Partly allowed

R Shivappa v. K a Shivaswamy

Karnataka HC1 Apr 2021RFA/559/2005

Case brief

AI extract

What is this about?

The Karnataka High Court permitted a partial compromise petition filed by the appellants and respondents under Order 23 Rule 3 r/w Section 151 CPC. The court recorded an exchange of payment cheques worth Rs. 3 lakhs and disposed of the appeal for the settling parties while retaining the appeal for other litigants.

What did the court decide?

The appeal was disposed of insofar as the interests of the parties to the compromise petition were concerned; the decree will be drawn up as per the compromise terms. The appeal regarding other partie

R Shivappa Vs K a Shivaswamy — Property and Title | Karnataka HC (2021)

¶1

¹

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU

¶3

DATED THIS THE 1^st DAY OF APRIL, 2021

¶4

BEFORE

¶5

THE HON'BLE MR.JUSTICE P.KRISHNA BHAT

¶6

R.F.A No.559/2005 (DEC)

¶7

BETWEEN :

¶8

R.SHIVAPPA

¶9

SINCE DEAD BY HIS LRS.

¶10

1(a) SMT.INDIRAMANI AGED ABOUT 60 YEARS

¶11

1(b) T.S.MAHADEVASWAMY S/O LATE R.SHIVAPPA, AGED ABOUT 64 YEARS,

¶12

BOTH ARE R/AT, THORAVALLI VILLAGE, KOWLANDE HOBLI-571312, NANJANGUD TALUK, MYSURU DISTRICT.

¶13

T.S.PUTTASUBBAPPA SINCE DEAD BY HIS LRS.

¶14

2(a) SMT.CHINNAMMA W/O LATE T.S.PUTTASUBBAPPA, AGED ABOUT 70 YEARS

¶15

2(b) T.P.SHIVABASAPPA S/O LATE T.S.PUTTASUBBAPPA, AGED ABOUT 55 YEARS,

¶16

²

¶17

2(c) T.P.VRUSHABENDRASWAMY S/O LATE T.S.PUTTASUBBAPPA, AGED ABOUT 53 YEARS, ALL ARE R/AT THORAVALLI VILLAGE, KOWLANDE HOBLI-571312, NANJANGUD TALUK, MYSURU DISTRICT. ...APPELLANTS

¶18

(BY SRI M.SIVAPPA AND SRI A.S.MAHADEVASWAMY, ADVOCATES FOR LRS OF A1)

¶19

AND:

¶20

K.A. SHIVASWAMY SINCE DEAD BY HIS LRS.

¶21

SMT. K.S.SUNANDA D/O LATE K.S.SHIVASWAMY, W/O PARAMASHIVAIAH, AGED ABOUT 78 YEARS, R/AT NO.14, 3^RD MAIN, 2^ND STAGE, VIJAYANAGARA, BENGALURU-560040.

¶22

SMT. K.S.SUMITRAKUMARI D/O LATE K.S.SHIVASWAMY, W/O S.V.KUMAR, AGED ABOUT 75 YEARS, R/A NO.7/A-367, 10^TH CROSS, MANJUNATHA NILAYA, BASAVESHWARNAGAR, KOLLEGAL TOWN-571440. CHAMARAJANAGAR DISTRICT. REP.BY GPA HOLDER SRI K.S.REVANNA

¶23

…RESPONDENTS

¶24

(BY SRI S.G.KASHIMATH, ADVOCATE)

¶25

³

¶26

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.1.2005 PASSED IN O.S.NO.85/1996 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, NANJANGUD, DECREEING THE SUIT FOR DECLARATION AND POSSESSION.

¶27

THIS R.F.A. COMING ON ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

¶28

JUDGMENT

¶29

Smt.Indiramani, Sri T.S.Mahadevaswamy,

¶30

Smt.Chinnamma, Sri T.P.Shivabasappa and

¶31

Sri T.P.Vrushabendraswamy are present.

¶32

Smt.K.S.Sunanda and Smt. K.S.Sumitrakumari are

¶33

represented by their GPA holder Sri K.S.Revanna. Sri K.S.Revanna is present. The General Power of Attorney dated 29.03.2021 is also produced.

¶34

Parties before me submit that they have

¶35

understood the terms of the application filed under

¶36

⁴

¶37

Order 23 Rule 3 r/w Section 151 of CPC filed before this Court. This is a partial compromise between the LRs of appellant Nos.1 and 2 who are defendant Nos.1 and 4 before the trial Court and respondent Nos.1 and 2 are the LRs of deceased plaintiff.

¶38

It is submitted by the parties before me that, to advance the best interests of themselves, they have entered into this compromise to partially settle the dispute insofar as their rights and interest in the appeal are concerned. In terms of the compromise petition, four cheques bearing Nos.000003 and 000004 both dated 23.03.2021 drawn on HDFC Bank, cheques bearing Nos.889164 and 889163 both dated 23.03.2021 drawn on Indian Overseas Bank totally covering a sum of Rs.3 lakhs have been handed over by Sri S.Anil Kumar to Sri K.S.Revanna, GPA holder for the LRs of plaintiff who are respondent Nos.1 and 2 herein.

¶39

⁵

¶40

4. Sri K.S.Revanna, GPA holder acknowledges

¶41

receipt of the cheques.

¶42

I am satisfied that the parties before me have

¶43

understood the terms of compromise petition and they have voluntarily agreed to the same being satisfied themselves that the compromise entered into in terms of the application is in the best interest of themselves.

¶44

Accordingly, I permit them to present this compromise petition in terms of conditions mentioned therein. Compromise petition is placed on record. The appeal insofar as interests of parties to this compromise petition is disposed of as per the terms contained therein.

¶45

Office to draw up the decree in terms of this compromise petition as partially compromising the appeal in terms as above.

¶46

⁶

¶47

The appeal to be heard in respect of other parties in the appeal. Learned counsel on both sides to file their synopsis/notes of arguments and list of

¶48

authorities.

¶49

Sd/JUDGE

¶50

R Shivappa v. K a Shivaswamy

Case brief

What is this about?

What did the court decide?

R Shivappa v. K a Shivaswamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dr Sudhakar Vs Rt Rev S Vasantha Kumar

Mohammed Pahelwan S/O Najeer Ahmed Vs the State of Karnataka

Sri Sanjeev Shetty Vs Late Shankari Shedthy

Sri C Kannan, Aged Years Vs Sri Shankara Rao Chavan

Sri Shankara Rao Chavan Vs Sri C Kannan, Major

Sri M v Srinivasa Gowda Vs Sri Philip D'Souza