R Patric v. Chandru
Case brief
What is this about?
Karnataka High Court, Bengaluru (NC: 2025:KHC:20114); RSA No. 1142 of 2013 (DEC/INJ); decided 11.06.2025 by Hon'ble Mr Justice Ashok S.Kinagi (oral judgment). Second appeal under Sec.100 CPC against concurrent dismissal (trial court O.S.No.1387/2007, judgment dated 12.9.2011; first appellate court R.A.No.9/2012, Fast Track Court IV Mysore, judgment dated 16.3.2013) of a suit alleging staircase encroachment of 4' western set back area with claim for mandatory injunction. Appeal NOT decided on merits: disposed of by compromise petition under Order 23 Rule 3 CPC between appellant R. Patric and respondent No.1(a) Somashekar (LR of deceased Chandru); R1(b) Lokesh C and R1(c) Raviprakash C deleted vide order dated 11.06.2025; gift deed memo recorded. Terms: division of 8' passage (3' X 50' appellant / 5' X 50' respondents), staircase alteration at North-West corner within 3 months, compound wall within 3' area, mutual cooperation; decree in terms of compromise; I.A.No.1/2024 disposed. Counsel: T.P.Vivekananda for appellant; Samashritha R for Akarsh Kumar Gowda for proposed R1(a).