The Court disposed of a regular second appeal where the parties filed a compromise petition. The appellant paid Rs. 12,00,000/- to the respondent, and the Court accepted the compromise, directing a decree to be drawn.
Compromise petition accepted; Second appeal disposed; Decree directed to be drawn in terms of compromise.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 287 OF 2023 (INJ)
BETWEEN:
…APPELLANT
(BY SRI. H.R.ANANTHAKRISHNAMURTHY, ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:27626 RSA No. 287 of 2023
BENGLAURU-560 016.
(DELETED VIDE COURT ORDER DATED 15.07.2024)
…RESPONDENT
(BY SRI DINAKAR N., ADVOCATE FOR R1)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2023 PASSED IN R.A.NO.13/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.01.2021 PASSED IN O.S.NO.811/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.
THIS APPEAL COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
and both the counsel for respective parties are also present before the Court.
NC: 2024:KHC:27626 RSA No. 287 of 2023
India, Rammurthy Nagar Branch, Bengaluru. The respondent No.1 has also executed a deed of confirmation and the same is also placed along with compromise petition. In terms of the compromise, possession is with the appellant as owner and respondent does not have right. The respondent No.1 not claims any interest over the compromise schedule property with respect to site No.37. The respondent No.1 is also present and acknowledges for having received an amount of Rs.12,00,000/- by way of Cheque. The parties have understood terms of the compromise. Hence, the compromise petition is accepted. Accordingly, the second appeal is disposed of.
terms of the compromise with respect to compromise schedule property.
Sd/JUDGE
RHS List No.: 1 Sl No.: 111
1 issue framed by the court
Whether the compromise petition filed under Order 23 Rule 3 CPC was accepted and disposed of the second appeal.
2 provisions across 1 enactments
Smt. C. Sarala W/o Chandrashekar
Smt. Narayanamma W/o Late Guruswamy
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
