Quashed

Sri N Subramani v. Sri N Narasimha Murthy

Karnataka HC30 Oct 2024RFA/1897/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a Regular First Appeal relying on a compromise petition filed under Order XXIII Rule 3 CPC, whereby the appellant agreed to pay respondents specific sums and vacate property, leading to the setting aside of the trial court's judgment.

What did the court decide?

Set aside of the judgment and decree dated 22.03.2021 in O.S. No. 6769/2016 and dismissal of the suit.

Sri N Subramani Vs Sri N Narasimha Murthy — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^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 REGULAR FIRST APPEAL NO. 1897 OF 2021 (PAR/POS)

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BETWEEN:

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SRI. N SUBRAMANI S/O LATE NARASIMHAIAH AGE: 63 YEARS NO.9, 3^RD CROSS 3^RD MAIN ROAD HANUMAGIRINAGAR CHIKKALLASANDRA BENGALURU 560 061.

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…APPELLANT

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(BY SRI. ACHARYA GURURAJA GOPAL - ADVOCATE)

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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AND:

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SRI N NARASIMHA MURTHY S/O LATE NARASIMHAIAH AGED ABOUT 65 YEARS NO.9, 3^RD CROSS 3^RD MAIN ROAD HANUMAGIRI NAGAR CHIKKALLASANDRA BENGALURU 560 061.

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SMT. PADMAVATHI W/O HEMARAJU D/O LATE NARSIMHAIAH AGED ABOUT 59 YEARS R/O NO.5 SAMPANGIRAMAIAH LAYOUT SIDDEHALLI, BENGALURU 560 073.

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2 - NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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SRI. SRINIVASA S/O LATE NARASIMHAIAH AGED ABOUT 56 YEARS

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SMT. MAHALAKSHMI W/O LUMASHANKAR D/O LATE NARASIMHAIAH AGED 57 YEARS

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SMT. NANDINI D/O LATE GOWARI NAD GANGADHAR AGED ABOUT 27 YEARS

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RESPONDENTS NO.3 TO 5 ARE R/AT NO.9, 3^RD CROSS 3^RD MAIN, HANUMAGIRINAGAR CHIKKALLASANDRA BENGALURU 560 061.

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…RESPONDENTS

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(BY SRI. VIJAYA KUMAR K – ADVOCATE FOR RESPONDENT NO.1; SMT. SHEELA MARY Y – ADVOCATE FOR RESPONDENTS NO.2 TO 5)

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THIS RFA FILED UNDER SECTION 96 R/W ORDER 41 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.03.2021 PASSED IN OS No.6769/2016 ON THE FILE OF THE VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND CONSEQUENTLY DISMISS THE SUIT.

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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 AND

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HON'BLE MR JUSTICE RAJESH RAI K

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3 - NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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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 decree rendered by the Trial Court in O.S.No.6769/2016 dated 22.03.2021 relating to the properties depicted therein.

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Learned counsel Shri Acharya Gururaja Gopal and so also the learned counsel Shri Vijaya Kumar K for Respondent No.1 and so also the learned counsel Smt. Sheela Mary Y for Respondent Nos.2 to 5 are present.

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In this appeal, learned counsel for the parties have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of the CPC, which reads thus:

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“The Appellant/ 1st Defendant and Respondents beg to file the following Compromise Petition.

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The dispute between the parties has been amicably resolved at the intervention of their well wishers and have compromised the above suit on following terms of compromise.

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4 - NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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The Appellant / Defendant No.1 has agreed to pay a sum of Rs.45,00,000/- (Rupees forty five lakhs only) to the Respondents as follows:

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a. A sum of Rs. 15,00,000/- (Rupees fifteen lakhs only) will be paid to Sri. Narasimha Murthy N (plaintiff-1) through D.D No. 628011 SBI Bank, Padmanabhanagar Branch, dated 09-10-2024.

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b. A sum of Rs.5,00,000/- (Rupees five lakhs only) will be paid to Smt. Padmavathi (plaintiff-2) through cheque No.575253 SBI Bank, Padmanabhanagar Branch, dated 21-10-2024.

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c. A sum of Rs. 15,00,000/- (Rupees fifteen lakhs only) will be paid to Sri. Srinivasa.N (Defendant -2) through cheque No.575254, SBI Bank, Padmanabhanagar Branch dated 21.10.2024.

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d. A sum of Rs.5,00,000/- (Rupees five lakhs only) will be paid to Smt. Mahalakshmi alias Yashodha (Defendant No.3) through cheque No.575255, SBI Bank, Padmanabhanagar Branch dated 21-10-2024.

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e. A sum of Rs.5,00,000/- (Rupees five lakhs only) will be paid to Smt. Nandini.G (Defendantd No.4) through cheque No.575256, SBI Bank, Padmanabhanagar Branch dated 21.10.2024.

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It is submitted that the Respondents have accepted/ admitted that the suit schedule property is the self acquired property of the Appellant/ DefendantNo.1 (N. Subramani) and he is the absolute owner and in

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NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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lawful possession of suit schedule property by virtue of Registered Sale deed dated 9-12-2015 as per Ex.P.19.

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The plaintiff/ Respondent No.1 has undertaken to quit, vacate and deliver the vacant possession of the 1st floor of suit schedule property in his occupation to the Appellant (N. Subramani) on or before 25^th October 2024.

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That the parties to the above suit mutually agree that, this Hon'ble court to Set aside the Judgment and decree dated 22-03-2021 passed by the learned VII Additional City Civil Judge Bangalore (CCH-19) in O.S. No. 6769/2016 and consequently dismiss the suit.

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In the event of default of either of the parties to comply with the terms of the compromise agreed herein above, then the other party shall be entitled to enforce his right in execution proceedings and he also shall be entitled to claim damages.

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In pursuance of assurance and undertaking given by the parties to each other, they have voluntarily entered into this compromise petition.

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Wherefore the parties to the above suit jointly pray that, this Hon'ble court be may pleased to Set aside the Judgment and decree dated 22-03-2021 passed by the learned VII Additional City Civil Judge Bangalore (CCH-19) in O.S. No. 6769/2016 and consequently dismiss the suit with no order as to costs in terms of this compromise petition.”

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6 - NC: 2024:KHC:43951-DB RFA No. 1897 of 2021

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The appellant as well as the respondents are present before Court physically and all the parties to the appeal proceedings have agreed to the above stated settlement in respect of the issues that emerged between the parties. They have also subscribed their signatures to the compromise petition. Learned counsel for both the parties pray that this compromise petition be taken on record and the appeal be disposed of in terms of the said compromise entered into among the parties.

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Consequently, this compromise petition is taken on record and the appeal is disposed of in terms of the said compromise petition. As a consequence, the judgment and decree dated 22.03.2021 rendered by the

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Trial Court in O.S.No.6769/2016 is hereby set aside.

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Sd/(K.SOMASHEKAR)

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JUDGE

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Sd/(RAJESH RAI K) JUDGE

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Sri N Subramani v. Sri N Narasimha Murthy

Case brief

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Sri N Subramani v. Sri N Narasimha Murthy

Case brief

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