Disposed

Smt Rathnamma v. Shri Nagaraja Reddy

Karnataka HC1 Aug 2023RSA/1546/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a regular second appeal filed under Section 100 of the CPC. Upon a noted compromise between parties, the appellant purchased the suit property, with payments made or agreed. The court accepted the compromise petition, disposed of the appeal accordingly, and directed the registry to draw a decree and refund court fees.

What did the court decide?

The Regular Second Appeal is disposed of in terms of the compromise. Registry directed to draw decree and refund court fee.

Smt Rathnamma Vs Shri Nagaraja Reddy — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:26858 RSA No. 1546 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO. 1546 OF 2019 (SP)

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BETWEEN:

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SMT RATHNAMMA

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W/O C.V. NARAYANA SETTY, AGED ABOUT 47 YEARS, R/AT BUDIKOTE VILLAGE & POST & HOBLI, BANGARPET TALUK-563 114.

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…APPELLANT

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(BY SRI VISWANATHA SETTY V., ADVOCATE)

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AND:

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SHRI NAGARAJA REDDY

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S/O. MUNIVENKATA REDDY

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AGED ABOUT 45 YEARS, R/AT GAJAGA VILLAGE,

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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BUDIKOTE HOBLI,

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BANGARPET TALUL-563 114.

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…RESPONDENT

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(BY SRI OMKARA N., ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.06.2019 PASSED IN R.A.NO.35/2019 ON THE FILE OF THE III ADDL.DISTRICT JUDGE, KOLAR (SITTING AT KGF) PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.01.2019 PASSED IN O.S.NO.43/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, K.G.F.

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

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NC: 2023:KHC:26858 RSA No. 1546 of 2019

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JUDGMENT

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Learned counsel for appellant earlier has filed an application I.A.No.1/2023 for compromise and submits that he is not pressing that I.A. Hence, I.A.No.1/2023 is dismissed as not pressed

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Learned counsel for appellant submits that, I.A.No.2/2023 has been filed for compromise the matter. The said I.A. has been signed by both parties and their respective counsels, wherein sought for permission to compromise the matter. A discrepancy is found by the office that, schedule mentioned in compromise petition does not tally with O.S. schedule and now the counsel has corrected the same as 3 acres 4½ guntas as mentioned in

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the Original Suit and both appellant and respondent are present before the Court.

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In view of the compromise, the appellant has purchased the entire suit schedule property for a total sale consideration of Rs.10,60,000/- and respondent has received Rs.5,00,000.0 by way of cash on 15.6.2016 and

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3 - NC: 2023:KHC:26858 RSA No. 1546 of 2019

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today paid a sum of Rs.2,00,000/- by way of Cheque bearing No.434992 dated 20.07.2023 and remaining sum of Rs.3,60,000/- is payable at the time of registration of the suit schedule property. Hence, sought permission of this Court to dispose of the appeal in terms of the compromise.

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Parties are also understood the terms of compromise on enquiry and hence, the compromise petition is accepted.

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Accordingly, in terms of the compromise, the Regular Second Appeal is disposed of.

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Registry is directed to draw a decree in terms of

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the compromise.

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Office is directed to refund the Court Fee in accordance with law.

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Sd/JUDGE

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RHS

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List No.: 1 Sl No.: 35

Smt Rathnamma v. Shri Nagaraja Reddy

Case brief

What is this about?

What did the court decide?

Smt Rathnamma v. Shri Nagaraja Reddy

Case brief

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