Second appeal arising from a partition suit was disposed of in terms of a compromise petition under Order 23 Rule 3 CPC, whereby the parties allotted their respective shares in schedule 'A' to 'I' properties; the Registry was directed to draw the decree accordingly.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1046 OF 2020 (PAR)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
ALL ARE CHILDREN OF LATE MADANA MOOLYA, ALL ARE RESIDING AT PUDIKELAYYA, KODI HOUSE, KALLIGE POST AND VILLAGE.
…APPELLANTS
(BY SRI KARUNAKARA P., ADVOCATE)
AND:
ALL ARE CHILDREN OF LATE HONNAMMA, ALL ARE R/AT PERIYADI BEEDU HOUSE, KALIGE POST AND VILLAGE, BANTWAL TALUK-574 219.
SMT. PADMAVATHI, SINCE DEAD BY LRS. I.E. RESPONDENTS NO.3 TO 5.
(AMENDED VIDE COURT ORDER DATED 10.06.2024)
AMENDED VIDE COURT ORDER DATED 10.06.2024)
NC: 2024:KHC:20202 RSA No. 1046 of 2020
RESPONDENTS NO.3 TO 6 ARE CHILDREN OF LATE HOOVAYYA MOOLYA, ALL ARE RESIDING AT PUDIKELAYYA, KODI HOUSE, KALLIGE POST AND VILLAGE-574 219.
…RESPONDENTS
(BY SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R1(a to f) AND R3 TO R5; R3 TO R5 ARE LRS OF R2 AND R6, VIDE COURT ORDER DATED 10.06.2024)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.03.2020 PASSED IN R.A.NO.1/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL D.K. PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.12.2016 PASSED IN O.S.NO.126/2007 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL, MANGALORE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The appellant Nos.1 to 3 have executed the power of attorney in favour of appellant No.4 and produced the general power of attorney before the Court.
NC: 2024:KHC:20202 RSA No. 1046 of 2020
them are represented through power of attorney holder, who had signed the vakalath on behalf of respondent Nos.3 and 4.
terms of the compromise.
Sd/JUDGE
MD List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the second appeal could be disposed of in terms of the compromise petition filed under Order 23 Rule 3 CPC.
2 provisions across 1 enactments
Sri Lingappa Bangera
Smt. Janaki
Sri Jarappa Moolya
Sri Honnayya
Smt. Honnamma
Mr. Vasantha S. Moolya
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
