Allowed

Sri S N Ramesh S/O Narasimhamurthy v. Smt Gowramma

Karnataka HC19 Jul 2021RFA/918/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru allowed RFA No. 918 of 2012, an appeal against a judgment dismissing a suit for permanent injunction, following a compromise petition filed by the parties under Order XXIII Rule 3 CPC, resulting in the set-aside of the lower court's decree.

What did the court decide?

The appeal is allowed; the judgment and decree dated 05.03.2012 are set-aside; a modified decree is to be drawn.

Sri S N Ramesh S/O Narasimhamurthy Vs Smt Gowramma — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH 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. 918 OF 2012 (INJ)

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BETWEEN :

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SRI. S. N. RAMESH S/O NARASIMHAMURTHY AGED ABOUT 48 YEARS R/AT NO.2751, 17^TH ‘A’CROSS BANASHANKARI II STAGE BANGALORE – 560 070

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REP. BY HIS G.P.A. HOLDER SRI. VIJAYRAGHAV REDDY S/O RAMAREDDY AGED ABOUT 48 YEARS R/AT NO.B-702, ADARSH GARDEN 47^TH CROSS, 8^TH BLOCK JAYANAGAR, BANGALORE – 560 082 … APPELLANT

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(BY SRI.P. CHIDANANDA, ADVOCATE)

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AND :

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1 . SMT GOWRAMMA W/O LATE DUGGAIAH @ DURGAPPA AGED MAJOR

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2 . SRI NARSIMHAIAH S/O LATE DUGGAIAH @ DURGAPPA AGED ABOUT 55 YEARS

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3 . SRI NARASEGOWDA S/O LATE DUGGAIAH @ DURGAPPA AGED ABOUT 50 YEARS

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4 . SRI KAMBAYYA S/O LATE DUGGAIAH @ DURGAPPA AGED 47 YEARS

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5 . SRI NARASIMHA MURTHY S/O LATE DUGGAIAH @ DURGAPPA AGED 42 YEARS

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ALL ARE R/AT CHANNASANDRA VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK - 98

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... RESPONDENTS

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(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR SRI. B. C. SEETHARAMA RAO, ADV. FOR R1 – R5)

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THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 5.3.2012 PASSED IN O.S.6483/2007 ON THE FILE OF THE 17^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR THE PERMANENT INJUNCTION.

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THIS APPEAL COMING ON FOR ORDERS , THIS DAY THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The parties have filed compromise petition

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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.

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The appellant Sri. S.N. Ramesh is represented by his power of attorney holder Sri. Vijayraghav Reddy. He is present before the Court and is duly identified by his counsel.

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Respondents Nos. 2 to 5 are present

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before the Court.

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Respondent No.1 – Smt. Gowramma is represented by her power of attorney holder Sri. Narasimha Murthy. D, who is respondent No.5 herein.

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The parties are duly identified by their

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respective counsel.

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6. The compromise entered into between

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the parties is placed on record.

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The parties state that they have settled their disputes as per the terms of the compromise. Hence, the following:-

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ORDER

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a. The appeal is allowed in terms of the compromise.

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b. The judgment and decree passed in O.S.No.6483/2007 dated 05.03.2012 by the XVII Additional City Civil and Sessions Judge (CCH16), Bengaluru is hereby set-aside.

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c. Office to draw modified decree accordingly.

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d. All I.A’s stand disposed of.

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Sd/- JUDGE

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Sri S N Ramesh S/O Narasimhamurthy v. Smt Gowramma

Case brief

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Sri S N Ramesh S/O Narasimhamurthy v. Smt Gowramma

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