The High Court of Karnataka disposed of a regular first appeal as having become infructuous, accepting the submission that the underlying disputes were settled via a compromise in the final decree proceedings before the trial court.
The appeal is disposed off as having become infructuous.
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NC: 2024:KHC:7033-DB RFA No. 75 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 75 OF 2021 (PAR)
BETWEEN:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…APPELLANTS
AND:
SRI.N.B.JAYAKUMAR, AGED ABOUT 75 YEARS, S/O LATE N.K.BHARATHRAJ SETTY, RESIDING AT NO.266/1, "BHARATH MAHAL",
MIDDLE SCHOOL ROAD, V.V.PURAM, BANGALORE - 560 004.
…RESPONDENT
(BY SRI. SRINIVAS P. DHONDALE, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE ORDER DATED 23.10.2020 PASSED ON I.A.4 IN O.S.NO.5910/2016 ON THE FILE OF THE VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND C/C XXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU ALLOWING THE I.A.NO.4 FILED UNDER ORDER XII RULE 6 OF THE CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the Appellant submits that the parties have negotiated a settlement and it is reported in the FDP Court and therefore, the Appeal may be disposed off as having become infructuous.
" 1. The Appellants in the above case respectfully submit that the first respondent has filed Final Decree Proceedings in F.D.P No.27/2021 before the Court of XXII Additional City Civil and Sessions Judge, Bengaluru, against Appellants and seeking
drawing of the Final Decree as per the Judgment and Decree dated 23-10-2020 passed I O.S.5910/2016 by the Court of the XXII Additional City Civil and Sessions Judge, Bengaluru (CCH-7).
2. The Parties have settled the disputes between them and have filed Compromise Petition in FDP No.27/2021 on 08-07-2023 and the Trial Court has recorded the said Compromise and disposed off the case and ordered to draw final decree as per the compromise Petition. The said Compromise Petition and Order dated 08-07-2023 passed in FDP No.27/2021 are produced herewith.
3. In view of the above Compromise recorded in FDP No.27/2021, the above Appeal may kindly be disposed off as having become infructuous in the interest of justice.”
In view of the above, the Appeal is disposed off as having
become infructuous in terms of the subject Memo.
All pending applications pale into insignificance.
Registry to send a copy of this judgment to the concerned
Trial Judge, forthwith.
Sd/JUDGE
Sd/JUDGE
MEG
List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the regular first appeal should be disposed off as infructuous due to a compromise settlement in the final decree proceedings.
2 provisions across 1 enactments
SRI.N.B.SURYANARAYANA
SMT.N.K.RAJESHWARI
SRI.N.B.JAYAKUMAR
KRISHNA S DIXIT
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
