The court accepted a compromise petition filed under Order XXIII Rule 3 CPC by the parties in a First Appeal against a decree in a partition suit. The appeal was disposed of in terms of the settlement.
Appeal disposed of in terms of compromise; modified decree to be passed; court fee refund; deposit released.
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NC: 2024:KHC:41070 RFA No. 579 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 579 OF 2015 (PAR)
BETWEEN:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. GANAPATHY BHAT, ADVOCATE) AND:
AGED ABOUT 50 YEARS, R/AT NO.100, GROUND FLOOR, BLOCK NO.75, MIG-A PHASE, YELAHANKA NEW TOWN, BANGALORE - 560 064.
…RESPONDENTS
(BY SRI. B.K. CHANDRASHEKAR, ADVOCATE A/W SRI. N. KEMPEGOWDA, ADVOCATE FOR R1 TO R3; SRI. VAMSHI KRISHNA C, ADVOCATE FOR R4)
THIS RFA IS FILED UNDER SECTION 96 AND R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 4.2.2015 PASSED IN O.S.NO.3414/2008 ON THE FILE OF THE XII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION, MESNE PROFITS, PERMANENT INJUNCTION, DECLARATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
A compromise petition under Order XXIII Rule 3 of CPC signed by the parties and their respective Advocates is presented before the Court.
to the parties. As per the settlement, three cheques have been issued as is mentioned in sub para A, B, C of para 7, which has been acknowledged by signing in the order sheet.
depicts true terms of settlement and there is no force or undue influence and coercion in reaching out the terms of the compromise.
to accept the compromise petition and dispose of the appeal in terms of the compromise petition.
Hence, the following:
ORDER
NC: 2024:KHC:41070 RFA No. 579 of 2015
(v) Original documents filed by appellants and
respondent Nos.1 to 3 shall be returned to the respondent No.4 under due identification.
Sd/(V SRISHANANDA)
JUDGE
snc/MR List No.: 2 Sl No.: 5
3 provisions across 1 enactments
SMT. VENKATANARASAMMA
SMT. KAVITHA
SRI. VISWANATH
SRI. MURULI
SMT. SAVITHA
SRI. VENKATESHAPPA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
