The High Court accepted a compromise petition filed by parties during the pendency of a regular second appeal in a property dispute, observing no fraud or coercion, and disposed of the appeal accordingly.
Compromise petition dated 25.08.2021 accepted. Regular Second Appeal disposed of in terms of compromise. Registry to draw decree.
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 25TH DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No.2013/2017
BETWEEN:
1 . SMT LALITHAMMA D/O H.RANGAIAH, W/O CHIKKADUNDAIAH, R/AT AMBEDKAR EXTENTION UTHAVALLI VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT-67.
2 . VANAJA @ LALITHA D/O H.RANGAIAH, W/O LATE MAHADEVAIAH, R/AT D.NO.5/2, 1ST FLOOR NEAR VMR CONVENTION HALL BEHIND THE CLUB GURU SARVABHOUMA NAGAR BANGALORE-39.
3 . JAYANTHLAKSHMI @ DEVALAKSHMI SINCE DEAD BY LRS.
3(a). SMT. PUSHPADEVI B S W/O VIJAY KUMAR S D/O LAE DEVALAKSHMI R AGED ABOUT 43 YEARS GROUND FLOOR SHARADA BRINDAVANA SHARADA COLONY BASAVESHWARA NAGAR BENGALURU-79. 3(b). SMT. JAYASHREE B S W/O RAJKUMAR T
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D/O DEVALAKSHMI R AGED AOBUT 40 YEARS R/AT NO.2101 SALARPURIA GREENAGE APARTMENT BOMMANAHALLI BENGALURU-68.
4 . GIRIJAMBA @ PAPACHI D/O PUTTAMALLAIAH, R/AT D.NO.1037, EWS HOUSE SIDDARTHA LAYOUT, NEETHIMARGA MYSORE-11
... APPELLANTS
(BY SRI PRATHEEP K C, ADVOCATE)
AND:
W/O LATE RANGARAMAIAH AGED ABOUT 68 YEARS R/AT DR. B R AMBEDKAR EXTENSION DODDA HARIJANA BEEDI I CROSS, RAMASAMUDRA CHAMARAJANAGAR-89.
S/O LATE RANGARAMAIAH AGED ABOUT 51 YEARS DODDA HARIJANA BEEDI I CROSS, RAMASAMUDRA CHAMARAJANAGAR-89.
W/O NANJAIAN D/O LATE RANGARAMAIAH AGED ABOUT 48 YEARS NO.1517, 3RD CROSS CHRISTIAN COLONY MANDYA TALUK
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MANDYA DISTRICT-01.
S/O LATE RANGARAMAIH AGED ABOUT 45 YEARS DODDA HARIJANA BEEDI I CROSS, RAMASAMUDRA CHAMARAJANAGAR-89.
S/O LATE RANGARAMAIAH AGED ABOUT 43 YEARS DODDA HARIJANA BEEDI I CROSS, RAMASAMUDRA CHAMARAJANAGAR-89.
1(f). DHANALAKSHMI R W/O LOKESH SWAMY D/O RANGARAMAIAH NO.21, NAGUVANAHALLI COLONY SRIRANGAPATNA TALUK MANDYA DISTRICT-01.
S/O H RANGAIAH AGED ABOUT 63 YEARS R/AT D NO.107, I MAIN NEAR COMMUNITY HALL MEG LAYOUT B NARAYANAPURA BENGALURU-90.
... RESPONDENTS (BY SRI S V PRAKASH, ADVOCATE FOR R1(a) TO (f), R2 AND 3)
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THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 03.08.2016 PASSED IN R.A.NO.25/2014 ON THE FILE OF THE PRINCIPAL District AND SESSIONS JUDGE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 20.09.2014 PASSED IN OS.NO.06/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR.
THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiffs against the judgment and decree dated 20.09.2014 passed in OS No.6/2013 on the file of the Senior Civil Judge and CJM, Chamarajangar, wherein the trial court decreed the suit of the plaintiffs in part and being aggrieved by the same, defendant Nos.1, 2 and 4 have filed RA No.25/2014 on the file of the Principal District Judge, Chamarajanagar and the First Appellate Court by its judgment and decree dated 03.08.2016 partly allowed the appeal and thereby, the judgment and decree passed by the trial Court came to be modified. Being aggrieved by same, the plaintiffs have preferred this Regular Second Appeal.
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parties to the appeal have filed compromise petition dated 25.08.2021 under Order XXIII, Rule 3 of Code of Civil Procedure, whereunder it is stated that parties have amicably settled their disputes at the intervention of elders and well-wishers on the terms indicated therein and accordingly, they have modified their shares.
petition, it is observed that the parties have settled the matter as per terms and conditions set out therein.
facts, there is no impediment for this Court to accept the compromise petition. It would reflect that, there is
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no fraud or coercion or undue advantage made at the time of entering the compromise by the parties.
In that view of the matter, the compromise petition is hereby accepted. Accordingly, the Regular Second Appeal is disposed of in terms of the compromise petition dated 25.08.2021.
Registry shall draw the decree in accordance with compromise petition.
Sd/JUDGE
SB
2 issues framed by the court
Whether the compromise petition filed during pendency of appeal is valid and free from fraud or coercion.
Whether the appeal ought to be disposed of based on the compromise terms.
1 provisions across 1 enactments
LALITHAMMA D/O H.RANGAIAH
VANAJA @ LALITHA D/O H.RANGAIAH
JAYANTHLAKSHMI @ DEVALAKSHMI SINCE DEAD BY LRS
PUSHPADEVI B S/
JAYASHREE B S/
GIRIJAMBA @ PAPACHI
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court