Sri. Harinath Kumar v. Sri. M. P. Gundappa
Case brief
What is this about?
Karnataka HC 2026; RFA 2142/2022 (INJ-); disposed by compromise under Order XXIII Rule 3 r/w Section 151 CPC; mediation settlement; appeal by plaintiff against dismissal of suit for injunction; O.S.No.2197/2013; XXIV Additional City Civil and Sessions Judge Bengaluru; impugned judgment and decree 19.07.2022 modified; registered sale deed 27.3.1992 by M.P. Gundappa; sale deed 11.03.2013 (NGB 1-11736-2012-13-13) cancelled; khatha and tax receipt cancellation; BBMP; court fee refund to appellant and plaintiff; B.S. Manjunath title; site No.14 Mallathahalli 2400 sq.ft Sy.No.43/4; Section 96 r/w Order 41 Rule 1 CPC.
What did the court decide?
Appeal disposed of in terms of the Memorandum of Compromise Petition under Order XXIII Rule 3 read with Section 151 CPC executed between the appellant-plaintiff and respondent Nos.3 to 5; the impugned judgment and decree dated 19.07.2022 in O.S.No.2197/2013 is modified and the suit disposed of in terms of the compromise. The incorporated compromise terms acknowledge title/ownership of the schedule property in respondent No.5 B.S. Manjunath under the registered sale deed dated 27.3.1992 executed by M.P. Gundappa, seek nullification/cancellation of the sale deed dated 11.03.2013 (Document Book 1, No.NGB 1-11736-2012-13-13, CD No.NGBD-240) standing in the appellant's name together with cancellation of khatha and tax paid receipts and intimation to the Sub Registrar for the Encumbrance Certificate, confirm the judgment and decree in O.S.No.2197/2013, and provide for return of the cancelled sale deed, khatha and tax paid receipts to respondent No.5. The Registry of this Court and the Registry of the Trial Court are each directed to refund the entire court fee paid on the memorandum of appeal and the memorandum of plaint respectively.