Disposed

Smt. Shivarudramma v. Sri. v S. Guruprasad

Karnataka HC24 Oct 2024RFA/1006/2023

Case brief

AI extract

What is this about?

A regular first appeal over a suit schedule property was settled by a compromise petition in which the respondent acknowledged the appellants' absolute ownership, rights and possession. The court accepted the compromise, disposed of the appeal accordingly, set aside the trial judgment and decree, and ordered refund of court fee to appellant No.1.

What did the court decide?

Appeal disposed of per compromise; trial judgment and decree set aside; court fee refund to appellant No.1.

Smt. Shivarudramma Vs Sri. v. S. Guruprasad — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:42856-DB RFA No. 1006 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF OCTOBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO. 1006 OF 2023 (DEC/INJ)

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BETWEEN:

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SMT. SHIVARUDRAMMA W/O.LATE.Y.B.NAGAIAH AGED ABOUT 64 YEARS

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KUM.Y.N.MANORAMA D/O.LATE.Y.B.NAGAIAH AGED ABOUT 34 YEARS

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KUM.NAGAVENI.N. D/O.LATE.Y.B.NAGAIAH AGED ABOUT 30 YEARS

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Digitally signed by SUMATHY KANNAN ALL ARE R/AT HOUSE NO.173 Location: SITE NO.3, PIPELINE ROAD High Court of SUNAKADAKATTE, HOYSAALNAGAR Karnataka SHRIGANDADAKAVAL VISHWANEEDAM POST BENGALURU-560 091.

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…APPELLANTS

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(BY SRI. HARSHA KUMAR GOWDA H R - ADVOCATE)

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AND:

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SRI. V. S. GURUPRASAD S/O.H.S.POOJARI AGED ABOUT 45 YEARS RESIDING AT NO.193/C 4^TH MAIN, 5^TH CROSS J.P. NAGAR 4^TH PHASE

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2 - NC: 2024:KHC:42856-DB RFA No. 1006 of 2023

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DOLLARS COLONY BENGALURU-560078.

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…RESPONDENT

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(BY SRI. SHIVAKUMARAPPA T C - ADVOCATE)

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THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN OS NO.2873/2018 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY.

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THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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HON'BLE MR JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This appeal is directed against the judgment and

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decree rendered by the Court below in O.S.No.2873/2018 dated 31.01.2023.

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Learned counsel for the parties have filed compromise petition under Order 23 Rule 3 read with Section 151 of CPC and the same reads as under:

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It is respectfully submit that, the appellants herein are filed the above appeal by seeking a relief of set aside the judgment and decree passed in

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3 - NC: 2024:KHC:42856-DB RFA No. 1006 of 2023

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OS.No.2873/2018 and other reliefs in against the respondent in respect of the suit schedule property.

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2. The appellants and the respondent herein on the intervention of well wishers, friends and relatives, have amicable settled their disputes and differences and arrived at a following terms of this compromise.

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3. The respondent herein has agreed that, the appellants are the absolute owners by having all rights, interest, physical possession in respect of the schedule property.

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4. The respondent herein have agreed that, the appellants are entitle to use and enjoy as absolute owners by having all rights, title and interest, physical possession of the schedule property and the appellants shall exercising their rightful ownership can also deal with the same in the like manner in respect of schedule property as absolute owners and also they are liberty to deal with the schedule property in accordance with law as prescribed.

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5. It is submitted that, the respondent herein has undertaken before this Hon’ble court, they will never disturb the peaceful physical possession and enjoyment of the schedule property of the appellants in any manner.

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4 - NC: 2024:KHC:42856-DB RFA No. 1006 of 2023

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6. It is submitted that, the parties to appeal prays that, this Hon’ble court may be pleased to order to refund the court fee in favor of the appellant No.1.

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7.In view of the above facts, the suit may be decreed by drawing a decree by entering the above mentioned compromise terms

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Wherefore, it is prayed that, this Hon’ble court be pleased to record/accept the compromise petition and decreed the suit by drawing a decree as settled between parties in pursuance of the same in the interest of justice and equity.

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Appellants namely Smt.Shivarudramma,

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Kum.Y.N.Manorama and Kum.Nagaveni N and respondent namely Sri V.S.Guruprasad are present before the Court physically. Both the parties have arrived at settlement of the issues in this appeal by filing the compromise petition and the terms stated therein. The compromise petition is taken on record. Consequently, the appeal is disposed of in terms of the compromise petition. The judgment and

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NC: 2024:KHC:42856-DB RFA No. 1006 of 2023

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decree rendered by the Court below in O.S.No.2873/2018

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dated 31.01.2023 is set-aside.

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In view of settlement of issues between the parties in terms of the compromise petition, the Court fee is ordered

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to be refunded to Appellant No.1 on due identification.

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Sd/-

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(K.SOMASHEKAR) JUDGE

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Sd/(RAJESH RAI K) JUDGE

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DKB

Smt. Shivarudramma v. Sri. v S. Guruprasad

Case brief

What is this about?

What did the court decide?

Smt. Shivarudramma v. Sri. v S. Guruprasad

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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