Dismissed

Sri Nanjundaiah v. Sri Narayanaswamy

Karnataka HC27 Jul 2023WP/535/2023

Case brief

AI extract

What is this about?

This Writ Petition under Article 226 challenged an order dated 14.12.2022. At the preliminary hearing, a joint compromise petition was filed. The court set aside the impugned order and directed the registry to transmit documents to the Trial Court to dispose of the suit per the compromise.

What did the court decide?

The impugned order is set aside; the suit is to be disposed of by the Trial Court in terms of the joint compromise petition.

Sri Nanjundaiah Vs Sri Narayanaswamy — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

NC: 2023:KHC:26197 WP No. 535 of 2023

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 27^TH DAY OF JULY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶7

WRIT PETITION NO. 535 OF 2023 (GM-CPC)

¶8

BETWEEN:

¶9

SRI. NANJUNDAIAH, S/O LATE NANJAIAH, AGED ABOUT 56 YEARS, RESIDING AT OMBATHANAKUNTE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 562 127.

¶10

…PETITIONER

¶11

(BY SRI. M. SREENIVASA., ADVOCATE)

¶12

AND:

¶13

SRI. NARAYANASWAMY, S/O LATE PUTTAMALLAIAH, AGED ABOUT 66 YEARS,

¶14

Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

¶15

SRI. NANJAPPA, S/O LATE PUTTAMMALLAIAH, AGED ABOUT 68 YEARS,

¶16

BOTH ARE R/AT OMBATHANAKUNTE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 562 127.

¶17

…RESPONDENTS

¶18

(BY SRI.NARASIMHARAJU, ADVOCATE)

¶19

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE COURT BELOW WHICH ULTIMATELY RESULTED IN PASSING THE ORDER VIDE ANNEXURE - A DATED 14.12.2022

¶20

¶21

NC: 2023:KHC:26197 WP No. 535 of 2023

¶22

PASSED IN M.A.NO.14/2021, BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT MAGADI AND ETC.,

¶23

THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

ORDER

¶25

A joint memo / compromise petition under Order XXIII

¶26

Rule 3 of the Code of Civil Procedure is filed, which has been duly signed by both parties and their respective counsels to

¶27

identify the parties, who are present before this Court.

¶28

The said compromise petition is enclosed with a

¶29

sketch.

¶30

In view of the above said facts and circumstances, I

¶31

pass the following:

¶32

O R D E R

¶33

(i) The impugned order is hereby set aside, the petition stands disposed of in terms of the joint memo / compromise petition.

¶34

(ii) Registry is directed to transmit the compromise petition along with the sketch to the Trial Court to dispose of the suit.

¶35

(iii) Immediately upon receipt of a copy of this order and the joint compromise petition/memo along

¶36

NC: 2023:KHC:26197 WP No. 535 of 2023

¶37

¶38

with the sketch, the Trial Court is directed to dispose of the suit in terms of the joint memo /

¶39

compromise and draw up a decree accordingly.

¶40

Sd/JUDGE

¶41

GJM List No.: 1 Sl No.: 39

Sri Nanjundaiah v. Sri Narayanaswamy

Case brief

What is this about?

What did the court decide?

Sri Nanjundaiah v. Sri Narayanaswamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Doreyappa Vs Sri.Andanappa

M/S Mujtaba Foundation Vs M/S Brea Foods Pvt. Ltd.

M/S Mujtaba Foundation Vs M/S Renowed Foods

Sri C B Narayanaswamy Vs Sri Patel Gopal Gowda

M/S Golden Gate Properties Limited Vs Housing Development

Smt H M Vijayalatha Vs Smt Basamma