Disposed

Smt. Thimmakka v. Sri. Girish

Karnataka HC13 Sept 2024RSA/321/2023

Case brief

AI extract

What is this about?

Regular second appeal over a property dispute was disposed of on the basis of a joint compromise petition; the court verified the settlement was voluntary and set aside the appellate judgment and decree confirming the trial court decree.

What did the court decide?

Appeal disposed of per joint compromise petition; prior judgments/decree set aside and decree to be drawn per settlement with sketch as part of decree.

Smt. Thimmakka Vs Sri. Girish — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:37816 RSA No. 321 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 321 OF 2023 (DEC/INJ)

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BETWEEN:

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SMT. THIMMAKKA W/O LATE CHENNAIAH AGED ABOUT 81 YEARS

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SRI. MAGADI RANGAIAH S/O LATE CHENNAIAH AGED ABOUT 67 YEARS

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SRI. MUDDARANGAIAH S/O LATE CHENNAIAH AGED ABOUT 64 YEARS

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SRI. GANGARANGAIAH S/O LATE CHENNAIAH AGED ABOUT 57 YEARS

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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SMT. RANGAMMA W/O LATE NARAYANAPPA D/O LATE CHENNAIAH AGED ABOUT 55 YEARS

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ALL ARE RESIDING AT BELAGUMBA VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT-562 120.

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…APPELLANTS

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(BY SRI. T. SESHAGIRI RAO, ADVOCATE)

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NC: 2024:KHC:37816 RSA No. 321 of 2023

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AND:

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SRI. GIRISH S/O SRI. K. SRINIVASAMURTHY AGED ABOUT 44 YEARS R/AT NO 236, 9TH CROSS 1ST N BLOCK, RAJAJINAGAR BENGALURU-560 010.

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…RESPONDENT

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(BY SRI. B.V. VIDYULATHA, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.09.2022 PASSED IN RA.No.32/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.04.2019 PASSED IN OS.No.403/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI.

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

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL JUDGMENT

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A joint compromise petition is filed indicating that parties to the appeal have amicably settled the matter and the dispute is given a quietus.

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3 - NC: 2024:KHC:37816 RSA No. 321 of 2023

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The counsel on record have played an effective

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role in assisting their respective clients in arriving at a settlement. The efforts made by the learned counsel on record is appreciated.

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The terms of compromise are explained to the

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parties by their respective counsel. On query, the appellants and the sole respondent have made a statement that they have signed the joint compromise petition after being explained by their respective counsel. They have also stated that no coercion or undue influence was exercised on them and that they have voluntarily given a quietus to the dispute.

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Perused the joint compromise petition. The

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same appears to be lawful. The parties to the appeal are entitled to record compromise. Hence, the compromise petition is admitted on record.

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For the reasons stated supra, this Court proceeds to pass the following:

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NC: 2024:KHC:37816 RSA No. 321 of 2023

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ORDER

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(i) The regular second appeal stands disposed of in terms of the joint compromise petition.

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(ii) Consequently, the judgment and decree dated 22.9.2022 passed in R.A.No.32/2019 by the Additional Senior Civil Judge and JMFC, at Magadi, confirming the judgment and decree dated 25.4.2019 passed in O.S.No.403/2013 by the Addl. Civil Judge and JMFC, at Magadi, is hereby set aside.

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(iii) Office to draw the decree in terms of settlement indicated in joint compromise petition.

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(iv) In the light of the settlement, all pending applications are disposed of.

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(v) The Registry shall ensure that while supplying the certified copies of the decree, coloured copy of the map is also furnished and the sketch shall be treated as the part and parcel of the decree.

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SD/- (SACHIN SHANKAR MAGADUM) JUDGE

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ALB, List No.: 1 Sl No.: 420.

Smt. Thimmakka v. Sri. Girish

Case brief

What is this about?

What did the court decide?

Smt. Thimmakka v. Sri. Girish

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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