Partly allowed

Smt. Swapna Reddy v. Sri. K N Chandra Reddy

Karnataka HC9 Jul 2021RFA/897/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a Regular First Appeal regarding a partition suit. A compromise petition was signed by the appellant and several respondents (excluding respondent No. 5). The court accepted the compromise involving present parties, ordered the appellant to receive money and keys, and modified the decree accordingly, while dismissing the appeal against the absent SLS Develop

What did the court decide?

Appeal dismissed against respondent No. 5; appeal disposed of in terms of the compromise petition regarding appellant and other present respondents; decree modified accordingly.

Smt. Swapna Reddy Vs Sri. K N Chandra Reddy — Specific Performance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF JULY, 2021

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PRESENT

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THE HON’BLE MRS.JUSTICE S.SUJATHA

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AND

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THE HON’BLE MR. JUSTICE E.S.INDIRESH

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REGULAR FIRST APPEAL No.897/2018

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BETWEEN :

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Smt. Swapna Reddy S/o Late Lokesh Reddy.C, Aged about 35 years Currently residing at BM Luxuria, Flat No.204, 2^nd Floor, 25^th A Cross, 2^nd Sector, HSR Layout, Bengaluru - 560 012.

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...Appellant

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(By Sri S Vivekananda, Advocate)

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AND :

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Sri K N Chandra Reddy S/o late Narayana Reddy Aged about 72 years R/at No.5, Chowdeshwari Nilaya H V Reddy Layout Kundalahalli Bengaluru - 560 037.

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Smt. Nirmala Suresh W/o E Suresh D/o K N Chandra Reddy

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Aged about 47 years R/at No.119, ‘C’ Block SLS Square Apartment Next to I-Gate, EPIP Zone II Phase, Whitefield Bengaluru -560 066.

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Smt. Hemavathi C D/o K N Chandra Reddy W/o Srinivas M Reddy Aged about 48 years R/at No.481, Aditi Nivas 10^th Main Road BEML Layout, Thubarahalli Bengaluru -560 066.

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Smt. Geethanjali C W/o Nagaraja K G D/o K N Chandra Reddy Aged about 42 years R/at No.231, D Block SLS Square Apartment Next to I Gate, EPIP Zone II Phase, White Field Bengaluru -560 066.

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M/s. SLS Developers Sy.No.9/1, EPIP Phase II Whitefield, Next to I Gate Bengaluru -560 066. Represented by its Authorised signatory.

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Smt. Parvathamma W/o Sri K N Chandra Reddy Major in age R/at No.5, Chowdeshwari Nilaya H V Reddy Layout

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Kundalahalli Bengaluru-560 037.

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…Respondents

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(By Sri Subramanya Kaushik, Advocate for Sri S V Srinivas, Advocate for R1; Sri S A Maruthi Prasad, Advocate for R2 to R4; Sri Harish H V, Advocate for R6; Vide order dated 25.07.2018 notice to R5 is dispensed with)

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This Regular First Appeal is filed under Section 96 of the Civil Procedure Code, against the Judgment and Decree dated 13.04.2018 passed in OS No.7939 of 2011 on the file of the XLIII Additional City Civil and Sessions Judge, Bangalore, partly decreeing the suit for partition and separate possession.

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This Appeal coming on for orders, this day, S. SUJATHA, J ., made the following:

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JUDGMENT

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This appeal is directed against the judgment and decree dated 13.04.2018 passed in O.S No.7939/2011 by the XLIII Additional City Civil and Sessions Judge, Bengaluru (CCH-44).

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In this appeal proceedings, the parties have filed compromise petition under Order XXIII Rule 3 of the CPC. The said compromise petition is signed by the

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appellant as well as respondents No.1 to 4 and 6 along with their respective counsel.

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The parties i.e. the appellant and respondents No.1 to 4 and 6 are present before the Court and are duly identified by their respective counsel and they have produced the copies of their Aadhar Cards. Parties who are present before the Court submitted that they have read over the contents of the compromise petition and subscribed their signature on their own volition without there being any influence, force or threat by anybody in whatsoever manner. They seek for disposal of the appeal in terms of the compromise petition.

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This compromise petition being the settlement arrived at resolving the inter-se dispute between the parties, there is no legal impediment for the Court to accept the same. Accordingly, compromise petition is taken on record.

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5.. The appellant acknowledges the receipt of Rs.50,00,000/- by way of DD bearing No.036942 dated

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08.07.2021 drawn on State Bank of India, ACS Layout Branch from the respondent No.1 and the keys of eight apartments as mentioned in schedule ‘C’ of the compromise petition.

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The appeal stands disposed of in terms of the compromise petition as far as appellant and respondent No.1 to 4 and 6 are concerned. The compromise petition shall become the part and parcel of the decree.

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Appeal stands dismissed as against respondent

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No.5.

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In view of the disposal of the main appeal, all the pending I.As stand disposed of.

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Draw modified decree accordingly.

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Sd/JUDGE

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Sd/JUDGE

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Smt. Swapna Reddy v. Sri. K N Chandra Reddy

Case brief

What is this about?

What did the court decide?

Smt. Swapna Reddy v. Sri. K N Chandra Reddy

Case brief

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What the court decided

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