This is a Regular Second Appeal under Section 100 CPC. The court recorded a compromise petition filed by the parties. Finding no legal impediment, the court set aside prior decrees and disposed of the appeal in terms of the settlement.
Set aside judgments and decrees in O.S.No.185/2008 and R.A.No.79/2012; appeal disposed of per compromise petition.
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.
NC: 2023:KHC:24400 RSA No. 330 of 2016
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.330 OF 2016 (PAR)
BETWEEN:
BOTH ARE R/AT KRISHNAPURA VILLAGE, VEMAGAL HOBLI, KOLAR TALUK.
FIRST APPELLANT'S PRESENT ADDRESS: YELAHANKA, BANGALORE.
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
(BY SRI. M.S.VARADARAJAN., ADVOCATE)
AND:
…APPELLANTS
SRI K.M.BACHEGOWDA SINCE DEAD BY LR'S,
SINCE DEAD BY HER LR's ALREADY ON RECORD AS RESPONDENTS No.2 AND APPELLANTS No.1 & 2.
NC: 2023:KHC:24400 RSA No. 330 of 2016
AGED ABOUT 46 YEARS,
BOTH ARE R/AT KRISHNAPURA VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT.
…RESPONDENTS
(BY SRI. G.V.SHASHIKUMARA., ADVOCATE A/W SRI. ARAVIND.V.CHAVAN., ADVOCATE FOR R2; SRI. ARAVIND.V.CHAVAN., ADVOCATE FOR R3; V/O DATED 20.07.16 APPELLANT NO.1, NO.2 & R2 ARE TREATED AS LR'S OF DECEASED R1)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.M.S.Varadarajan., learned counsel for appellants and Sri.Aravind V.Chavan., learned counsel for respondents 2 & 3 have appeared in person.
Learned counsel for the respective parties submits that appellants and respondents 2 & 3 have arrived at a settlement and a Compromise Petition under Order 23 Rule 3 of CPC has
NC: 2023:KHC:24400 RSA No. 330 of 2016
been filed by both the parties. Counsel therefore, submits that the Compromise Petition may be placed on record and the appeal may be disposed of in terms of the Compromise arrived at between the parties.
Smt.Umadevi & Sri.Rajashekar - appellants and Sri.K.B.Mune Gowda & Smt.Manjula.C.V - respondents 2 & 3 respectively have appeared in person and they have been duly identified by the 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 compromise arrived at by 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 Compromise Petition may be taken on record and the appeal may be disposed of in terms of the Compromise Petition.
The Compromise Petition is taken on record. I have perused the same with utmost care.
On perusal of the Compromise Petition, this Court finds that the terms of Compromise Petition are lawful and that there is no legal impediment for accepting the same.
In view of the settlement between the parties, the Judgment & Decree dated:29.06.2012 passed by the Court of I Addl. Civil Judge (Sr.Dn) & CJM, Kolar in O.S.No.185/2008 and the Judgment & Decree dated:12.01.2016 passed by the Court of II Addl. District & Sessions Judge, Kolar in R.A.No.79/2012 are set-aside.
The Regular Second Appeal is accordingly, disposed of in terms of the Compromise Petition.
The Registry concerned is hereby directed to draw the Final Decree in terms of the Compromise Petition.
Sd/JUDGE
TKN List No.: 1 Sl No.: 65
1 issue framed by the court
Whether the High Court can dispose of the appeal based on a settlement reached by the parties.
2 provisions across 1 enactments
Smt. Uma Devi D/o K.M.Bachegowda
Sri Rajasekhar S/o K.M. Bachegowda
Smt. Krishnamma W/o Late K.M.Bachegowda
Munegowda S/o K.M.Bachegowda
Manjula.C.V. W/o Munegowda
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
