Disposed

Shri K N Abhilash v. Shri N Chandrappa

Karnataka HC16 Jun 2023RSA/1882/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a Regular Second Appeal arising from a partition and family suit. The dispute concerned the validity of a compromise petition signed by the parties regarding the decree to be drawn. The Court accepted the compromise and disposed of the appeal accordingly.

What did the court decide?

Draw decree in terms of the compromise petition filed under Order XXIII Rule 3 CPC.

Shri K N Abhilash Vs Shri N Chandrappa — Partition | Karnataka HC (2023)

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NC: 2023:KHC:20824 RSA No. 1882 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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REGULAR SECOND APPEAL NO. 1882 OF 2015 (PAR)

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BETWEEN:

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SHRI K.N. ABHILASH S/O SHRI K.C. NARAYANASWAMY, AGED ABOUT 28 YEARS, OCC: AGRICULTURE/STUDENT,

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MS. K.N. BHAGYASHREE D/O SHRI K.C NARAYANASWAMY, AGED ABOUT 26 YEARS, OCC:STUDENT,

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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BOTH ARE PERMANENT RESIDENTS OF KENDATTI VILLAGE, KOLAR TALUK KOLAR- 563 101.

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…APPELLANTS

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(BY SRI. G.A SRIKANTE GOWDA.,ADVOCATE)

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AND:

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SHRI N CHANDRAPPA S/O NARAYANAPPA, AGED ABOUT 84 YEARS, OCC: AGRICULTURE,

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SHRI K C NARAYANASWAMY S/O SHRI N. CHANDRAPPA, AGED ABOUT 56 YEARS, OCC: AGRICULTURE,

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2 - NC: 2023:KHC:20824 RSA No. 1882 of 2015

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SHRI K.C RAMESH KUMAR S/O SHRI N. CHANDRAPPA, AGED ABOUT 51 YEARS, OCC: AGRICULTURE,

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SHRI K C AMARESH S/O SHRI N. CHANDRAPPA, AGED ABOUT 47 YEARS, OCC: AGRICULTURE,

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APPELLANTS 1 TO 4 ARE RESIDING AT: KENDATTI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK- 563 101.

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SMT. NAGARATHNAMMA @ NANAMMA, W/O NANJE GOWDA, AGED ABOUT 60 YEARS, OCC: HOUSEHOLD WORK, R/AT SHETTYHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK - 563 101.

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SMT. SHYAMALAMMA W/O SUBBA REDDY, AGED ABOUT 53 YEARS, OCC: HOUSEHOLD WORK, PRABHAKAR BADAVANE, KSRTC DEPOT, CHINTHAMANI - 563 125.

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SMT. SUMITHRAMMA W/O KUMAR, AGED ABOUT 49 YEARS, OCC: HOUSEHOLD WORK, R/AT KADLIPURA MAIN ROAD, MANIKANTA NILAYA, 10^TH CROSS, KARANJIKATTE, KOLAR CITY - 563 101.

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3 - NC: 2023:KHC:20824 RSA No. 1882 of 2015

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SMT. ANASUYAMMA, W/O BOMMANAHALLI VENKATESHAPPA, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, 7^TH CROSS, KADLIPURA MAIN ROAD, KARANJIKATTE, KOLAR CITY - 563 101.

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SMT. LAKSHMIDEVI, W/O MUNICHOWDAPPA, AGED ABOUT 52 YEARS, R/O KOGILAHALLI, SANITORIUM POST, KOLAR TALUK - 563 101.

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SHRI ADESUMALLI VENKATESWARA RAO S/O VENKATANARAYANA, AGED ABOUT 59 YEARS, R/O NO. 505, GROUND FLOOR, BANASHANKARI II STAGE, BENGALURU - 560 070.

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THE GENERAL MANAGER, LANCO INFRASTRUCTURE PVT. LTD., CHELUVARAHALLI VILLAGE, NH-4 ROAD, MADRAS-BANGALORE ROAD, KOLAR TALUK - 563 101.

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(THE RESPONDENTS NO.1, 2 AND 5 TO 11 ARE DELETED AS PER ORDER DATED 16/06/2023.)

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…RESPONDENTS

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(BY SRI. M.S. VARADARAJAN., ADVOCATE AND SRI. SANTHOSH., ADVOCATE FOR R3, SRI.RAJAGOPALA NAIDU.,ADVOCATE FOR R10, R1-2, 5 TO N11 ARE DELETED)

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THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.10.2015 PASSED IN R.A NO.143/2010 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND

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4 - NC: 2023:KHC:20824 RSA No. 1882 of 2015

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SETTING ASIDE THE JUDGMENT AND DECREE DATED 01.09.2010 PASSED IN O.S NO.265/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR. DN), KOLAR.

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

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ORDER

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The appellants/plaintiffs had filed a suit in O.S.No.265/2008 seeking re-opening of the partition deed dated 25.09.2006 holding that the sale deed executed by third defendant in favour of defendants No.9 and 10 is not binding on the plaintiffs and plaintiffs No.1 and 2 are entitled for partition and separate possession of their legitimate shares out of the properties fallen to the share of the 2^nd defendant in respect of suit schedule property. The said suit came to be decreed by judgment and decree dated 01.09.2010 by II Additional Civil Judge (Sr.Dn), Kolar.

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Aggrieved by the said judgment and decree, third defendant has filed an appeal in R.A.No.143/2020 on the file of I Additional District Judge, Kolar. The said appeal came to be allowed by judgment and decree dated 14.10.2015 and the judgment and decree passed in O.S.No.265/2008 dated 01.09.2010 has been set aside and the said suit came to be

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NC: 2023:KHC:20824 RSA No. 1882 of 2015

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dismissed. Aggrieved by the judgment passed in R.A.No.143/2010, the plaintiff have preferred this second appeal.

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A memo of compromise petition under order XXIII Rule 3 of the Code of Civil Procedure, 1908 is filed and it is signed by Appellants and Respondents No.3 and their respective counsels. The said compromise petition is affixed with the signature of respondent No.4 and he is identified by the counsel for respondent No.3. Learned counsel for appellant and respondent No.3 is present. Appellants No.1 and 2 and respondents No.3 and 4 admit the terms of the compromise. The terms of the compromise are lawful. Appellants No.1 and 2 and respondent No.3 submits that there is no any force or threat on them to affix their signature and they voluntarily entered into compromise. Accordingly, appeal is disposed of in terms of compromise petition.

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Draw decree in terms of the compromise petition.

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Sd/JUDGE

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List No.: 1 Sl No.: 11

Shri K N Abhilash v. Shri N Chandrappa

Case brief

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Shri K N Abhilash v. Shri N Chandrappa

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