The High Court of Karnataka allowed an appeal under Section 96 CPC based on a compromise petition filed by all parties. The compromise under Order XXIII Rule 3 CPC set aside the appellate judgment dismissing the injunction suit.
The appeal was allowed and the judgment and decree in O.S. No.54/2007 were set aside in terms of the compromise.
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 19TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
RFA NO. 917 OF 2012 (INJ)
BETWEEN :
SHRI RICHARD RATNAKAR AGED ABOUT 44 YEARS S/O R S ULLAGADDI R/AT INDO AMERICAN HYBRID SEEDS P B NO.7099, 17TH CROSS 2ND A MAIN ROAD, K R ROAD BANASHANKARI II STAGE BANGALORE 560 070 … APPELLANT
(BY SRI. P. CHIDANANDA, ADVOCATE)
AND :
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ALL ARE R/AT CHANNASANDRA VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK
... RESPONDENTS
(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR SRI. B. C. SEETHARAMA RAO, ADV. FOR R1-R5)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 5.3.2012 PASSED IN O.S.54/2007 ON THE FILE OF THE 17TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR THE PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS , THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The parties have filed compromise petition under Section XXIII Rule 3 of the Code of Civil Procedure and have prayed that the appeal be allowed in terms of compromise entered into between the parties.
attorney holder for the appellant is present before the Court.
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3. Respondent No.1 – Smt. Gowramma is
represented by her power of attorney holder Sri. Narasimha Murthy.D and is respondent No.5 herein.
present before the Court.
respective counsel.
6. The compromise entered into between
the parties is placed on record.
their disputes as per the terms of the compromise. Hence, the following:-
ORDER
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Sd/- JUDGE
ag
2 issues framed by the court
Whether the appeal filed under Section 96 CPC should be allowed based on the parties' compromise.
Whether the lower court judgment dismissing the suit for permanent injunction should be set aside in terms of compromise.
2 provisions across 1 enactments
Shri Richard Ratnakar
Smt Gowramma
Sri Narsimhaiah
Sri Narasegowda
Sri Kambayya
Sri Narasimha Murthy
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
