Smt Suguna Mani v. Smt Gunamba
Case brief
What is this about?
Consensual disposal of a partition appeal through a compromise petition under Order XXIII Rule 3 CPC in a Regular First Appeal under Section 96 CPC (High Court of Karnataka, RFA No. 1544 of 2011, decided 03.12.2025 by V Srishananda, J.). Keywords: compromise petition; Order XXIII Rule 3 CPC; Section 96 CPC; partition and separate possession; O.S.7893/1996; XLIII-Addl. City Civil and Sessions Judge CCH-44 Bangalore; modified decree; refund of permissible court fee; legal representatives substituted (R2 LR of deceased R1, order dated 6/11/24); formal party Corporation of City of Bangalore; parties Suguna Mani, D.N.Kusuma Kumari, Gunamba (dead), H Mayura. Useful for queries on voluntary settlement admissions, drawing of modified decrees appending compromise petitions, and court-fee refund upon amicable settlement.
What did the court decide?
Regular first appeal disposed of in terms of the compromise petition under Order XXIII Rule 3 CPC; office directed to draw a modified decree appending the compromise petition as part of the decree; appellants entitled to refund of permissible court fee.