Sri M S Ravikumar vs Sri M K Rudrappa

Citation : 2024 Latest Caselaw 18758 Kant
Judgement Date : 26 July, 2024

Karnataka High Court

Sri M S Ravikumar vs Sri M K Rudrappa on 26 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                          NC: 2024:KHC:29507
                                                      RSA No. 1807 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JULY, 2024

                                            BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.1807 OF 2022 (INJ)

                   BETWEEN:

                   1.   SRI M S RAVIKUMAR,
                        S/O LATE M D SHADAKSHARAPPA,
                        AGED ABOUT 61 YEARS,
                        AGRICULTURIST,
                        R/O TARALABALU CIRCLE,
                        NEAR SASALU RAILWAY STATION
                        B DURGA HOBLI, HOLALKERE TALUK
                        CHITRADURGA DISTRICT -577526
                                                                ...APPELLANT

                               (BY SRI. SIDDAPPA B.M., ADVOCATE)

                   AND:
Digitally signed
by DEVIKA M        1.   SRI M K RUDRAPPA,
Location: HIGH          S/O LATE KENCHAPPA,
COURT OF                AGED ABOUT 66 YEARS,
KARNATAKA               AGRICULTURIST,
                        R/O TARALABALU CIRCLE,
                        NEAR SASALU RAILWAY STATION,
                        B DURGA HOBLI, HOLALKERE TALUK,
                        CHITRADURGA DISTRICT -577526.
                                                              ...RESPONDENT

                              (BY SRI. NATRAJ G KOTRE, ADVOCATE)

                       THIS RSA IS FILED UNDER SECTION 100 OF CPC
                   AGAINST THE JUDGMENT AND DECREE DATED 09.09.2022
                   PASSED IN RA.No.83/2019 ON THE FILE OF THE SPECIAL 2ND
                   ADDITIONAL    DISTRICT    AND     SESSIONS     JUDGE,
                               -2-
                                             NC: 2024:KHC:29507
                                       RSA No. 1807 of 2022




CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 18.08.2018 PASSED IN
OS No.05/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, HOLALKERE.

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


CORAM: HON'BLE MR JUSTICE H.P.SANDESH

                        ORAL JUDGMENT

The appellant, respondent and their respective learned counsel are present before the Court. The parties have filed the memorandum of compromise petition under Order 23 Rule 3 of CPC, wherein both of them have agreed to mutate the property in their respective names as mentioned in paragraph No.3 in respect of the plaintiff and as mentioned in paragraph No.4 in respect of the defendant and prayed this Court to modify the judgment and decree of the respective Courts in terms of the compromise.

2. The contents of the compromise petition are read out to the parties and the parties have understood the terms of the compromise and hence the compromise petition is accepted.

-3-

NC: 2024:KHC:29507 RSA No. 1807 of 2022

3. The second appeal is disposed of in terms of the compromise petition. The Registry is directed to draw the decree in terms of the compromise.

Sd/-

(H.P.SANDESH) JUDGE MD List No.: 3 Sl No.: 1