Disposed¶40

Smt Gowramma v. Smt Parvathamma

Karnataka HC17 Sept 2025RSA/1014/2017

Case brief

AI extract

What is this about?

Compromise-based disposal of a Regular Second Appeal under Section 100 CPC; application under Order 23 Rule 3 read with Section 151 CPC; parties present before the Court confirming amicable settlement; judgment and decree of the courts below (trial court O.S.No.75/2004, Gudibande, dated 09.04.2008, and first appellate court R.A.No.55/2014, Chikkaballapura, dated 03.02.2017) modified in terms of the compromise petition; appellants were defendant No.2 and LRs of defendant No.1; Karnataka High Court, Bengaluru; single judge E.S. Indiresh; decided 17.09.2025; no precedent cited; no quantum awarded.

What did the court decide?

Regular Second Appeal disposed of in terms of the compromise petition; the judgment and decree passed by the courts below modified in terms of the compromise petition. ¶40

Smt Gowramma Vs Smt Parvathamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:37179 RSA No. 1014 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1014 OF 2017 (PAR)

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BETWEEN:

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SMT GOWRAMMA

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W/O OF LATE GURUMURTHACHARI, AGED ABOUT 54 YEARS,

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SRI SATHISHACHARI S/O LATE GURUMURTHACHARI AGED ABOUT 31 YEARS,

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SRI MURTHICHARI S/O LATE GURUMURTHACHARI AGED ABOUT 28 YEARS,

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Digitally signed by SWAPNA V Location: High Court of Karnataka

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ALL ARE RESIDENTS OF MACHAVALAHALLI VILLAGE, KASABA HOBLI, GUDIBANDA TALUK, CHIKKABALLAPUR DISTRICT, PIN 561209

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…APPELLANTS

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(BY SRI. C M NAGABUSHANA., ADVOCATE)

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AND:

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SMT PARVATHAMMA SINCE DEAD BY LR'S

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1a. SRI. PARAVESHA K AGED ABOUT 50 YEARS, S/O KRISHNACHARI AND H/O LATE PARVATHAMMA,

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2 - NC: 2025:KHC:37179 RSA No. 1014 of 2017

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HC-KAR

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RESIDENT OF D. PALYA VILLAGE GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT PIN - 561208

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1b. SMT. KAVYA P AGED ABOUT 26 YEARS, W/O GOVINDACHARI D/O PARAVESHA K AND D/O LATE PARVATHAMMA RESIDENT OF NO.158, VENKATAPURA, GAURIBIDANUR TALUK,

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SMT KANAKAMMA W/O NAGARACHARI AGED ABOUT 33 YEARS, RESIDENT OF NAVARATHNA AGRAHARA VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, PIN 562110

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…RESPONDENTS

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(BY SRI. T. SRINIVASAN, ADVOCATE) [CAUSE TITLE AMENDED V/C/O DATED: 17.09.2025.]

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD: 03.02.2017 PASSED IN R.A.NO.55/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPUR., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD: 09.04.2008 PASSED IN OS.NO.75/2004 ON THE FILE OF THE CIVIL JUDGE(JR.DN.) AND JMFC., GUDIBANDA.

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THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2025:KHC:37179 RSA No. 1014 of 2017

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HC-KAR

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ORAL JUDGMENT

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This appeal is preferred by defendant No.2, and the legal representatives of defendant No.1 before the First Appellate Court, challenging the judgment and decree dated 03.02.2017 in RA No.55/2014 on the file of Additional Senior Civil Judge and JMFC, Chikkaballapura, allowing the appeal and setting aside the judgement and decree dated 09.04.2008 in O.S.No.75/2004 on the file of the Civil Judge (Jr.Dn) and JMFC, Gudibande, dismissing the suit of the plaintiff.

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It is submitted by the learned counsel for the parties that, the parties have settled the matter and accordingly, application is filed under Order 23 Rule 3 of Code of Civil Procedure read with Section 151 of Code of Civil Procedure.

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The parties are present before the Court and submitted that, the parties have settled the matter amicably. Taking into consideration the averments made in the compromise petition, the judgement and decree

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NC: 2025:KHC:37179 RSA No. 1014 of 2017

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HC-KAR

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passed by the Courts below is modified in terms of compromise petition.

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