Canara Bank Vs Shri.Shivayogi S/O Channaveerappa Benkishettar — Karnataka HC (2025) — LawSathi Research

Canara Bank Vs Shri.Shivayogi S/O Channaveerappa Benkishettar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Portion of the judgment and decree of the trial court directing defendant No.2 to pay compensation of Rs. 1,00,000/- to the plaintiff set aside; court fee paid by the appellant ordered to be returned in accordance with law.

Issue for consideration

Whether the portion of the judgment and decree passed by the trial court in O.S. No. 3/2015 directing defendant No.2 (the appellant bank) to pay compensation of Rs. 1,00,000/- to the plaintiff should be set aside and the appeal allowed.

Court's answer

The appeal is allowed while setting aside the portion of the judgment and decree passed by the trial court directing defendant No.2 to pay compensation of Rs.1,00,000/- to the plaintiff.

Ratio / Principle

The portion of the trial court's judgment and decree directing defendant No.2 to pay compensation of Rs.1,00,000/- to the plaintiff is set aside.

Key takeaways

In view of disposal of the connected appeal in terms of the compromise petition filed by the parties, office is directed to return the court fee to the appellant in accordance with law.ratio¶45

Detailed headnote1 paragraphs

Regular First Appeal No. 100386 of 2018 (POS) — Canara Bank, Annigeri Branch (defendant No.2 in O.S. No. 3/2015, II Additional Senior Civil Judge & JMFC, Hubballi) v. Shivayogi Benkishettar (plaintiff / respondent No.1) and the legal representatives of deceased respondent No.2 Balakrishnagouda Timmanagoudar. By judgment and decree dated 26.06.2018 the trial court had directed defendant No.2 to pay compensation of Rs. 1,00,000/- to the plaintiff. Following disposal of the connected RFA No. 100327/2018 in terms of a compromise between the owners of the suit schedule property and the auction purchaser, counsel for the appellant sought that the appeal be allowed by setting aside the compensation portion, and counsel for respondent No.1, in the plaintiff's presence, consented. Held (oral judgment per R. Devdas J.; bench of R. Devdas and B. Muralidhara Pai, JJ.; Dharwad, 15.12.2025): appeal allowed; the portion of the trial court's judgment and decree directing defendant No.2 to pay Rs. 1,00,000/- compensation to the plaintiff set aside; office directed to return the court fee to the appellant in accordance with law.

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NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15^TH DAY OF DECEMBER 2025 PRESENT

THE HON'BLE MR JUSTICE R.DEVDAS

AND

THE HON'BLE MR JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100386 OF 2018 (POS)

BETWEEN:

CANARA BANK ANNIGERI BRANCH, TALUKA ANNIGERI-582201, DIST: DHARWAD, REPRESENTED BY ITS BRANCH MANAGER.

…APPELLANT

(BY SRI. S.K.HEGDE, ADVOCATE)

AND:

MOHANKUMAR B SHELAR

Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 11:46:03 +0530

SHRI. SHIVAYOGI S/O. CHANNAVEERAPPA BENKISHETTAR, AGE: 56 YEARS, OCC: BUSINESS, R/O: PLOT NO.3, KALMESHWAR NAGAR, UNKAL HUBBALLI-580031.

SHRI. BALAKRISHNAGOUDA TIMMANAGOUDAR S/O. RAMANAGOUDA, SINCE DECEASED BY HIS LR’s.,

2(A). SMT. JAYALAXMI W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 74 YEARS, OCC: HOUSEWIFE,

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NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018

HC-KAR

2(B). SHRI. MAHESHGOUDA W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 50 YEARS, OCC: AGRICULTURE,

2(C). SHRI. SURESHGOUDA W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 45 YEARS, OCC: AGRICULTURE,

(ALL ARE R/O. KONDIKOPPA, TQ: ANNIGERI, DIST: DHARWAD).

…RESPONDENTS

(BY SRI. MANJUNATH A.KARIGANNAVAR, ADV. FOR R1(NOC); SRI. SANTOSH B.MANE, ADV. FOR R2(A, B AND C))

THIS RFA IS FILED UNDER ORDER 41 RULE 5 R/W SECTION 151 OF CPC PRAYING TO STAY THE OPERATION OF THE JUDGMENT AND DECREE PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, IN O.S.NO. 3/2015 DATED 26.06.2018 IN SO FAR AS DIRECTING THE DEFENDANT NO.2 TO PAY COMPENSATION OF RS. 1,00,000/- TO THE PLAINTIFF PENDING DISPOSAL OF THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS RFA COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR JUSTICE R.DEVDAS

AND

THE HON'BLE MR JUSTICE B. MURALIDHARA PAI

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NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018

HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR JUSTICE R.DEVDAS)

In view of disposal of the connected RFA

No.100327/2018 where the contesting parties, namely, owners of the suit schedule property and the auction purchaser entered into a compromise, and a decree being accordingly drawn, learned counsel for the appellant submits that the appeal may be allowed while setting aside the portion of the judgment where the appellant herein being defendant No.2 was directed to pay compensation of Rs.1,00,000/- by way of damages to the plaintiff, i.e., respondent No.1 herein.

Learned counsel for respondent No.1-plaintiff in the presence of the plaintiff submits that appeal may be accordingly allowed.

Consequently, the appeal is allowed while setting aside the portion of the judgment and decree passed by the

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NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018

HC-KAR

trial court directing defendant No.2 to pay compensation of Rs.1,00,000/- to the plaintiff.

Ordered accordingly.

In view of disposal of the connected appeal in terms of the compromise petition filed by the parties, office is directed to return the court fee to the appellant, in accordance with law.

Sd/(R.DEVDAS) JUDGE

Sd/(B. MURALIDHARA PAI)

JUDGE

MBS Ct:vh List No.: 1 Sl No.: 16