Disposed

Sri L Narasimha Murthy v. Sri Venkatesh Murthy

Karnataka HC3 Oct 2023RFA/56/2008

Case brief

AI extract

What is this about?

Two regular first appeals filed under the CPC against an injunction decree. The High Court accepted a compromise petition filed by the parties, noting the transfer of the agreed sum. The appeals were disposed of in terms of the settlement, and court fees were refunded.

What did the court decide?

The compromise petition was accepted, both appeals were disposed of, a decree was drawn, and court fees were refunded.

Sri L Narasimha Murthy Vs Sri Venkatesh… — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE V. SRISHANANDA REGULAR FIRST APPEAL NO. 56 OF 2008 (INJ)

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C/W

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REGULAR FIRST APPEAL NO. 57 OF 2008

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IN RFA NO.56 OF 2008

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BETWEEN:

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L. NARASIMHA MURTHY SINCE DEAD BY HIS LRS.

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1(a) SRI. JAYARAM S/O LATE NARASIMHA MURTHY AGED ABOUT 56 YEARS R/AT "CHIRANJEEVI" NO.85-36/2, AREHALLI AGS LAYOUT, 3^RD CROSS 3^RD MAIN BENGALURU-560 061.

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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1(b) SMT. N.HARINI D/O LATE NARSIMHA MURTHY AGED ABOUT 58 YEARS R/AT "CHIRANJEEVI" NO.85-36/2, AREHALLI AGS LAYOUT, 3^RD CROSS 3^RD MAIN BENGALURU-560 061.

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1(c) SMT. T.G. VARALAKSHMI W/O LATE NARAHARI AGED ABOUT 51 YEARS NO.113, 5^TH MAIN POORNAPRAGNA LAYOUT

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NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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BANASHANKARI 3^RD STAGE BENGALURU-560 085.

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1(d) AMOOLYA N. KADAMBI D/O LATE NARAHARI AGED ABOUT 24 YEARS NO.113, 5^TH MAIN POORNAPRAGNA LAYOUT BANASHANKARI 3^RD STAGE BENGALURU-560 085.

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…APPELLANTS

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(BY SRI. A MADHUSUDHANA RAO., ADVOCATE)

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AND:

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SRI. VENKATESH MURTHY S/O LATE DR.SRINIVASA RAO AGED ABOUT 71 YEARS R/AT NO.22, MODEL HOUSE STREET BASAVANAGUDI, BENGALURU-560 004.

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…RESPONDENT

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(BY SMT. CHANDRAKALA G., ADVOCATE)

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THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER

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XLI RULE 1 R/W SEC.96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 31.08.2007 PASSED IN O.S.NO.9224 OF

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1997 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR INJUNCTION.

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NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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IN RFA NO.57 OF 2008

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BETWEEN:

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L. NARASIMHA MURTHY SINCE DEAD BY HIS LRS.

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1(a) SRI. JAYARAM S/O LATE NARASIMHA MURTHY AGED ABOUT 56 YEARS R/AT "CHIRANJEEVI" NO.85-36/2, AREHALLI AGS LAYOUT, 3^RD CROSS 3^RD MAIN, BENGALURU-560 061.

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1(b) SMT. N. HARINI D/O LATE NARSIMHA MURTHY AGED ABOUT 58 YEARS R/AT "CHIRANJEEVI" NO.85-36/2, AREHALLI AGS LAYOUT, 3^RD CROSS 3^RD MAIN, BENGALURU-560 061.

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1(c) SMT. T.G. VARALAKSHMI W/O LATE NARAHARI AGED ABOUT 51 YEARS NO.113, 5^TH MAIN POORNAPRAGNA LAYOUT BANASHANKARI 3^RD STAGE BENGALURU-560 085.

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1(d) AMOOLYA N. KADAMBI D/O LATE NARAHARI AGED ABOUT 24 YEARS NO.113, 5^TH MAIN POORNAPRAGNA LAYOUT BANASHANKARI 3^RD STAGE BENGALURU-560 085.

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…APPELLANTS

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(BY SRI. A MADHUSUDHANA RAO, ADVOCATE)

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4 - NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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AND:

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SRI. VENKATESH MURTHY S/O LATE DR.SRINIVASA RAO AGED ABOUT 71 YEARS R/AT NO.22, MODEL HOUSE STREET BASAVANAGUDI, BENGALURU-560 004.

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…RESPONDENT

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(BY SMT. CHANDRAKALA G., ADVOCATE)

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THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 R/W SEC.96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 31.08.2007 PASSED IN O.S. NO.9224 OF 1997 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, IN SO FAR IT RELATES TO THE GRANTING OF THE RELIEF OF MANDATORY INJUNCTION TO THE RESPONDENT.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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5 - NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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JUDGMENT

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Appellant No.1(c) - Smt. T.G. Varalakshmi, and respondent - Sri. Venkatesh Murthy are present before the Court. They submit a compromise petition under Order XXIII Rule 3 of CPC which is signed by appellant Nos.1(a), 1(c) and respondent. Both side learned counsel have also signed the compromise petition.

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Appellant No.1(d) - Smt. Amoolya N. Kadambi appeared through video conference.

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Sri. Jayaram, appellant No.1(a) is said to be aged and unable to move about and on his behalf, Smt. T.G. Varalakshmi and Smt. Amoolya N. Kadambi have accepted the compromise petition.

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It is submitted that Smt. N.Harini - appellant No.1(b) is no more and appellant Nos.1(a), 1(c) and 1(d) are the only legal representatives of deceased appellant No.1(b).

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Parties have presented the compromise petition. Contents of the compromise petition is read over to parties

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NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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and they admit that the compromise petition depicts true terms of settlement. They also submit that there is no force, undue influence or coercion in reaching out the compromise. Compromise petition is signed by appellant Nos.1(a) and 1(c).

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Smt. Amoolya N. Kadambi residing abroad being unable to appear before Court for accepting the compromise petition, appeared through video conference. She has specifically admitted that on her behalf, Smt. T.G. Varalakshmi would admit the compromise petition and she has also authorised Sri. Madhusudhan Rao, learned counsel for the appellants to accept the compromise petition and as such, he has signed the compromise petition. The sole respondent - Sri. Venkatesh Murthy has signed the compromise petition and Smt. Chandrakala, learned counsel representing the respondent has also signed the compromise petition.

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It is submitted that a sum of Rs.1,00,000/- payable under the terms of the compromise petition, is today

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NC: 2023:KHC:35644 RFA No. 56 of 2008 C/W RFA No. 57 of 2008

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transferred to the bank account of the respondent - Sri. Venkatesh Murthy.

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As such, taking note of the above factual aspects,

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this Court has no impediment whatsoever to accept the compromise petition and dispose of the appeals in terms

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of the compromise petition. Accordingly, the following:

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ORDER

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The compromise petition is accepted.

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Both the Appeals stand disposed of in terms of the

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

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In view of the settlement, permissible refund of court

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fee in favour of the appellant/s is allowed.

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Sd/JUDGE

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sac

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List No.: 1 Sl No.: 9

Sri L Narasimha Murthy v. Sri Venkatesh Murthy

Case brief

What is this about?

What did the court decide?

Sri L Narasimha Murthy v. Sri Venkatesh Murthy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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