The High Court of Karnataka disposed of Regular First Appeal No. 29 of 2023 filed under Section 96 of CPC. The parties filed a joint compromise petition, settling the dispute for Rs. 5 lakhs. The Court accepted the compromise and disposed of the appeal accordingly.
Appeal disposed in terms of compromise; decree to be drawn; court fee refunded.
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.
NC: 2023:KHC:35848 RFA No. 29 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 29 OF 2023 (MON)
BETWEEN:
SRI A. B. ESHWARAPPA, S/O. LATE A. L. BASAVARAJAPPA, PRESENTLY AGED ABOUT 44 YEARS, RESIDING AT 'VAIDDYANATHESWARA NILAYA', 5TH CROSS, BASAVESHWARA BADAVANE, CHAKRANAGARA MAIN ROAD, ANDRAHALLI, BENGALURU - 560 091.
…APPELLANT
(BY SRI H. V. DEVARAJU, ADVOCATE)
AND:
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
SRI B. SHEKAR, S/O. SRI BASAVAIAH, PRESENTLY AGED ABOUT 44 YEARS, R/AT NO.667, 16TH MAIN, 6TH CROSS, SRINIVASANAGARA, BANK COLONY, BENGALURU - 560 050.
…RESPONDENT
(BY SRI K. MURTHY, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.11.2022 PASSED IN OS NO.5247/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH 65) BENGALURU CITY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:35848 RFA No. 29 of 2023
JUDGMENT
This appeal is filed by the appellant under Section 96 of CPC for setting aside the judgment and decree passed by the LXIV Addl. City Civil and Sessions Judge (CCH-65), Bengaluru City, (for short hereinafter referred to as 'trial Court') in O.S.No.5247/2017 dated 18.11.2022.
NC: 2023:KHC:35848 RFA No. 29 of 2023
No.049995 and appellant/defendant agreed to pay remaining amount of Rs.1,00,000/- to respondent/plaintiff by way of Post Dated Cheque bearing No.049996 dated 29.03.2024.
compromise application.
Office to draw decree accordingly.
Office to refund the Court fee to the appellant in
accordance with law.
MKM CT: BHK
Sd/JUDGE
1 issue framed by the court
Whether the High Court can accept a compromise petition filed during the pendency of an appeal under Section 96 of CPC.
2 provisions across 1 enactments
Sri A. B. Eshwarappa
Sri B. Shekar
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
