A T Nagaraju Vs Smt. Gayathri

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 04.10.2017 PASSED IN RA.NO.65/2016, ON THE FILE OF THE VII ADDTIONAL DISTRICT JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.01.2016 PASSED IN OS.NO.8/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., NANJANGUD.

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IN RSA NO. 170/2018 BETWEEN:

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SRI. A T NAGARAJU S/O LATE D TOPASHETTY, AGED 53 YEARS, R/O D.NO.29, KALAPPA LAYOUT, NEAR CITIZEN SCHOOL, NANJANGUD TOWN – 570006

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...APPELLANT

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(BY SRI. NAGARAJA R C., ADVOCATE)

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AND:

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SMT. GAYATHRI W/O LATE R SHRIKANTASWAMY AGED 52 YEARS,

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SMT HARINI D/O LATE R SHRIKANTASWAMY AGED 30 YEARS

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3 - NC: 2025:KHC:20446 RSA No. 169 of 2018 C/W RSA No. 170 of 2018

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HC-KAR

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SRI HARISHA S/O LATE R SHRIKANTASWAMY AGE 28 YEARS,

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ALL ARE R/AT NO.343/1, NEAR NEEM TREE, GOWTHAM ROAD, NEELAKANTANAGARA NANJANGUD TOWN – 570 006

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...RESPONDENTS

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(BY SRI. P MAHESHA, ADVOCATE FOR C/R1, R2 & R3)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.10.2017 PASSED IN R.A.NO.61/2016 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 30.01.2016 PASSED IN O.S.NO.8/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD.

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

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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The appellant and respondent No.1 are present

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before the Court physically.

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4 - NC: 2025:KHC:20446 RSA No. 169 of 2018 C/W RSA No. 170 of 2018

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HC-KAR

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The appellant and respondents have filed a

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compromise petition, which reads as follows:

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That the Appellant herein has preferred the present appeals challenging the Judgement and Decree Dated 04-10-2017 passed in RA 65/2016 and RA 61/2016 by the Hon'ble VII Additional District Judge, Mysuru wherein the Hon'ble First Appellate Court was pleased to set aside the Judgement and Decree Dated 30-01-2016 passed by Senior Civil Judge and JMFC, Nanjangud.

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It is submitted that due to the intervention of the elders, Friends and Family, the Appellants and the Respondents herein have agreed to settle the matter.

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It is agreed upon by both the parties that the Respondents herein have agreed to pay a sum of Rs.18,00,000/- (Rupees Eighteen Lakh Only) to the Appellant by way of two post Dated Cheques and bring a total quietus to the Disputes amongst themselves.

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Respondent No.1 herein on behalf of all the Respondents is handing over two post Dated Cheques drawn on State Bank of India, Station Road Branch, Hosur as follows:

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5 - NC: 2025:KHC:20446 RSA No. 169 of 2018 C/W RSA No. 170 of 2018

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HC-KAR

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Sl.No.	Cheque No.	Cheque Date	Cheque Amount (Rs.)
1.	233293	18-06-2025	10,00,000/-
2.	233294	18-06-2025	8,00,000/-

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It is further agreed upon by both the parties that on execution of this Compromise Petition, the appellant shall forgo all his rights over the suit schedule property and shall not have any claims whatsoever in any nature over the suit schedule property.

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It is also agreed upon by the Parties that the Appellant herein, on execution of this Compromise Petition, shall not interfere with the peaceful possession and enjoyment of the suit schedule property and also would not frustrate the rights of the Respondents over the suit schedule property.

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The Appellant herein have also agreed that having given up all his rights over the suit schedule property and Appellant shall not claim any right, Title or Interest over the Suit Schedule Property in any manner whatsoever including Agreement of Sale Dated 25-11-2010 and shall not cause hindrance/ interference over the Suit Schedule Property.

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6 -

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NC: 2025:KHC:20446 RSA No. 169 of 2018 C/W RSA No. 170 of 2018

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HC-KAR

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This Compromise Petition is a full and final settlement amongst the Parties and none of the Parties shall have any further claims against each other with respect to the suit Schedule Properties in any manner whatsoever.

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The appellant and respondents hereby declares that the above settlement is arrived at with own free will and without any coercion and undue influence from anybody.

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With full satisfaction the above settlement was arrived at and reported before this Hon'ble Court today on 13-06-2025 at Bengaluru. Hence, the same may be accepted.

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WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to accept this Compromise Petition as per the terms agreed upon in the Compromise Petition and draw the final decree in terms of this Compromise Petition, in the interest of justice and equity.”

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3. The contents of the compromise petition are

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read over and explained to the parties in the language known to them. They have understood and accepted the terms and conditions of the compromise petition and prays

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