Smt P Radhamma W/O Sri K Gopal v. Smt B Nachetiram Ammal
Case brief
What is this about?
Karnataka High Court RFA disposed on compromise under Order XXIII Rule 3 CPC; appeal against dismissal of suit for declaration, perpetual and mandatory injunction (O.S.3073/2003, XXVII Addl. City Civil Judge, Bengaluru); Rs.18,00,000/- (Eighteen Lakhs) full and final settlement; postdated cheque No.552158 Axis Bank Kalyan Nagar Branch payable 04/03/2026, compromise subject to encashment; appellant confirmed validity of sale deed dated 13/09/1991 (Regd. No.3658) and gave non-interference/no-objection undertaking regarding suit schedule property; trial court judgment and decree dated 25.05.2010 set aside; decree in terms of compromise; Section 96 CPC read with Order XLI Rule 1; Justice R. Nataraj.
What did the court decide?
Appeal and suit disposed of in terms of compromise under Order XXIII Rule 3 CPC; judgment and decree dated 25.05.2010 of the Trial Court set aside; decree to be drawn in terms of the compromise; respondent No.1 to pay Rs.18,00,000/- to the appellant as full and final settlement by postdated cheque No.552158 (Axis Bank, Kalyan Nagar Branch) due 04/03/2026, the compromise being effective subject to realization of the cheque; appellant confirms the validity of the sale deed dated 13/09/1991 in favour of respondent No.1, declares respondent No.1 absolute owner in peaceful possession, and undertakes non-interference and no objection to enjoyment, development, transfer of revenue records and disposition of the suit schedule property.