Sri Ganesh Shenoy Vs Sri Sridhar P Kamath

SRI GANESH SHENOY S/O P NARASIMHA SHENOY AGED ABOUT 58 EYARS R/AT NO.09, UNNATHI NEW BANK COLONY CHUNCHAGHATTA MAIN ROAD KONANAKUNTE, BENGALURU - 560 062. …APPELLANT

¶10

(BY SRI. HARISH KUMAR M S., ADVOCATE)

¶11

AND:

¶12

SRI SRIDHAR P KAMATH S/O PADMANABHA R KAMATH AGED ABOUT 55 YEARS R/AT G- 7, PRINCES PARK APARTMENTS BUILIDNG, NO 3 J N ROAD VASSAI THANE MAHARASHTRA STATE - 400 080

¶13

SMT P N LATHA SHENOY W/OS RIDHAR P KAMATH S/O PADMANABHA R KAMATH AGED ABOUT 51 YEARS R/AT G- 7, PRINCES PARK APARTMENTS VASAI THANE MAHARASHTRA STATE - 400 080

¶14

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

¶15

…RESPONDENTS

¶16

(BY SRI.LETHIF B., ADVOCATE FOR R1 & R2)

¶17

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.06.2021 PASSED IN OS.No.7101/2012 ON THE FILE OF XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND PERMANENT PROHIBITORY INJUNCTION.

¶18

2 -

¶19

NC: 2025:KHC:28230 RFA No. 877 of 2021

¶20

HC-KAR

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶23

ORAL JUDGMENT

¶24

Heard Sri Harish Kumar M.S, learned counsel for

¶25

the appellant and Sri.Lethif.B, learned counsel for the respondents No.1 and 2.

¶26

This Regular First Appeal is filed against the judgment and decree dated 01.06.2021 passed in O.S.No.7101/2012 on the file of XII Additional City Civil and Sessions Judge, Bengaluru for declaration and injunction.

¶27

The appellant and respondents No.1 and 2 are present and they are identified by their respective counsels.

¶28

During the pendency of the appeal, learned counsel for respective parties filed a compromise petition under Order 23 Rule 3 of Code of Civil Procedure stating that the matter is settled out of Court.

¶29

The compromise petition is duly signed by the appellant, the respondents No.1 and 2 and their respective

¶30

3 -

¶31

NC: 2025:KHC:28230 RFA No. 877 of 2021

¶32

HC-KAR

¶33

counsels. The terms enumerated in paragraph No.2(a) to 2(c) and 3, which read thus:

¶34

a) The appellant has decided to withdraw this appeal by accepting the judgment and decree passed in favor of the respondents. Further the respondents in order to give quietus to the dispute and to maintain the relationship among the brother and sister has given an amount of Rs. 17,00,000/- way of demand draft in favor of appellant and his family following manner a) A sum of Rs. 10,00,000 by way of demand draft dated: 11.07.2025 vide No.718254 drawn on Canara Bank issued in favor of Ujwal G. Shenoy [Son of Appellant] b) A Rs.7,00,000/- by way of demand draft dated: 11.07.2025 vide No.718255 drawn on Canara Bank issued in favor of Ganesh Shenoy P with love and affection and the appellant agreed and accepted the said amount and acknowledge the same as a full and final settlement without any further claim.

¶35

b) The appellant had initiated a criminal case against the respondents in crime No.117/2017 Banasavadi Police Station, after investigation the respondent police filed 'B' report. The appellant has challenged the filing of 'B' report and learned magistrate has taken cognizance and issued process against the respondent in C.C No.16401/2019 on the file of IV JMFC, Bengaluru. The appellant hereby

¶36

4 -

¶37

NC: 2025:KHC:28230 RFA No. 877 of 2021

¶38

HC-KAR

¶39

agreed to withdraw the said case, complaint, allegations before this Hon'ble Court by filing separate petition U/s 482 of Cr.PC or before the magistrate.

¶40

c) The respondent No.1 and 2 also initiated a criminal case against the appellant and others in crime No.517/2012 of Banasavadi Police and said case is pending before the XI JMFC, Bengaluru in C.C No.52286/2014. Now the respondents are also hereby agreed to withdraw the case, complaint, allegations before this Hon'ble Court by filing the petition U/s 482 of Cr.PC or before the magistrate.

¶41

3. There is no dispute or litigations pending between the parties other than above cases and the respondents are the absolute owners and in possession of the property as mentioned in the below schedule and the appellants hereby undertake that they will never interfere with the ownership, possession and title of the respondents. The appeal may be disposed in terms of above.

¶42

Learned counsel for the appellant submits that the appellant has received the Demand Drafts bearing Nos.718254 and 718255 both dated 11.07.2025 for a sum of Rs.10,00,000/- and 7,00,000/- respectively and the same is acknowledged by the appellant.

¶43