The Court disposed of a regular second appeal where the respondent filed a memo stating that parties amicably settled the dispute via a compromise petition recorded by the executing court. Absent the appellant, the Court held nothing survived for consideration.
The appeal was disposed of; no orders as the appellant was absent.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1395 OF 2012 (INJ)
BETWEEN:
BEERESWARASWAMY TRUST, REPRESENTED BY ITS PRESIDENT, SRI C. JAVARAPPA, NO.85, 6TH CROSS, THONACHI KOPPAL, MYSORE - 570 001. …APPELLANT
(BY SMT. G. JAYASHREE, ADVOCATE (ABSENT))
AND:
Digitally signed by CHAITHRA P Location: High Court of Karnataka
SRI. C.R. KASARGOD, S/O. SRI RAGHAVENDRA RAO KASARGOD, AGED ABOUT 51 YEARS, PRESENTLY R/AT NO.12, SUDEEP APARTMENT, SURDHARA CIRCLE, THALTEJ, AHAMEDABAD, GUJARATH. REPRESENTED BY HIS WIFE GENERAL POWER OF ATTORNEY HOLDER, SMT. JAYANTHI CHAKRAPANI KASARGOD, W/O. SRI C.R. KASARGOD, AGED ABOUT 46 YEARS, R/AT NO.7, BLOCK NO.11-E, B.E.M.L. LAYOUT, SREERAMPURA II STAGE, MYSORE - 570 005.
…RESPONDENT
(BY SRI. SAYYED AKBAR, ADVOCATE FOR SRI. MAHANTESH S. HOSMATH, ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED:12.4.2011 PASSED BY THE III ADDITIONAL I CIVIL JUDGE & JMFC, MYSORE IN O.S.NO.79/2008 AND THE JUDGMENT AND DECREE DATED:3.4.2012 PASSED BY THE LEARNED PRESIDING OFFICER, FTC-IV, MYSORE IN R.A.NO.400/2011 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of appellant.
of Sri Mahantesh S.Hosmath for respondent is present.
"That the parties in the above case here amicable settle the dispute out of the Court and the same is reported before the Execution Court. Hence, the execution proceeding are dropped, hence in view of the same the above appeal does not survive for consideration hence, please to drop the appeal proceedings in the interest of justice."
the executing Court and the compromise petition executed between the parties in Ex.No.292/2013 are placed on record.
NC: 2023:KHC:35767 RSA No. 1395 of 2012
The executing Court, vide order dated 30.11.2021, recording the compromise between the parties and accepting the execution of the same, disposed of the petition in terms of the compromise petition filed under Order XXIII Rule 3 of CPC.
NC: 2023:KHC:35767 RSA No. 1395 of 2012
In view of disposal of this appeal, pending I.A. would not survive for consideration and the same pales into insignificance.
Sd/JUDGE
CPN
2 issues framed by the court
Whether the regular second appeal survives in light of the compromise executed between parties and disposal of execution proceedings.
Whether the appellant is entitled to seek necessary orders despite absence and pending compromise.
2 provisions across 1 enactments
BEERESWARASWAMY TRUST, REPRESENTED BY SRI C. JAVARAPPA
SRI. C.R. KASARGOD
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
