Regular Second Appeal filed under Section 100 of the CPC against judgments confirming a compromise decree and dismissing plaintiffs' injunction suit. The High Court found no error in lower courts' appreciation of evidence regarding the compromise and dismissed the appeal.
The appeal is dismissed with no order as to costs.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 86 OF 2020 (INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
S/O LATE NEELAPPA, AGED ABOUT 36 YEARS,
ALL ARE AGRICULTURIST AND R/AT DEVARAHALLI VILLAGE, CHANNAGAGIRI TALUK, DAVANAGERE DISTRICT-577522
…APPELLANTS
(BY SRI V.S. RAVINDRA HOLLA, ADVOCATE [THROUGH V.C])
AND:
AGED ABOUT 76 YEARS, R/A AJJIHALLI VILLAGE, CHANNAGIRI TALUK-577213
S/O LATE HANUMANTHAPPA, AGED ABOUT 53 YEARS,
ALL ARE R/AT AJJIHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577213
…RESPONDENTS
(BY M/S. MYLARAIAH ASSOCIATES, FOR SRI P.M.SIDDAMALLAPPA, SRI P.M.GOPI AND SRI PUNITH C., ADVOCATES FOR R1 TO R5 [ABSENT])
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.09.2019 PASSED IN RA NO.33/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT CHANNAGIRI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.02.2019 PASSED IN OS NO.133/2011 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC., AT CHANNAGIRI.
NC: 2023:KHC:33570 RSA No. 86 of 2020
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter is listed for admission. Heard the learned counsel for the appellants and counsel appearing for the respondents.
NC: 2023:KHC:33570 RSA No. 86 of 2020
granted not to enter the revenue records in the name of the plaintiffs and also taken note of when the specific question was put to the DW1 in the cross examination with regard to the decree of compromise and the possession was put to the plaintiff in terms of the compromise but he was denied that he was not aware of the same. All these factors are considered by the Trial Court in paragraph No.17 and 18.
that the Trial Court has committed an error in not appreciating both oral and documentary evidence available
NC: 2023:KHC:33570 RSA No. 86 of 2020
on record cannot be accepted when there was a compromise between the father of the appellants herein and also the compromise between the respondents herein.
though there was a compromise decree and possession was not delivered and the said submission cannot be considered since both the Courts have given fact finding with regard to the possession is concerned and also taken note of the appellants are coming in the way of enjoyment of the property of the respondents. Hence, I do not find any force in the contention of the counsel for appellants that an execution has to be filed in terms of the compromise and when the parties are entered into a compromise and the same is not a preliminary decree and question of filing any execution petition does not arise as contended by the appellant’s counsel. Hence, no grounds
are made out to admit the appeal and to frame any substantive question of law as contended by the counsel for appellants.
NC: 2023:KHC:33570 RSA No. 86 of 2020
the following:
ORDER
The appeal is dismissed .
Sd/JUDGE
RHS List No.: 1 Sl No.: 100
2 issues framed by the court
Whether the High Court should admit the second appeal against the concurrent finding of lower courts regarding a compromise decree.
Whether the appellate courts erred in concluding there was a valid compromise between the plaintiff (father of appellants) and the respondents.
1 provisions across 1 enactments
SRI RANGASWAMY S/O LATE NEELAPPA
NINGAPPA S/O LATE NEELAPPA
NAGARAJA S/O LATE NEELAPPA
HOSURAPPA S/O LATE NEELAPPA
SMT. CHANDRAMMA W/O LATE NEELAPPA
RANGAPPA S/O LATE HANUMANTHAPPA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
