Appeal against a judgment decreeing a permanent injunction was disposed of. The court accepted a joint memo presented by the appellant and first respondent, noting no coercion or undue influence existed.
Appeal disposed in terms of joint memo; office directed to pass modify decree appending joint memo copy.
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NC: 2023:KHC:43469 RFA No. 607 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 607 OF 2008 (INJ)
BETWEEN:
SRI CHIKKAHANUMAIAH S/O HANUMAIAH AGED ABOUT 50 YEARS, R/AT NO.44, IST 'A'MAIN BALAJINAGAR, D.R.C. POST, BANGALORE 29
…APPELLANT
(BY SRI. C V ANNAIAH., ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 26 YEARS SHILPA 2(b) D/O LATE VENUGOPAL REDDY AGED ABOUT 25 YEARS
BOTH ARE R/A NO.42 1ST MAIN ROAD, BALAJINAGAR S.G.PALYA, BANGALORE-560029.
…RESPONDENTS
(BY SRI. M MANIVANNAN ADVOCATE FOR R1., SRI. VASANTH V FERNANDES, ADVOCATE FOR R2 (a&b)
THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DT. 20.03.2008 PASSED IN OS NO. 8833/03 ON THE FILE OF THE CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called out. Appellant and first respondent No.1 are present. They present a joint memo. The contents of the joint memo read over to the parties. Parties have agreed that the contents of the joint memo depict the true terms of the settlement. There is no undue influence or coercion in reaching out the terms of the joint memo. Accordingly, there is no
NC: 2023:KHC:43469 RFA No. 607 of 2008
impediment for this Court to accept the joint memo and dispose of the appeal. Hence, following order is passed:
ORDER
Appeal stands disposed of in terms of the joint memo.
Office is directed to pass a modify decree in terms of the joint memo appending the copy of the joint memo as part of the decree.
No order as to costs.
Sd/JUDGE
MR
2 issues framed by the court
Whether the appeal can be disposed of based on a joint memo accepted by the parties.
Whether the court can direct a modification of the decree per terms of a settlement agreement.
2 provisions across 1 enactments
SRI CHIKKAHANUMAIAH
SRI MALLEGOWDA
VENUGOPALA REDDY SINCE DEAD REP BY LRS
SATHISH SON OF LATE VENUGOPAL REDDY
SHILPA D/O LATE VENUGOPAL REDDY
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
