Allowed

Smt Mahadevamma v. Smt Kempadevamma

Karnataka HC27 Mar 2024RSA/532/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of two Regular Second Appeals (RSAs) arising from a partition suit. The Court recorded an amicable settlement where appellants released their rights in favor of one respondent in exchange for monetary consideration, allowing the compromise petition to be relied upon to close the litigation.

What did the court decide?

RSA No. 532 of 2019 disposed of in terms of the compromise petition; RSA No. 1713 of 2018 dismissed as infructuous. Decree drawn to reflect the sale of property for Rs. 10,00,000 to each appellant.

Smt Mahadevamma Vs Smt Kempadevamma — Partition | Karnataka HC (2024)

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL No. 532 OF 2019 (PAR)

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C/W

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REGULAR SECOND APPEAL No. 1713 OF 2018 (PAR)

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IN RSA No.532/2019:

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BETWEEN:

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SMT. MAHADEVAMMA AGED ABOUT 53 YEARS C/O MAHESHPRASAD HOTEL NEAR BALLAL HOTEL CIRCLE KRISHNAMURTHYPURAM MYSURU

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Digitally signed by SUMA B N Location: High Court of Karnataka

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PRESENTLY HER ADDRESS IS C/O KRISHNA MILK DAIRY 4^TH CROSS 1^ST MAIN No.169/6, BELAVADI VILLAGE BELAVADI POST YELAVALA HOBLI MYSURU TALUK - 570 001.

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SMT. RATHNAMMA AGED ABOUT 46 YEARS D/O LATE THOTADAMADAPPA R/AT UDBUR VILLAGE JAYAPURA HOBLI MYSORE TALUK MYSURU DISTRICT - 570 001.

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SMT. JAGADAMBA D/O LATE GOWRAMMA AND

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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GURUSIDDAPPA AND W/O PARASHIVAMURTHY DEAD BY LRs.

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3(a) PARASHIVAMUTHRY AGED ABOUT 46 YEARS S/O LATE GURUSIDDAPPA.

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3(b) LOKESH AGED ABOUT 22 YEARS S/O PARASHIVAMURTHY.

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3(c) P S PARAMESH AGED ABOUT 20 YEARS S/O PARASHIVAMURTHY.

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ALL ARE RESIDING AT No.209 B M ROAD, PIRIYAPATNA TOWN AND TALUK MYSORE DISTRICT - 571 107.

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…APPELLANTS

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(BY SRI H C SHIVARAMU, ADVOCATE FOR A-1 & A-2 SRI GIRISH B N, ADVOCATE FOR A-3 ( A TO C)

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AND:

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SMT. KEMPADEVAMMA

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AGED ABOUT 83 YEARS W/O LATE THOTADAMADAPPA

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R/AT TALUR VILLAGE, JAYAPURA HOBLI

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MYSURU TALUK MYSURU DISTRICT

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ACTUALLY R/AT TALUR ROAD SREENAGARA COLONY, BELLARY -583 101 BELLARY DISTRICT.

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RAVIKUMAR T M AGED ABOUT 44 YEARS S/O LATE THOTADA MADAPPA R/AT TALUR VILLAGE JAYAPURA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 001.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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SMT. REVAMMA AGED ABOUT 62 YEARS D/O LATE KEMPADEVAMMA W/O POMPANA GOWDA R/AT GENEKEHAL VILLAGE BELLARY TALUK BELLARY DISTRICT - 583 101.

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SMT. NAGAMMA AGED ABOUT 54 YEARS D/O LATE KEMPADEVAMMA W/O MARIGOWDA R/AT TALUR ROAD SREENAGARA COLONY, BELLARY KASABA HOBLI BELLARY DISTRICT - 583 101.

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…RESPONDENTS

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(BY SRI R B SADASIVAPPA, ADVOCATE FOR R1 SRI HARISH KUMAR R S, ADVOCATE FOR R2 & R3 V/O DATED. 31.3.2023, APPELLANTS & OTHER RESPONDENTS ARE THE LR S OF DECEASED R1)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED: 08.06.2018 PASSED IN RA.No.76/2016, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:30.01.2016 PASSED IN O S.NO.835/2006 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MYSURU.

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IN RSA No.1713/2018:

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BETWEEN:

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SMT. KEMPADEVAMMA DEAD

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…APPELLANT

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(BY SRI KRISHNAMURTHY G HASYAGAR, ADVOCATE)

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4 - NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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AND:

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RAVIKUMAR T M AGED ABOUT 39 YEARS S/O LATE THOTADA MADAPPA RESIDING AT TALUR VILLAGE JAYAPURA HOBLI, MYSURU TALUK & DISTRICT - 570 001.

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SMT. REVAMMA AGED ABOUT 57 YEARS W/O POMPANAGOWDA RESIDING ATGENEKEHAL VILLAGE BELLARY TALUK & DISTRICT - 583 101.

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SMT. JAGADAMBA D/O LATE GOWRAMMA AND GURUSIDDAPPA AND W/O PARASHIVAMURTHY DEAD BY LRs.

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3(a) PARASHIVAMUTHRY AGED ABOUT 46 YEARS S/O LATE GURUSIDDAPPA.

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3(b) LOKESH

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AGED ABOUT 22 YEARS S/O PARASHIVAMURTHY.

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3(c) P S PARAMESH AGED ABOUT 20 YEARS S/O PARASHIVAMURTHY.

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ALL ARE RESIDING AT No.209 B M ROAD, PIRIYAPATNA TOWN AND TALUK MYSORE DISTRICT - 571 107

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SMT. MAHADEVAMMA AGED ABOUT 52 YEARS C/O MAHESHPRASAD HOTEL NEAR BALLAL HOTEL CIRCLE

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5 - NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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KRISHNAMURTHYPURAM, MYSURU PRESENTLY HER ADDRESS IS C/O KRISHNA MILK DAIRY No.169/6, BELAVADI VILLAGE 4^TH CROSS, 8^TH MAIN BELAVADI POST, YELAVALA HOBLI MYSURU TALUK - 570 001.

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SMT. NAGAMMA AGED ABOUT 49 YEARS W/O MARIGOWDA RESIDING AT TALUR ROAD SREENAGARA COLONY, BELLARY KASABA HOBLI BELLARY DISTRICT - 583 101.

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SMT. RATHNAMMA AGED ABOUT 45 YEARS D/O LATE THOTADA MADAPPA R/AT UDBUR VILLAGE JAYAPURA HOBLI MYSORE TALUK & DISTRICT - 570 001.

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…RESPONDENTS

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(BY SRI R B SADSIVAPPA, ADVOCATE FOR R1 SRI HARISH KUMAR R S, ADVOCATE FOR R2 & R5 SRI N VAGEESH, ADVOCATE FOR R3 SRI H C SHIVARAMU, ADVOCATE FOR R4 & R6)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 08.06.2018 PASSED IN RA.No.76/2016, ON THE FILE OF THE III ADDITIONAL DISTRICTRICT JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:30.01.2016 PASSED INN O OS.NO.835/2006 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OFT OF SMALL CAUSES, MYSURU.

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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6 - NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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JUDGMENT

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This appeal is filed by the appellants who are

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defendants 2, 3 and 5 in the suit in O.S.No.835/2006,

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which had been filed by the respondent No.1 herein who is the plaintiff seeking partition of the suit schedule property and the same was decreed by the Trial Court vide judgment and decree dated 30.01.2016. As against the same an appeal was filed by the defendant No.6 in R.A.No.76/2016 before the First Appellate Court which was allowed on 08.06.2018 setting aside the judgment and decree passed by the Trial Court. Being aggrieved by the same, appellants are before this Court.

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At the time of hearing of these appeals for admission, upon the submissions made by the appellants as well as respondents an opportunity was provided to the parties to explore the possibility of arriving at an amicable settlement. Accordingly, parties have amicably resolved

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the matter and a compromise petition under Order 23 Rule 3 of CPC is filed on 23.03.2024 by the parties.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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The said compromise petition is taken on record

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and the same reads as under;

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UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE

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The parties to the above appeal submit that the matter in dispute in the above appeal is amicably settled between the parties as follows:-

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1. The parties to the above appeal submit that the subject matter of the above appeal is an agricultural land bearing Sy.No.204 measuring 9 acres 28 guntas, situated at Taluru village, Jayapura Hobli, Mysore Taluk and District, including the house constructed on a site measuring 25 ft. x 30 ft. The land is described in the schedule 'A' and the house in the schedule 'A' is shown as 'B' schedule.

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1. The above appeal is filed against divergent findings.

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1. The Appellants 1 and 2 and Respondents 3 and 4 are the sisters of the 2nd Respondent by name Sri. Ravi Kumar. T.Μ. whereas the deceased 3rd Respondent by name Smt. Jagadamba is the 2nd respondent's sister's daughter (niece) and since she died, her LRs are Appellants 3(a) to 3(c).

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1. The suit was filed by the deceased 1st Respondent Smt. Kempadevamma in O.S. No.835/2006 on the file of the Principal Judge, Small causes and Senior Civil Judge, Mysore for the relief of partition and separate possession and the said suit was decreed by judgement and decree dated 30/01/2016 and hence, the respondent No.2 herein by name Sri. Ravi Kumar T.M. filed R.A. No.76/2016 on the file the 3rd Additional District Judge, Mysore and the same was allowed by judgement and decree dated 08/06/2018.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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1. As against the said divergent findings of the trial court and the 1st Appellate Court, the Defendant Nos.3, 5 and 2 filed the above regular second appeal.

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1. The parties to the above appeal submit that the litigation is about 18 years and therefore, under the circumstances, the parties in order to put an end to the litigation and to maintain cordiality between the parties and at the intervention of the well-wishers of both the parties have settled their disputes in the following manner.

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1. The Appellants 1 and 2 and Respondents 3 and 4 have executed registered release deed dated 18/03/2024 in favour of their brother, i.e.. the 2nd Respondent by name Sri. Ravi Kumar T.M. on receipt of Rs.10,00,000/- each by way of demand draft. The copy of the registered release deed dated 18/03/2024 is enclosed to this compromise petition.

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1. The 3rd Respondent by name Smt. Jagadamba since deceased her LRs 3(a) to 3(c) together have received Rs.10,00,000/- by way of cheque bearing No.670679 dated 27/03/2024 drawn on Canara Bank in the name of the Appellant No.3(b).

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1. The Appellant Nos.1, 2 and Respondents 3 and 4 have received Rs.10,00,000/- each by way of DD for self and on behalf of their children (the 1st Appellant has a daughter by name Kum. Sowmya, the 2nd Appellant by name Smt. Rathnamma has a son by name Sri. Kumar. Similarly, the 3rd Respondent by name Smt. Revamma has 1 son by name Sri. Ravi Kumar Halemane and one daughter by name Smt. Banapuram Vanisri and the 4th Respondent by name Smt. Nagamma has one daughter by name Smt. Sridevi and a son by name, Sri. C.R. Prakash) and the children of the Appellant No.1, 2 and Respondents 3 and 4 have agreed and also put their signature to this compromise petition as consenting witnesses for the amicable settlement.

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9 - NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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1. The Appellant Smt. Mahadevamma and 2nd Appellant Smt. Rathnamma and their children, and the LRs of the Appellant No.3 by name Smt. Jagadamba and the 3rd Respondent and the 4th Respondent and their children have given up their right, title, and interest in the schedule properties in favour of the 2nd Respondent by name Sri. Ravi Kumar T.M. and hence they admit that the 2nd Respondent by name Sri. Ravi Kumar T.M. is the absolute owner and he is in physical possession of the suit schedule properties.

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1. In view of the compromise between the parties in the above terms, the parties to the above appeal pray that this Hon'ble Court be pleased to modify the judgement and decree of the trial court in terms of the above compromise petition and direct the office to draw the decree in terms of the above compromise petition in the interest of justice and equity".

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Parties are present before this Court

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represented by their respective counsel.

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Reading of the above compromise petition reveal that appellant Nos.1 and 2 and respondent Nos.2 and 3 all being sisters of respondent No.1-Ravikumar have executed a registered Deed of Release dated 18.03.2024 releasing their undivided right, title and

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10 - NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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interest in his favour in consideration of Rs.10,00,000/each paid to them, by respondent No.1-Ravikumar, by way of demand drafts drawn on Canara Bank, Industrial suburb branch, Mysuru as detailed in Clause-4 of the Deed of Release dated 18.03.2024.

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Appellant No.3-Smt.Jagadamba, passed away during the pendency of the appeal leaving behind Sri.Parashivamurthy, Sri.Lokesh and Sri.G.S.Paramesh as her legal heirs and they have been brought on record. Though, the said legal heirs have not being made parties to the said Release Deed, in the compromise petition filed before this Court ,they have affixed their signatures consenting, confirming, acknowledging and admitting release of their rights in favour of respondent No.1Ravikumar in consideration of they receiving together a sum of Rs.10,00,000/- by way of cheque bearing No.670679 dated 27.03.2024 and receipt of the cheque is admitted by them.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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An affidavit is also filed along with compromise

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petition sworn to by Revamma -respondent No.3 in the appeal confirming that she is also called H. Shankaramma which is the name reflected in the Aadhar Card. It is further confirmed that she is called by both the names as "Revamma" as well as "H.Shankaramma". Affidavit is taken on record.

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Compromise petition is also signed Kum.Sowmaya, D/o Mahadevamma-appellant No.1 as well as Sri. Kumar, son of appellant No.2-Rathnamma herein. They are also present before this Court.

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Similarly, son and daughter of respondent No.3-

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Revamma namely, Sri. Ravi Kumar Halemane and Smt. Banapuram Vanisri and daughter and son of respondent No.4-Nagamma, Sri Prakash and Ms. Sridevi have also affixed their signatures to the compromise petition.

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The terms of the compromise petition is read

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over to the parties and they have confirmed the same.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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There is no clause or terms in the agreement which is contrary to the provisions of law and compromise petition is in accordance with law.

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The Court is satisfied with regard to the identity of the parties who are present before this Court.

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Appeal in RSA No.532/2019 is disposed of in terms of compromise petition.

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Counsel for the parties submit that in view of the compromise arrived at in RSA No.532/2019, the companion appeal in RSA No.1713/2018 arising out of the same judgment and decree has become infructuous and seeks dismissal of the same as having become infructuous.

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Accordingly, RSA No.1713/2018 is dismissed as having become infructuous in view of compromise arrived at between the parties in RSA No.532/2019. Draw decree accordingly.

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NC: 2024:KHC:12747 RSA No. 532 of 2019 C/W RSA No. 1713 of 2018

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In view of disposal of these appeals, all pending

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applications are disposed of.

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Sd/JUDGE

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RU, List No.: 2 Sl No.: 1

Smt Mahadevamma v. Smt Kempadevamma

Case brief

What is this about?

What did the court decide?

Smt Mahadevamma v. Smt Kempadevamma

Case brief

What is this about?

What did the court decide?

What the court decided

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