Smt. Prema Vs M. Nanjundaswamy — Karnataka HC (2025) — LawSathi Research

Smt. Prema Vs M. Nanjundaswamy — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise petition under Order XXIII Rule 3 read with Section 151 CPC; Office to pass modified decree appending the compromise petition; appeal to revive for disposal on merits if any installment is not paid by the respondent to the appellant.

Issue for consideration

Whether the compromise petition filed under Order XXIII Rule 3 read with Section 151 of CPC should be accepted and Regular Second Appeal No. 356 of 2022 disposed of in terms of the compromise.

Court's answer

The Court satisfied itself that the contents of the compromise petition were read over to the parties in Kannada language, that they admitted the contents depicted the true terms of settlement, and that they unequivocally submitted there was no force, undue influence or coercion in reaching the terms of the compromise.

Ratio / Principle

Finding no impediment, the Court accepted the terms of the compromise petition and the appeal stands disposed of in terms of the compromise petition.

Key takeaways

The Office was directed to pass a modified decree in terms of the compromise petition, appending a copy of the compromise petition as part of the decree.ratio¶38
Revival clause: if any one of the installments is not paid by the respondent to the appellant, the appeal shall stand revived for disposal in accordance with law on merits.ratio¶39

Detailed headnote1 paragraphs

Civil Procedure Code, 1908 - Section 100 - Regular Second Appeal against first appellate court's reversal of trial court decree in OS.No.37/2006 - Compromise during pendency of appeal - Compromise petition under Order XXIII Rule 3 read with Section 151 CPC filed by parties and advocates - Contents read over to parties in Kannada; parties admitted true terms of settlement and absence of force, undue influence or coercion - No impediment to acceptance - Appeal disposed of in terms of compromise petition - Office directed to pass modified decree appending compromise petition as part of decree - Revival clause: non-payment of any installment by respondent to appellant revives the appeal for disposal on merits in accordance with law.

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NC: 2025:KHC:35442 RSA No. 356 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

REGULAR SECOND APPEAL NO. 356 OF 2022 (DEC/INJ)

BETWEEN:

SMT. PREMA W/O LATE MAHADEVAPPA AGED ABOUT 56 YEARS.

SMT. MAHADEVAMMA D/O LATE MAHADEVAPPA AGED ABOUT 29 YEARS.

SRI MAHADEVASWAMY S/O LATE MAHADEVAPPA AGED ABOUT 26 YEARS.

ALL ARE RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT.

…APPELLANTS

(BY SMT. P.C. SUNITHA, ADV.)

AND:

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

M. NANJUNDASWAMY S/O LATE MAHALINGAPPA AGED ABOUT YEARS RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT.

SRI BASAVANNA S/O LATE PUTTASUBBAPPA AGED ABOUT 60 YEARS RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT.

…RESPONDENTS

(BY SRI C. GOPALAKRISHNAMURTHY C, ADV., FOR R-1; R-2 IS SERVED BUT UNREPRESENTED)

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NC: 2025:KHC:35442 RSA No. 356 of 2022

HC-KAR

THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908., AGAINST THE JUDGMENT AND DECREE DATED 06.04.2017 PASSED IN RA.No.27/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.05.2010 PASSED IN OS.NO.37/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC, YELANDUR.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

The compromise petition under Order XXIII Rule 3 read with Section 151 of CPC is filed by the parties and their respective advocates.

The contents of the compromise petition read over to the parties in Kannada language and they admit that contents of compromise petition depicts true terms of settlement.

They also unequivocally submit that there is no force, undue influence or coercion in reaching out terms of compromise petition.

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NC: 2025:KHC:35442 RSA No. 356 of 2022

HC-KAR

As such, there is no impediment for this Court to

accept the terms of the compromise petition and dispose of the appeal in terms of the compromise petition.

Accordingly, the following :-

ORDER

a) The appeal stands disposed of in terms of compromise petition.

b) Office is directed to pass modified decree in terms of compromise petition appending copy of the compromise petition as part of the decree.

c) It is made clear that if any one of the installment are not paid by the respondent to the appellant, the appeal shall be revived for disposal in accordance with law on merits.

Sd/(V SRISHANANDA) JUDGE

NMS

List No.: 1 Sl No.: 58