Regular first appeal against a decree for permanent injunction was settled by a joint compromise under Order XXIII Rule 3 CPC; the appellant received Rs.5 lakhs and forgone rights over the suit schedule property.
Appeal disposed of per compromise: appellant received Rs.5 lakhs, forgone suit property rights, to execute Confirmation Deed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 718 OF 2020 (INJ)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
SMT. BHAGYA W/O R BALEGOWDA, AGED ABOUT 51 YEARS, R/O NO.26, SRIRANGA NILAYA, JALADARSHINI LAYOUT, 3RD MAIN, RMV 2ND STAGE, BENGALURU-560094 WRONGLY REFERRED AS SMT BHAGYAMMA C/O SRI ANNAPURANA ESHWARI ENTERPRISES, AKHILA KARNATAKA DR SUBHASH BHARANI ABHIMANIGALA SANGHA, REG NO.61/2, IST FLOOR, 8TH MAIN 18TH CROSS, MALLESHWARAM, BENGALURU-560055 …APPELLANT (BY SRI. B RAMESH.,ADVOCATE)
AND:
- 2 - NC: 2024:KHC:43554 RFA No. 718 of 2020
C/O SRI ANNAPURNA ESHWARI ENTERPRISES, AKHILA KARNATAKA DR SUBHASH BHARANI ABHIMANIGALA SANGHA REG NO.61/2, IST FLOOR, 8TH MAIN, 18TH CROSS, MELLESHWARAM BENGALURU-560055
…RESPONDENTS
(BY SRI.M MANJUNATH, ADVOCATE FOR R1 NOTICE TO R2 IS DELETED V/O DTD 27.8.2024)
THIS RFA IS FILED UNDER SEC. 96 R.W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.02.2020 PASSED IN OS.NO.4770/2006 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office to delete the name of Sri Vinod Prasad, learned counsel for respondent No.1 as Sri M.Manjunath, learned counsel appears for respondent No.1.
NC: 2024:KHC:43554 RFA No. 718 of 2020
2 lakhs by way of cheque bearing No.484986 dated 02.04.2024 and 3 lakhs by way of cheque bearing No.484987 dated 30.04.2024 both cheques drawn on State Bank of India, Chikkabanavara Branch, Bengaluru titally `5 lakhs. The same is said to have been received by the appellant and forgo the right over the suit schedule property to the 1st respondent/plaintiff and the appellant shall executeNC: 2024:KHC:43554 RFA No. 718 of 2020
the Confirmation Deed before the Sub Registrar. The same is accepted and the matter is compromised as per compromise agreed into between the parties dated 14.08.2024 in accordance with law. Hence, I.A.1/2024 filed for compromise of the matter is allowed. The appeal is disposed of in terms of
compromise.
Draw Decree accordingly.
SD/(K.NATARAJAN) JUDGE
BS
1 issue framed by the court
Should the appeal be disposed of in terms of the joint compromise application filed under Order XXIII Rule 3 CPC?
2 provisions across 1 enactments
Smt. Bhagya w/o R Balegowda
Smt. J P Nazarath
Sri Purushothama K
K.Natarajan
As recorded by the court registry
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