In a regular second appeal, the High Court dismissed the matter as settled out of court following the acceptance of a compromise petition by the lower court after a settlement between the parties.
Appeal dismissed as settled out of court; records directed to be sent back to the trial court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
REGULAR SECOND APPEAL NO.245 OF 2018
BETWEEN:
…Appellants
(by Sri K V Narasimhan, Advocate)
2
AND:
All are R/at Alganahalli Village Urdigere Hobli, Tumkur Taluk Tumkur District-572 222.
…Respondents
(R1 to R3 are served)
This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.08.2017 passed in RA No.23 of 2009 on the file of the Principal Senior Civil Judge and JMFC, Madhugiri, partly allowing the appeal and setting aside the judgment and decree dated 19.12.2008 passed in OS.No.72 of 2007 on the file of the Civil Judge (Jr. Dn) and JMFC, Koratagere.
This Appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT
Learned counsel for the appellant submitted that he has
filed a memo dated 08.07.2021 stating that the parties to the lis have settled the matter and thereby, compromise petition has been accepted before the Court below in R.A No.12/2009.
3
In view of the settlement arrived at between the
parties, the appeal is dismissed as settled out of court.
Registry is directed to send back the trial Court records
forthwith.
Sd/JUDGE
UN
Hanumantharayappa S/o Chikkaramaiah
Jayamma Aged 47 years
Hanumakka D/o late Chikkaramaiah
Nagarathnamma W/o Hanumantharayappa
Smt Puttamma Alleged W/o Chikkaramaiah
Shivakumar @ Shivaram Alleged S/o Chikkaramaiah
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
