Disposed

Sri Sreenivas Reddy v. Sri K N Dayanandasagar

Karnataka HC28 Nov 2023RFA/1375/2006

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a regular first appeal filed under Section 96 of the CPC. The Court accepted a joint compromise petition signed by parties and their advocates. No force, coercion, or undue influence was found. The appeal is disposed of as per the compromise terms.

What did the court decide?

Appeal disposed of in terms of compromise petition; office directed to draw decree appending compromise; refund of court fee allowed.

Sri Sreenivas Reddy Vs Sri K N Dayanandasagar — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:43025 RFA No. 1375 of 2006

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.1375 OF 2006 (DEC)

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BETWEEN:

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SRI SREENIVAS REDDY S/O LATE K.N.SHYAMANNA REDDY AGED ABOUT 54 YEARS

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SMT SAVITHRAMMA W/O LATE KODANDARAMA REDDY AGED ABOUT 45 YEARS

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SRI HEMANTH KUMAR S/O LATE KODANDARAMA REDDY AGED ABOUT 25 YEARS

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MS ROOPA @ DEEPA D/O LATE KODANDARAMA REDDY AGED ABOUT 22 YEARS

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SMT SAROJAMMA D/O LATE K.N.SHYAMANNA REDDY AGED ABOUT 47 YEARS

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SMT SAVITHRAMMA D/O LATE K.N.SHYAMANNA REDDY AGED ABOUT 45 YEARS

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APPELLANTS 1 TO 6 ARE RESIDENTS OF NO.32 PATEL SHAMANNA REDDY BUILDING, KORAMANGALA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 095

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2 - NC: 2023:KHC:43025 RFA No. 1375 of 2006

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SMT NIRMALA BEBI

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D/O LATE K.N.SHYAMANNA REDDY SINCE DECEASED BY HER LEGAL HEIR

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7(a) SRI JANARDHANA REDDY S/O LATE H.N.SHAMANNA REDDY H/O NIRMALA BEBI AGED ABOUT 66 YEARS RESIDING AT NO.23, 4^TH MAIN ROAD BEHIND DOCTOR LAYOUT NAGANATHAPURA BENGALURU – 560 100.

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…APPELLANTS

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(BY SRI B.S.KRISHNA FOR SRI D S JAYARAJ & SRI SANDESH, ADVOCATES)

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AND:

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SRI K N DAYANANDASAGAR S/O K.M.NARAYANA REDDY AGED ABOUT 39 YEARS

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NO.503, 8^TH BLOCK, 1^ST MAIN ROAD KORAMANGALA, BANGALORE -95

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SMT SAROJAMMA W/O LATE K.M.NARAYANA REDDY MAJOR

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SRI K N SURENDRA REDDY S/O LATE K.M.NARAYANA REDDY MAJOR,

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SRI K N ASWATHANARAYANA REDDY S/O LATE K.M.NARAYANA REDDY MAJOR,

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SMT K N GUNAVATHI D/O LATE K.M.NARAYANA REDDY MAJOR,

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3 - NC: 2023:KHC:43025 RFA No. 1375 of 2006

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R/AT NO.109, 17^TH C MAIN 5^TH BLOCK, KORAMANGALA BANGALORE 560 095

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…RESPONDENTS

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(BY SRI S RAJENDRA, ADVOCATE FOR R1 TO R5)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 23.06.2006 PASSED IN O.S.No.5299/1993 ON THE FILE OF THE VII ADDL.CITY CIVIL JUDGE, BANGALORE (CCH.No.19) DECREEING THE SUIT FOR PERMANENT INJUNCTION.

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THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Parties are present. Appellants are represented by Sri D.S.Jayaraj, advocate. On behalf of Sri D.S.Jayaraj, Sri B.S.Krishna, learned counsel is present.

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Sri Hemanth Kumar- appellant No.3 is present. He is the general power of attorney holder of appellant Nos.2,4,5,6 and 7(a). Kavya K.S. is the power of attorney holder of appellant No.1.

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K.N.Dayanandasagar, respondent No.1 is present. Respondent No.2 is no more. Appeal against respondent Nos.3 to 5 is dismissed by accepting the memo.

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4 - NC: 2023:KHC:43025 RFA No. 1375 of 2006

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Parties have presented a joint compromise petition under Order XXIII Rule 3 r/w section 151 of the Code of Civil Procedure, duly signed by the parties and their respective advocates.

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On behalf of appellants, Sri Sandesh, colleague of Sri D.S.Jayaraj, has signed the compromise petition. Sri B.S.Krishna, learned counsel submits that Sri Sandesh he has been authorized by Sri D.S.Jayaraj, advocate, to sign the compromise petition. Sri Sandesh and Sri D.S.Jayaraj, are represented by Sri B.S.Krishna, learned counsel.

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Contents of the compromise petition are read over to the parties. Parties submit that the terms of the compromise petition depict true terms of the settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise. They also admit that the ink corrections made in the compromise petition are only with regard to the name of the bank and cheque numbers and same is initialed by counsel for appellants.

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Sri S.Rajendra, learned counsel for respondents submits that all ink corrections are brought to the notice of the

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5 - NC: 2023:KHC:43025 RFA No. 1375 of 2006

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appellants and cheques are issued as per the terms of the compromise petition.

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Sri Hemanth Kumar, and Kavya K.S., the power of attorney holders of appellants acknowledge the receipt of cheques by signing the order sheet.

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Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.

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Hence, the following:

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ORDER

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(i) Appeal stands disposed of in terms of the compromise petition.

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(ii) Office is directed to draw the decree in terms of the compromise petition appending copy of the compromise petition as part of the decree.

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(iii) Appellants are entitled for refund of permissible Court Fee.

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(iv) No order as to costs.

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Sd/JUDGE

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kcm

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List No.: 1 Sl No.: 10

Sri Sreenivas Reddy v. Sri K N Dayanandasagar

Case brief

What is this about?

What did the court decide?

Sri Sreenivas Reddy v. Sri K N Dayanandasagar

Case brief

What is this about?

What did the court decide?

What the court decided

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