Regular Second Appeal disposed of upon parties filing and agreeing to a Deed of Family Agreement during hearing.
Appeal disposed of in terms of the filed Deed of Family Agreement; registry directed to draw decree.
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NC: 2023:KHC:24402 RSA No. 205 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.205 OF 2021 (PAR)
BETWEEN:
SMT.A.RAVIKALA AGED ABOUT 56 YEARS, W/O LATE RAVIKUMAR, R/AT DHANYA KRIPA, JEPPU MARKET ROAD, OPP. KAMATH CLINIC, MANGALURU - 575 002.
…APPELLANT
(BY SRI. RAKESH KINI., ADVOCATE FOR SRI. ABHILASH VAIDYANATHAN., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:24402 RSA No. 205 of 2021
- 3 - NC: 2023:KHC:24402 RSA No. 205 of 2021
OPP. KAMATH CLINIC, MANGALURU - 575 002.
AGED ABOUT 25 YEARS, S/O LATE RAVIKUMAR, RESIDING AT DHANYA KRIPA, JEPPU MARKET ROAD, OPP. KAMATH CLINIC, MANGALURU - 575 002.
…RESPONDENTS
(BY SRI. UDAYA SHANKAR RAI P., ADVOCATE SRI. SIDDESWARA., ADVOCATE FOR C/R1 TO 3, R5 & R6)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Rakesh Kini., learned counsel on behalf of Sri.Abhilash Vaidyanathan., for appellant and Sri.Udaya Shankar Rai.P., learned counsel for respondents 1 to 3, 5 & 6 have appeared in person.
Learned counsel for the respective parties submits that appellant and respondents have arrived at a settlement and a Compromise in terms of Deed of Family Agreement has been filed by both the parties. Counsel therefore, submits that the Deed of Family Agreement may be placed on record and the
NC: 2023:KHC:24402 RSA No. 205 of 2021
appeal may be disposed of in terms of the Deed of Family Agreement entered into between the parties.
Smt.Ravikala - appellant, Mr.Jagadish Kottari - respondent No.1 for himself and as a GPA holder of respondents 2, 3, 5 & 6, Ms.Dhanya Priya - respondent No.8 for herself and as a GPA holder of respondent No.4, Mrs.Geetha.T - GPA holder of respondent No.7 and Mr.Dhanush - respondent No.9 are personally present before the Court and they are duly identified by their respective counsel.
When queried by this Court, the parties have stated that they have indeed settled their dispute and have arrived at a compromise and that the appeal may be disposed of in terms of the Deed of Family Agreement entered into between them. They further state that they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side.
Counsel jointly submits that the Deed of Family Agreement may be taken on record and the appeal may be disposed of in terms of the Deed of Family Agreement.
The Deed of Family Agreement is taken on record. I have perused the same with utmost care.
On perusal of the Deed of Family Agreement, this Court finds that the terms of Deed of Family Agreement are lawful and that there is no legal impediment for accepting the same.
The Regular Second Appeal is accordingly, disposed of in terms of the Deed of Family Agreement.
The Registry concerned is hereby directed to draw the decree in terms of the Deed of Family Agreement.
The Registry concerned is directed to return the original documents to the parties by replacing the same with the Xerox copies, after drawing up of the decree.
Sd/JUDGE
TKN List No.: 2 Sl No.: 1
Smt. A. Ravikala
Mr. Jagadish Kottari
Mr. Gokula Kottari
Miss. Chandrakala
Mr. A. Prakash Kottari
Mrs. Malini Kottari
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
