Karnataka High Court
Sri D Ramesh vs Smt D Bharathi on 26 July, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:29597
RFA No. 1331 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 1331 OF 2018 (DEC/INJ)
BETWEEN:
1. SRI. D. RAMESH,
AGED ABOUT 61 YEARS,
SON OF LATE M DORAISWAMY.
2. SMT. V. THIRUMALA
AGED ABOUT 53 YEARS,
WIFE OF SRI. D. RAMESH.
BOTH ARE RESIDING AT NO.64,
11TH CROSS,
FREEDOM FIGHTERS NAGAR,
LAGGERE RING ROAD,
BENGALURU-560 058
...APPELLANTS
(BY SRI. JAGADISH BALIGA N., ADVOCATE)
Digitally signed by
SUMITHRA R
Location: HIGH COURT
AND:
OF KARNATAKA
SMT. D. BHARATHI,
AGED ABOUT 45 YEARS,
WIFE OF SRI. V.R. JAYAKUMAR,
RESIDING AT NO.303,
6TH MAIN, 2ND BLOCK
HRBR, KALYANAGARA,
BENGALURU-560 043
...RESPONDENT
(BY SRI. KUMARA K.G., ADVOCATE FOR C/R)
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NC: 2024:KHC:29597
RFA No. 1331 of 2018
THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER
XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND
DECREE DATED 31.05.2018 PASSED IN OS NO.1975/2012 ON
THE FILE OF THE XV ADDL.CITY CIVIL AND SESSIONS JUDGE,
BANGALORE DECREEING THE SUIT FOR DECLARATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Appellants No.1 and 2 and respondent are present along with their respective advocates and filed petition under Order XXIII rule 3 of Code of Civil Procedure submitting that they have compromised the matter each other and accordingly submitted compromise petition.
2. Upon enquiry, both the appellants and respondent have confirmed that they have entered into settlement. Accordingly, on their volition and as per their conscious have presented compromise petition and pray to dispose of the appeal in terms of the compromise petition and draw decree accordingly.
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NC: 2024:KHC:29597 RFA No. 1331 of 2018
3. Today appellants have handed over a DD drawn on Rajajinagar Cooperative Society Limited bearing No.004208 dated 15.07.2024 in favour of respondent herein and the respondent has acknowledged the receipt of the same.
4. Therefore, in view of compromise petition, appeal is disposed of.
5. The decree passed by the trial Court is liable to be modified in terms of the compromise petition.
6. Draw decree in this appeal as per compromise petition and a copy of compromise petition shall be part and parcel of the decree.
Registry is directed to refund 75% of the Court fee to the appellants as per rules.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE BVK; List No.: 1 Sl No.: 57