Allowed

K.S.Nagarathnamma v. B.N.Gowramma

Karnataka HC22 Jul 2021RFA/915/2014

Case brief

AI extract

What is this about?

This ring file appeal was disposed of after the parties achieved a settlement through a Mediation Centre. The Court allowed the appeal, set aside the prior judgment and decree of IV Additional Senior Civil Judge, Mysuru, and directed the registry to draw a modified decree in accordance with the settlement agreement.

What did the court decide?

The appeal was allowed, the judgment and decree dated 17.01.2013 in O.S.No.756/2011 were set aside, and the court was directed to draw a modified decree based on the settlement.

K.S.Nagarathnamma Vs B.N.Gowramma — Partition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JULY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE M.I.ARUN

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RFA NO.915 OF 2014 (PAR)

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BETWEEN :

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K.S.NAGARATHNAMMA AGED 48 YEARS W/O LATE B.N.RAMESH

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AHISH @ ANOOP AGED ABOUT 21 YEARS S/O LATE B.N.RAMESH

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BOTH ARE R/AT MIG 102 4^TH CROSS, 2^ND MAIN I BLOCK, RAMAKRISHNA NAGAR MYSORE – 570 022 … APPELLANTS

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(BY SMT. HEMALATHA MAHISHI, ADV.)

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AND :

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B.N.GOWRAMMA W/O B.S.NAGABHUSHANA RAO AGED ABOUT 77 YEARS R/AT NO.2862, 3^RD CROSS CHAMUNDIPURAM MYSORE – 570 022 … RESPONDENT

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(BY SRI. MANMOHAN P.N., ADV.)

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THIS RFA IS FILED UNDER SECTION 96(1) OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 17.01.2013 PASSED IN O.S.NO.756/2011 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVL JUDGE, MYSORE DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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THIS RFA COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:

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JUDGMENT

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As per the order of this Court dated 01.02.2021,

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the parties were referred to Mediation Centre at Mysuru. Before the said Mediation Centre, the parties have arrived at a settlement and the same is recorded by virtue of memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and a report is submitted.

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The parties are present before the Court through video conference. Learned counsel for the parties are also present before the Court through video

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conference and they have duly identified their respective parties. The parties have stated that they have accepted the settlement arrived at between them.

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The memorandum of settlement and the

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confirmation letter dated 31.03.2021 enclosed therein are taken on record. Hence, the following order:

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(i) The appeal is allowed in terms of the settlement arrived at between the parties before the Mediation Centre at Mysuru as per the memorandum of settlement and the confirmation letter dated 31.03.2021;

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(ii) The judgment and decree dated 17.01.2013 passed by IV Additional Senior Civil Judge, Mysuru, in O.S.NO.756/2011 is set aside;

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(iii) Office to draw the modified decree

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accordingly;

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(iv) No order as to costs;

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(v) Registry to verify and refund the court fee

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to the appellants, if they are so entitled in accordance with law.

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Sd/JUDGE

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hkh.

K.S.Nagarathnamma v. B.N.Gowramma

Case brief

What is this about?

What did the court decide?

K.S.Nagarathnamma v. B.N.Gowramma

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

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