Disposed

Smt Tara Bhojegowda W/O Lt Sri B D Bhojegowda v. Smt Shreelatha Vaidyanathan

Karnataka HC11 Mar 2024RFA/1189/2009

Case brief

AI extract

What is this about?

Appeal against a partition decree settled by compromise; court verified parties' free volition, found terms lawful, modified trial decree and disposed of appeal per compromise petition.

What did the court decide?

Appeal disposed of in terms of Compromise Petition; decree to be drawn in terms thereof modifying the trial court's judgment and decree.

Smt Tara Bhojegowda W/O Lt Sri B D Bhojegowda Vs Smt Shreelatha… — Partition | Karnataka HC (2024)

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NC: 2024:KHC:9866 RFA No. 1189 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO.1189 OF 2009 (PAR)

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BETWEEN:

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SMT. TARA BHOJEGOWDA W/O LATE SRI.B.D.BHOJEGOWDA, AGED ABOUT 68 YEARS, VIJAYAPURA EXTENTION, CHICKMAGALUR-577 101. DULY REPRESENTED BY POWER OF ATTORNEY HOLDER SRI. NITIN BAGAMANE, AGED 45 YEARS, S/O LATE SRI. B.D.BHOJEGOWDA.

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…APPELLANT

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(BY SRI. A.RAVISHANKAR., ADVOCATE FOR)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SMT. SHREELATHA VAIDYANATHAN, AGED 61 YEARS, HILDBURGHAUSER, STR 215 A, 12209, BERLIN GERMANY.

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SMT. RATNA KEMPANNA W/O KEMPANNA, AGED 64 YEARS, NO.401, 1, 'N' BLOCK, 19^TH MAIN, RAJAJINAGAR, BANGALORE-560 010.

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SMT. RAJAMMA NARENDRANATH W/O NARENDRANATH AGED 62 YEARS, KALAVAS, VIJAYAPURA EXTENSION, CHICKMAGALUR-577 101.

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2 - NC: 2024:KHC:9866 RFA No. 1189 of 2009

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SMT. JAYA SHIVARAM W/O SHIVARAM, AGED ABOUT 60 YEARS, NO.5, I CROSS ROAD, BEHIND INDIAN GAS OFFICE, SHESHADRIPURAM, BANGALORE-560 020.

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SMT. ANITA ASHOK W/O ASHOK, AGED 56 YEARS, NO.296/801, 8^TH CROSS, SHASTINAGAR, BANGALORE - 560 028.

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SRI. K.V.SUDHIR S/O LATE SRI. VENKATARAMANAGOWDA, AGED 58 YEARS, DARBE, DARBE POST, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT.

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SMT. SINDURA.S. AGED ABOUT 56 YEARS, D/O LATE SHIVAYOGI GOWDA, R/AT NO.153, "SRISHTI", 2^ND MAIN, 6^TH CROSS, VIJAYANAGARA, 1^ST STAGE, MYSORE-570 017.

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SRI. SACHIN.S S/O LATE SHIVAYOGI GOWDA, AGED ABOUT 53 YEARS, R/AT 7/478, 4^TH CROSS, KOLLEGALA TOWN, SOUTHERN EXTENSION, CHAMARAJANAGARA DISTRICT-571 440.

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…RESPONDENTS

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(BY SRI. M.C.RAVIKUMAR., ADVOCATE FOR R1 TO R8; CAUSE-TITLE AMENDED V/O DATED: 11.03.2024)

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NC: 2024:KHC:9866 RFA No. 1189 of 2009

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, SEEKING CERTAIN RELIEFS.

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THIS REGULAR FIRST APPEAL IS COMING ON FOR HEARING-INTERLOCUTARY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.A.Ravishankar., learned counsel for the appellant and Sri.M.C.Ravikumar., learned counsel for the respondents have appeared in person.

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This appeal is filed by the sixth defendant challenging the judgment and decree dated:14.09.2009 passed by the Court of I Addl. City Civil and Sessions Judge, Bengaluru City (CCH-II) in O.S.No.4800/2001.

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Learned counsel for the respective parties submits

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that the parties have arrived at a settlement and a Memorandum of Compromise Petition has been filed Under Order XXIII Rule 3 R/w Section 151 of CPC and that the appeal may be disposed off in terms of the compromise arrived at between the parties.

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Sri.Nitin Bagamane - Power of Attorney holder of appellant Smt.Tara Bhojegowda., is physically present before

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4 - NC: 2024:KHC:9866 RFA No. 1189 of 2009

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the Court and he has been duly identified by learned counsel Sri.A.Ravishankar.

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Smt.S.Sindhura - respondent No.7 for herself and as Attorney holder of respondents 1 to 6, and Sri.Sachin.S - respondent No.8 are physically present before the Court and they have been duly identified by learned counsel Sri.M.C.Ravikumar.

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

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they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side.

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Counsel for the appellant and the respondents jointly submits that the Compromise Petition may be taken on record and the appeal may be disposed of in terms of the Compromise Petition .

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The oral submission made by learned counsel for the respective parties is placed on record.

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NC: 2024:KHC:9866 RFA No. 1189 of 2009

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The Compromise Petition is taken on record. Perused the same with utmost care.

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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:14.09.2009 passed by the Court of I Addl. City Civil and Sessions Judge, Bengaluru City (CCH-II) in O.S.No.4800/2001 is modified in terms of the Compromise Petition.

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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 decree in terms of the Compromise Petition.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 20

Smt Tara Bhojegowda W/O Lt Sri B D Bhojegowda v. Smt Shreelatha Vaidyanathan

Case brief

What is this about?

What did the court decide?

Smt Tara Bhojegowda W/O Lt Sri B D Bhojegowda v. Smt Shreelatha Vaidyanathan

Case brief

What is this about?

What did the court decide?

What the court decided

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