The High Court of Karnataka, while hearing a regular second appeal on regular reporting settlement noted, accepted a compromise petition filed by parties and disposed of the appeal in terms of the compromise.
Appeal disposed of in terms of compromise petition; Court fee refunded; records transmitted to Trial Court for decree.
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:24997 RSA No. 508 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.508 OF 2016 (POS)
BETWEEN:
…APPELLANTS
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
(BY SRI. T. SESHAGIRI RAO., ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O S.V. VENKATESH, AGED ABOUT 60 YEARS, R/AT NO.4, VISHWANATH RAO ROAD, MADHAVANAGARA, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. KRISHNA RAO K.N., ADVOCATE FOR C/R)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
NC: 2023:KHC:24997 RSA No. 508 of 2016
THIS APPEAL IS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.T.Seshagiri Rao., learned counsel for appellants and Sri.Krishana Rao.K.N., learned counsel for respondent have appeared in person.
Sri.Ganga Hanumaiah., - Appellant No.1 for himself and as a Special Power of Attorney holder for appellant No.2 is physically present before the Court and he is duly identified by his advocate.
Mrs.Rajashree Yogananda., Power of Attorney holder for Smt.Vijayalakshmi., - respondent is also physically present before the Court and she has been duly identified by her advocate.
The power of attorney holder Mrs.Rajashree Yogananda., has filed the vakalath today along with the power of attorney and the same is taken on record.
Learned counsel for the respective parties submits that appellants and respondent have arrived at a settlement and a Compromise Petition under Order 23 Rule 3 of CPC has 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.
When queried by this Court, the parties state 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.
The Compromise petition is placed 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.
The Regular Second Appeal is accordingly, disposed of in terms of the Compromise Petition.
The Registry concerned is hereby directed to draw the decree in terms of the Compromise Petition.
In view of the settlement, learned Counsel Sri.T.Seshagiri Rao., has handed over two Demand Drafts bearing No.256984 drawn on Bank of Baroda, Dasanapura Branch, Bengaluru North Taluk dated:11.07.2023 for a sum of Rs.10,00,000/- (Rupees Ten Lakh only) and another Demand Draft bearing No.952037 drawn on Canara Bank, Nelamangala Branch, Bengaluru Rural District dated:11.07.2023 for a sum of Rs.7,00,000/- (Rupees Seven Lakh only) respectively in favor of S.V.Vijaya, to the learned counsel Sri.Krishna Rao.K.N., in the open court and Sri.Krishna Rao.K.N., acknowledges the receipt of the same.
Sri.T.Seshagiri Rao., learned counsel for the appellants submits that in view of the settlement arrived at between the parties, the defendants shall make an application before the Trial Court to return all original and certified copies of the documents produced by the plaintiff and to hand over the same to any of the defendants.
In reply Sri.Krishna Rao.K.N., learned counsel submits that the plaintiff has no objection to return all the original and
certified copies of the documents produced by her before the Trial Court to any of the defendants.
The oral submission made by the respective counsel about the return of documents is placed on record.
The Trial Court is directed to return all the original and certified copies of documents produced by the plaintiff to any of the defendants, if any application is filed by the defendants.
Registry is directed to transmit the records to the Trial Court.
The Registry concerned is hereby directed to refund the Court Fee in view of the settlement arrived between the parties, as per the Karnataka Court Fee and Suit Valuation Act.
Sd/JUDGE
TKN List No.: 1 Sl No.: 73
2 issues framed by the court
Whether a regular second appeal filed under Section 100 CPC should be disposed of on compromise under Order 23 Rule 3
Whether leave of the High Court is required to dispose of the appeal in terms of compromise
3 provisions across 3 enactments
Sri. Ganga Hanumaiah
Smt. Hanumakka
Smt. Vijayalakshmi
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
