First appeal against a decree for declaration, mandatory injunction and possession was disposed of by recording a compromise between parties under Order XXIII Rule 3 CPC.
Appeal disposed of in terms of compromise petition; modified decree to be passed.
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 21ST DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1022 OF 2015 (DEC/INJ)
BETWEEN:
1(A). SRI. R. NANJEGOWDA, S/ LATE RAMU @ N. RAMAIAH, AGED ABOUT 58 YEARS, R/AT 107, MODI ROAD, D.J. HALLI, BENGALURU NORTH, ARABIC COLLEGE, BENGALURU - 560 045.
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
BENGALURU - 560 032.
1(D). SRI. PRAKASH R, S/O LATE RAMU @ N. RAMAIAH, AGED ABOUT 42 YEARS, R/AT OLD NO. 20, NEW NO. 22, VINAYAKAPRIYA NILAYA, KUMARA LAYOUT, OPP. TO AMC, MAIN GATE, SHAMPUR MAIN ROAD, BENGALURU NORTH, R.T. NAGAR, BENGALURU - 560 032.
1(F). SRI. ANIL RAJ R, S/O LATE RAJA R, AGED ABOUT 22 YEARS.
APPELLANTS NO.1(E) AND 1(F) ARE R/AT OLD NO. 15, SHREE NILAYA, KUMARA LAYOUT, OPP. TO AMC, MAIN GATE, SHAMPUR MAIN ROAD, BENGALURU NORTH, R.T. NAGAR, BENGALURU - 560 032.
S/O LATE MANJU @ A. MANJUNATH, AGED ABOUT 19 YEARS.
APPELLANTS NO.2(A) AND 2(B) ARE R/AT NO.35, MODI ROAD, D.J. HALLI, BENGALURU - 560 045.
APPELLANTS NO.3 AND 4 ARE R/AT NO.35, MODI ROAD, D.J. HALLI, BANGALORE - 560 045.
…APPELLANTS
(BY SRI. RAGHAVENDRA V, ADVOCATE FOR LRS OF A1, A2, A3 AND A4)
AND:
NC: 2024:KHC:39212 RFA No. 1022 of 2015
1(E). ARSHAD HUSSAIN, S/O LATE SAFDAR HUSSAIN, AGED ABOUT 46 YEARS.
ALL ARE R/AT NO.36, MODI MAIN RAOD, D.J. HALLI, BANGALORE NORTH, ARABIC COLLEGE, BANGALORE - 560 045.
…RESPONDENTS
(BY SRI. V.K. NARAYANA SWAMY, ADVOCATE AND SMT. K. PUSHPALATHA, ADVOCATE FOR LRS OF 1(A) TO 1(E))
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN O.S.NO.8297/2004 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE BENGALURU. DECREEING THE SUIT FOR DECLARATION, MANDATORY INJUNCTION AND POSSESSION.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:39212 RFA No. 1022 of 2015
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Appellant Nos.1(b) to 1(f), 2(a) and 2(b), 3 and 4 are present. Respondent Nos.1(a) to 1(e) is present.
NC: 2024:KHC:39212 RFA No. 1022 of 2015
ORDER
Ordered accordingly.
Sd/(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 45 CT: BHK
2 provisions across 1 enactments
R. Nanjegowda & Ors
Zeenathunnisa & Ors
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
