Regular First Appeal by a partition suit appealant was disposed of on acceptance of a filed compromise petition, directing modification of the decree.
The appeal was disposed of; the decree was modified according to the compromise petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:37800 RFA No. 751 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.751 OF 2019 (PAR)
BETWEEN:
…APPELLANT
(BY SRI SANJEEV B L, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
R/AT SOMANAHALLI VILLAGE, K.R.NAGAR TALUK, MYSORE DISTRICT-571 602
NC: 2024:KHC:37800 RFA No. 751 of 2019
AGED ABOUT 36 YEARS
RESPONDENTS 1 AND 3 TO 5 ARE RESIDING AT MUGUR VILLAGE, T.NARASIPURA TALUK MYSORE DISTRICT-571 110
…RESPONDENTS
(BY SRI SHIVANANDA.D.S, ADVOCATE FOR R1 AND R3 TO R5; R2 SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.02.2019 PASSED IN O.S.No.48/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., T.NARASIPURA DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Compromise petition is filed by the parties. Respective counsels submit that as per the instructions of the parties, compromise petition has been filed. Due to the old age, parties could not appear before the Court and they have appeared through Video Conferencing. Since the parties unequivocally agreed that the matter can be disposed of by accepting the compromise petition.
NC: 2024:KHC:37800 RFA No. 751 of 2019
Accordingly, the following:
ORDER
Appeal stands disposed of in terms of the compromise petition.
Office is directed to pass modify decree in terms of the compromise petition appending the copy of the compromise petition as part of the decree.
Sd/(V SRISHANANDA) JUDGE
MR
List No.: 1 Sl No.: 25
SMT LALITHAMMA D/O S.S.BASAVANNA
SRI S S BASAVANNA S/O LATE SIDDAPPA
SMT RAJAMMA D/O S S BASAVANNA
SRI SIDDALINGA S/O S S BASAVANNA
SRI CHANDRA S/O S S BASAVANNA
SRI SHIVA S/O S S BASAVANNA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
