The High Court of Karnataka disposed of a second appeal filed under Section 100 CPC. It accepted counsel's submission that parties resolved the dispute via a compromise petition filed in the first appeal, rendering the second appeal non-survivable.
Appeal disposed of without any order having been made on the merits.
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 29TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
REGULAR SECOND APPEAL NO.525 OF 2017
BETWEEN
2.SRI SRIKANTA S/O LATE MADAPPA AGED ABOUT 28 YEARS
APPELLANTS 1 TO 4 ARE R/A VARUNA VILLAGE MYSORE TALUK MYSURU-570010.
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MYSURU TALUK MYSURU DISTRICT-570010
...APPELLANTS
(By SRI SHANKAR REDDY C, ADVOCATE)
AND
1 . SMT. JAYAMMA W/O LATE RAJANNA D/O LATE BHOGAPPA AGED ABOUT 48 YEARS R/A VARUNA VILLAGE VARUNA HOBLI MYSURU Taluk MYSURU DISTRICT-570010.
2 . SRI NAGARAJU S/O LATE BOGAPPA AGED ABOUT 56 YEARS R/A VARUNA VILLAGE VARUNA HOBLI MYSURU TALUK MYSURU DISTRICT-570010
3 . SRI PUTTABUDDI S/O LATE MANCHAPPA MAJOR R/A CHORNAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK MYSURU DISTRICT-570010.
….RESPONDENTS
(By SRI. B S NAGARAJ, ADVOATE FOR C/R1; R2 POSTAL SHARA EXPIRED; R3 SERVED)
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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 23.11.2016 PASSED IN REGULAR APPEAL NO.571 OF 2016 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, MYSURU, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED31.03.2016 PASSED IN OS.NO. 526 OF 2006 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MYSURU.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is filed by the defendant Nos.1(a) to 1(d) challenging the judgment and decree dated 23.11.2016 in R.A No.571/2006 on the file of IV Additional District Judge, Mysuru and judgment and decree dated 31.03.2016 in O.S No.526/2006 on the file of Principal Judge, Small Causes and Senior Civil Judge, Mysuru.
Learned counsel for the parties have submitted that the parties to the lis have resolved the dispute in FDP No.2 of 2017 (O.S No.526/2006) and thereby, filed Compromise Petition under Order 23 Rule 3 of Code of Civil Procedure and as such, in view of the resolution of the dispute between the parties, this appeal does not survive for consideration.
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Accepting the submission made by the learned counsel for the parties and taking into consideration the memo filed by the learned counsel for the appellant along with the copy of compromise petition filed by the parties in FDP No.2/2017, appeal is disposed of.
Sd/JUDGE
UN
1 issue framed by the court
Whether the second appeal survives when the parties have resolved the dispute via a compromise petition.
2 provisions across 1 enactments
Smt. Mahadevamma
Sri Sriikanta
Sri Mahesha
Sri Prakash
Smt. Jayamma
Sri Nagaraju
E.S. Indirosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
