Disposed

H Venkatesh S/O Mareppa v. Shri D Nagaraj S/O Mareppa

Karnataka HC12 Sept 2024RFA/100186/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a regular first appeal filed challenging a judgment in an original suit. The Court allowed the parties' settlement and recorded a Memorandum of Compromise. The decree was modified accordingly, the appeal was disposed of, and court fees were refunded.

What did the court decide?

The appeal was disposed of in terms of the Compromise Petition; the decree was modified; court fee was refunded.

H Venkatesh S/O Mareppa Vs Shri D Nagaraj… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC-D:13072 RFA No. 100186 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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REGULAR FIRST APPEAL NO. 100186 OF 2023 (SP)

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BETWEEN:

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H.VENKATESH S/O MAREPPA, AGE. 67 YEARS, OCC: AGRICULTURE, R/O. KUDATHINI, TQ. DIST. BALLARI-583 115. …APPELLANT (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH., ADVOCATES)

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AND:

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SHRI. D.NAGARAJ S/O DARJI MALLAPPA, AGE: 51 YEARS, OCC: AGRICULTURE, Digitally signed by THEJASKUMAR N R/O: DOOR NO.159, Location: HIGH RAMA GIRI MATT, COURT OFKARNATAKA NEAR WATER TANK, WARD NO.3, KUDATHINI, TQ. AND DIST. BALLARI-583 115. (BY SRI. RAJASHEKAR.R.GUNJALLI., ADVOCATE)

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…RESPONDENT

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908.

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THIS REGULAR FIRST APPEAL IS LISTED FOR REPORTING SETTLEMENT, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2024:KHC-D:13072 RFA No. 100186 of 2023

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ORAL ORDER

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Sri.K.L.Patil., counsel for the appellant and Sri.Rajashekar R.Gunjalli., counsel for the respondent have appeared in person.

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This appeal is filed by the plaintiff challenging the Judgment and Decree dated 25.11.2022 passed by the Court of I Addl. Senior Civil Judge, Ballari in O.S.No.99/2021.

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Counsel for the respective parties submits that the parties have arrived at a settlement and a Memorandum of Compromise Petition has been filed under Order 23 Rule 3 R/w Section 151 of CPC. Counsel, therefore, submits that the compromise petition may be recorded and the appeal may be disposed of in terms of the Compromise Petition.

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Sri.H.Venkatesh – the appellant and Sri.D.Nagaraj – the respondent are personally present before the Court and they have been duly identified by their respective counsel.

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When queried, the parties have stated that they have indeed settled the dispute and have arrived at a compromise and that the appeal may be disposed of in terms of the compromise petition. They further state that they have

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3 - NC: 2024:KHC-D:13072 RFA No. 100186 of 2023

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arrived at a settlement on their own free volition without there being any coercion or undue influence from any side. They state that if an order is passed, they shall not seek for recalling the same.

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The oral submission made by the respective parties and the Compromise Petition are placed on record.

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On perusal of the same, this Court finds that the terms of Compromise Petition are lawful and that there is no any legal impediment for accepting the same.

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In the circumstances, the Judgment and Decree dated 25.11.2022 passed by the Court of I Addl. Senior Civil Judge, Ballari in O.S.No.99/2021 is modified in terms of the Compromise Petition.

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In view of settlement, both the parties have no claims of whatsoever nature as against each other.

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Resultantly, the Regular First Appeal is disposed of in terms of the Compromise Petition.

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The registry concerned is hereby directed to draw the decree in terms of the Compromise Petition.

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NC: 2024:KHC-D:13072 RFA No. 100186 of 2023

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The registry concerned is hereby directed to refund the

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Court fee as per Karnataka Court Fee and Suit Valuation Act,

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Sd/(JYOTI MULIMANI) JUDGE

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MRP List No.: 2 Sl No.: 10

H Venkatesh S/O Mareppa v. Shri D Nagaraj S/O Mareppa

Case brief

What is this about?

What did the court decide?

H Venkatesh S/O Mareppa v. Shri D Nagaraj S/O Mareppa

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

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