Court disposed of Civil Revision Petition and First Appeal after parties recorded compromise petition. Appellant withdrew underlying suit, registry released stipulated sums, and appeal deemed infructuous.
CRP allowed; decree drawn per compromise; Rs. 22,00,000 released to each of R1 and R2; O.S. 8563/2013 withdrawn; MFA disposed.
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.
CRP NO.296/2018 C/W MFA NO.2937/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CIVIL REVISION PETITION NO.296/2018 (IO) C/W MISCELLANEOUS FIRST APPEAL NO.2937/2014 (CPC)
In CRP No.296/2018
BETWEEN :
KARTHIKEYAN GANESHAN S/O LATE GANESHAN THANGAVELU AGED ABOUT 46 YEARS R/AT 6677 SUNNY DRIVE, MASON OHIO – 45040-1696 UNITED STATES OF AMERICA
… PETITIONER
(BY SRI L.GOVINDRAJ, ADV.)
AND :
CRP NO.296/2018 C/W MFA NO.2937/2014
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#99, 7TH CROSS BRINDAVAN LAYOUT HORAMAVU POST BANASAWADI BANGALORE – 560 043
… RESPONDENTS
(BY SRI K.CHANDRANATH ARIGA, ADV. FOR R1 & R2; SRI D.S.MANJEGOWDA, ADV. FOR R3)
THIS CRP IS FILED UNDER SECTION 115 OF THE CPC, AGAINST THE ORDER DATED 04.04.2018 PASSED ON I.A. IN O.S.NO.8563/2013 ON THE FILE OF THE PRESIDING OFFICER, CITY CIVIL COURT, BANGALORE, DISMISSING THE I.A. FILED UNDER ORDER 7 RULE 11(d) OF CPC FOR REJECTION OF THE PLAINT.
In MFA No.2937/2014
BETWEEN :
KARTHIKEYAN GANESHAN S/O LATE GANESHAN THANGAVELU AGED ABOUT 46 YEARS R/AT 6677 SUNNY DRIVE, MASON OHIO – 45040-1696 UNITED STATES OF AMERICA
AND ALSO AT NO.21, THAMBUCHETTY ROAD COXTOWN, BANGALORE
… APPELLANT
(BY SRI L.GOVINDRAJ, ADV.)
AND :
CRP NO.296/2018 C/W MFA NO.2937/2014
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AGED ABOUT 53 YEARS R/AT ANUGRAHA #99, 7TH CROSS BRINDAVAN LAYOUT HORAMAVU POST BANASAWADI BANGALORE – 560 043
… RESPONDENTS
(BY SRI K.CHANDRANATH ARIGA, ADV. FOR C/R1 & R2; SRI G.PRASHANTH, ADV. FOR R3)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.02.2014 PASSED ON IA NO.1 IN OS NO.8563/2013 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SECTION 151 OF CPC.
THESE PETITION AND APPEAL COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
CRP NO.296/2018 C/W MFA NO.2937/2014
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ORDER
In CRP No.296/2018
The petitioner, respondent Nos.1 and 2, husband of respondent No.1 and the respective counsel are present virtually before the Court. The parties are duly identified by their counsel. So far as respondent No.3, she was defendant No.2 before the trial Court. It is submitted that she is sailing with the petitioner.
the compromise petition. The same is found admissible in law. Therefore, the compromise is recorded.
The petition is allowed in terms of the compromise petition. Draw decree accordingly.
Out of Rs.44,00,000/- deposited before this Court, Registry shall release Rs.22,00,000/- to respondent Nos.1 and 2 each.
It is submitted that respondent No.2 is a Non Resident citizen of India, therefore, she does not hold Aadhaar Card. Registry shall disburse the amount to
CRP NO.296/2018 C/W MFA NO.2937/2014
5
her on furnishing any other identity proof like PAN Card and the Bank details.
Respondent Nos.1 and 2 shall withdraw
O.S.No.8563/2013 filed before the trial Court.
Petition is disposed of accordingly.
In MFA No.2937/2014
Learned counsel for the appellant has filed memo reporting that in view of the settlement of the matter between the parties which is recorded in CRP No.296/2018, this appeal has become infructuous.
Recording the memo, the appeal is disposed of accordingly.
Sd/JUDGE
pgg
3 issues framed by the court
Whether Civil Revision Petition and Miscellaneous First Appeal require disposal after recording settlement in compromise petition.
Whether appeal renders infructuous after parties execute compromise.
How to handle unneither-disbursable non-resident respondent share in accord and settle funds.
4 provisions across 1 enactments
Karthikeyan Ganeshan
Sathya Geetha Rani
Subhashini Ganeshan
Devi Ganeshan
K.S. Mudgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
