO.6316/1996 ON THE FILE OF THE XVII ADDL.CITY CIVIL JUDGE, BANGALORE CITY (CCH-16), PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND INJUNCTION.
THIS RFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for both the parties submit that
the parties have settled the matter and they have filed a Compromise Petition dated 09.11.2021 under Order XXIII Rule 3 R/w Section 151 of CPC duly signed by the appellant and respondents and attested by their respective counsel. The same is taken on record.
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by the parties as per the compromise petition appears
to be lawful and accepted.
compromise petition.
Sd/JUDGE
KLY/
1 issue framed by the court
Whether the appeal permitted under Section 96 CPC should be disposed of on account of compromise between parties.
2 provisions across 1 enactments
SRI BYALAPPA S/O LATE DODDAMUNIYAPPA
SMT NARAYANAMMA W/O LATE LAKKANNA
SRI G L SATISHKUMAR S/O LATE LAKKANNA
N.K. SUDHINDRARAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
