Disposed¶32

Gireesha Veerashaiva v. Shri Champalal Chopra

Karnataka HC29 Jan 2025RSA/160/2022

Case brief

AI extract

What is this about?

Compromise disposal of Regular Second Appeal RSA No.160/2022 (High Court of Karnataka, K. Natarajan, J., 29-01-2025). Keywords: compromise petition; Order XXIII Rule 3 CPC; Section 100 CPC; I.A.1/2025; disposal of appeal in terms of compromise; handing over of vacant possession; refund of advance amount; deduction of arrears of rent; Rs.65,000/-; Rs.95,000/-; Rs.30,000/-; R.A.No.3/2018; O.S.No.27/2014; Senior Civil Judge and JMFC Hiriyur; Principal Civil Judge and JMFC Hiriyur; Chitradurga; landlord-tenant settlement; NC: 2025:KHC:4264.

What did the court decide?

Appeal disposed of in terms of the compromise between the parties; I.A.1/2025 allowed and compromise accepted; decree to be drawn accordingly. ¶32

Gireesha Veerashaiva Vs Shri Champalal Chopra — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:4264 RSA No. 160 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.160 OF 2022 (POS)

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BETWEEN:

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GIREESHA VEERASHAIVA VIDYAVARDHAKA SANGHA (R) REPRESENTED BY ITS SECRETARY, SHRI H RAJASHEKARAIAH AGED 71 YEARS, HIRIYUR TOWN, CHITRADURGA DISTRICT-577598.

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…APPELLANT

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(BY SRI. NANDA KISHORE, ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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SHRI CHAMPALAL CHOPRA S/O SHRI DINGALMALJI AGED 67 YEARS PROP: P N TEXTILES MAIN ROAD, HIRIYUR TOWN CHITRADURGA DISTRICT-577598.

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…RESPONDENT

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(BY SRI. SOMESHA D.L., ADVOCATE)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 06.08.2018 PASSED IN RA.No.3/2018 ON THE

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NC: 2025:KHC:4264 RSA No. 160 of 2022

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FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR, ALLOWING THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 20.11.2017 PASSED IN OS No.27/2014 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HIRIYUR.

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

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL JUDGMENT

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This appeal filed by the plaintiff under Sec.100 CPC for setting aside the Judgment and Decree passed by the First Appellate Court in R.A.3/2018 allowing the appeal and setting aside the Judgment and Decree dated 20.11.2017 passed by the Trial Court in favour of the appellant/plaintiff in O.S.27/2014.

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Learned counsel for the appellant filed application in I.A.1/2025 along with compromise petition filed under Order XXIII Rule 3 of the CPC, which is signed by both learned counsel and the parties.

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NC: 2025:KHC:4264 RSA No. 160 of 2022

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Though the plaintiff obtained the Decree in the suit, but the First Appellate Court set aside the same and dismissed the suit of the plaintiff. However, during the pendency of the appeal, parties have settled the matter through compromise. Learned counsel for the appellant/plaintiff submitted that the respondent already vacated and handed over possession of the property to the appellant, and received Rs.65,000/- towards advance amount, out of Rs.95,000/-, after deduction of arrears of rent. The same is mentioned in the compromise application.

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Accordingly, both learned counsel for the appellant / plaintiff and learned counsel for the respondent / defendant along with parties, submit that there is no need to continue this appeal. The submission made by the learned counsel and the parties is placed on record.

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In view of the compromise petition and handing over of vacant possession of the property by the respondent to the plaintiff/appellant and that the plaintiff/appellant has returned the advance amount through settlement after deducting Rs.30,000/towards arrears of rent, considering the

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NC: 2025:KHC:4264 RSA No. 160 of 2022

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submission made by learned counsel and parties as above, I.A.1/2025 is allowed and the compromise is accepted.

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