Sri. Vasavi Education Trust (R) v. M Sharadamma
Case brief
What is this about?
Karnataka HC, RFA No. 955 of 2020 (PAR/DEC), Vasavi Education Trust v. M Sharadamma & others, decided 16-07-2025 by Justice S Rachaiah. Compromise disposal under Order 23 Rule 3 CPC of appeal against partition decree in O.S.No.474/2014 (Senior Civil Judge & JMFC, Magadi, decree dated 18.11.2019). LRs of deceased Respondent No.3 (Plaintiff No.3, holder of declared 1/3rd share) released their share to Appellant/Defendant No.3 (educational trust) for Rs.1,25,00,000 paid via five demand drafts dated 04.06.2025 totalling Rs.1.25 crore; impugned judgment and decree set aside; decree to be drawn accordingly. Statutes: S.96 r/w Order XLI Rule 1 CPC; Order 23 Rule 3 CPC. No precedents cited.
What did the court decide?
Appeal disposed of on compromise under Order 23 Rule 3 CPC: legal representatives of Respondent No.3 (R3(a) to R3(e)) released/relinquished their declared 1/3rd share to the Appellant (Defendant No.3) against payment of Rs.1,25,00,000 in full and final settlement; the judgment and decree dated 18.11.2019 in O.S.No.474/2014 (Senior Civil Judge and JMFC, Magadi) set aside; decree to be drawn accordingly.