Disposed

Preethi Jayanth v. Chamaiah

Karnataka HC23 Sept 2024RSA/1607/2009

Case brief

AI extract

What is this about?

Second appeal over title to suit schedule property was settled by a compromise petition filed by the power of attorney holders of the parties, under which respondent No.3 withdrew his claim and acknowledged the appellant's absolute ownership. The High Court accepted the compromise and disposed of the appeal accordingly.

What did the court decide?

Appeal disposed of in terms of compromise; decree to be drawn accordingly; appellant declared absolute owner entitled to peaceful enjoyment.

Preethi Jayanth Vs Chamaiah — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:39457 RSA No. 1607 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 1607 OF 2009 (INJ)

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BETWEEN:

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PREETHI JAYANTH D/O JAYANTH LAXMAN AGE MAJOR R/AT ANNARAYAPURA, BILLIKERI HOBLI HUNSUR TQ, MYSORE DISTRICT - 570 000 REP. BY HER GPA SRI JAYANTH LAXMAN, S/O K LAKSHMAN AGED ABOUT 57 YEARS, R/AT ANNARAYAPURA, BILIKERI HOBLI, HUNSUR TQ MYSORE DIST - 570 111

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Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA

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(BY SRI. SUMANTH M.S., ADVOCATE FOP SRI. MANMOHAN P N., ADVOCATE)

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AND:

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CHAMAIAH S/O KEMPE GOWDA SINCE DEAD

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……APPELLANT

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SMT CHENNAMMA W/O CHAMAIAH SINCE DEAD

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ARKESHA S/O LATE CHAMAIAH AGED ABOUT 38 YEARS.

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NC: 2024:KHC:39457 RSA No. 1607 of 2009

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R/AT ASWAL VILLAGE, BELIKERI HOBLI, HUNSUR TALUK, MYSORE DISTRICT - 570 111

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…RESPONDENTS

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(BY SRI. B S NAGARAJ, ADVOCATE)

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THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.3.2009, PASSED IN R.A.NO.20/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., HUNSUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.7.2001 PASSED IN O.S.113/1997 ON THE FILE OF THE CIVIL JUDGE (JR.DN) HUNSUR.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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JUDGMENT

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The power of attorney holder of the appellant and

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respondent No.3 are present before this Court. They are identified by their respective counsel. They have filed memorandum of compromise petition. The terms of the compromise petition reads as under:

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a) The respondent No.3 with the intervention of family, friends, and well-wishers has come to the realization that the schedule property he had been claiming does not belong to him and

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NC: 2024:KHC:39457 RSA No. 1607 of 2009

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on the contrary absolutely belongs to the appellant herein. Due to some misunderstanding, the 3^rd respondent had been making a claim in respect of the said property. However, after realizing his mistake the 3^rd respondent hereby withdraws his claims with respect to the schedule property.

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b) The respondent No.3 declares that the appellant is the absolute owner of the property in peaceful possession and enjoyment of the suit schedule property and declares that the respondent No.3 has no interest over the schedule property and that he will not interfere with the peaceful possession and enjoyment of the schedule property by the appellant.

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c) The appellants shall be entitled to peacefully enjoy the schedule property and shall be entitled to deal with it as the absolute owner thereof.

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d) The parties confirm that all disputes between the appellant and respondents are fully and finally resolved. The respondent No.3 shall not have any claim whatsoever against the appellant and the schedule property.

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e) The parties have entered into this compromise petition voluntarily out of their own free will and

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4 - NC: 2024:KHC:39457 RSA No. 1607 of 2009

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without any force, coercion or influence of any person.

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f) The parties have mutually agreed that the 3^rd respondent, legal heirs or representatives or anyone claiming through or under them shall have no claim over the property.

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g) The 3^rd respondent has agreed to execute any document as may be required by the appellant inter alia confirming the right, title and interest of the appellant in respect of the property.

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h) The 3^rd respondent submits that he has no objections for allowing of REV.RVN-47/2011 was filed by the appellant before the Karnataka Appellate Tribunal at Bengaluru.

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i) That the appellants and the respondents undertake and declare that they have no other claims of whatsoever nature on any account against each other and shall abide by the terms of this Compromise Petition/Decree and further agree not to make any claims.

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2. The contents of the compromise petition is read

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over to them in the language known to them. They have

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NC: 2024:KHC:39457 RSA No. 1607 of 2009

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understood and accepted the terms and conditions of the

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compromise petition.

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The compromise petition is accepted.

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Accordingly, the appeal is disposed of in terms of

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the compromise. Draw decree in terms of the compromise.

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Sd/(ASHOK S. KINAGI) JUDGE

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SSB

Preethi Jayanth v. Chamaiah

Case brief

What is this about?

What did the court decide?

Preethi Jayanth v. Chamaiah

Case brief

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