Allowed

Smt Yashoda N Bhat W/O Dr N R Bhat v. Smt Gowramma

Karnataka HC19 Jul 2021RFA/922/2012

Case brief

AI extract

What is this about?

The Karnataka High Court, in this revision filed under O. 41 R. 3 CPC, allowed the appeal based on a compromise entered into by the parties between the appellant and respondents, leading to the quashing of the impugned judgment in O.S. 8242/2005.

What did the court decide?

Appeal allowed; judgment and decree in O.S. No. 8242/2005 dated 05.03.2012 set aside; decree modified to reflect compromise; all interim applications disposed off.

Smt Yashoda N Bhat W/O Dr N R Bhat Vs Smt… — Civil Procedure and Limitation | 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. 922 OF 2012 (INJ)

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BETWEEN :

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SMT. YASHODA N. BHAT W/O DR. N.R. BHAT AGED ABOUT 51 YEARS R/AT A1-REGGIE, AREA 2 STREET 4, BLOCK 1 FLAT 111 FIRST FLOOR KUWAIT. REP. BY ITS G.P.A. HOLDER DR. N. R. BHAT S/O SRI. RAMACHANDRA LINGA BHAT AGED ABOUT 55 YEARS R/AT NO.B-702, CEDAR BLOCK GODREJ APARTMENTS, BELLARY ROAD, HEBBAL, BENGALURU – 560 024

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… 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.8242/2005 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 Smt. Yashoda N Bhat is represented by her power of attorney holder Sri. Dr.N.R. Bhat. 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 and is respondent No.5 herein.

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5. 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.8242/2005 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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Smt Yashoda N Bhat W/O Dr N R Bhat v. Smt Gowramma

Case brief

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Smt Yashoda N Bhat W/O Dr N R Bhat v. Smt Gowramma

Case brief

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