Smt. a. M. Uma v. Mr. M. B. Dalawai
Case brief
What is this about?
Compromise petition; Order XXIII Rule 3 CPC; Section 100 CPC; Regular Second Appeal; RSA No. 354 of 2023; Karnataka High Court Bengaluru; Justice V Srishananda; Mysuru; OS No.105/2016; RA.No.109/2021; modified decree; withdrawal of execution petition; refund of court fee; Rs.75,000; Rs.1,00,000; voluntary settlement without force, coercion or undue influence. Relevant to research on disposal of second appeals by compromise under Order XXIII Rule 3 CPC and modification of trial and first-appellate decrees in terms of settlement.
What did the court decide?
Appeal allowed in part; decrees of the Trial Court and the First Appellate Court modified in terms of the compromise petition; Office directed to draw a modified decree appending the compromise petition; parties to bear their own costs; appellants entitled to refund of permissible Court Fee; respondent to withdraw the pending execution petition after payment of the balance sum of Rs.1,00,000/-.