Karnataka High Court
Sri B G Ramalingaiah vs Sri M D Boralingaiah on 31 July, 2024
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NC: 2024:KHC:30332
RSA No. 1065 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO.1065 OF 2016 (SP)
BETWEEN:
1. SRI B.G. RAMALINGAIAH
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 71 YEARS,
R/O. SRI GURUKRUPA KALIDASA
EXTENSION, SIDDARUDANAGAR,
BHADRAVATHI TALUK-577 301.
2. SRI B.G. MOHAN KUMAR
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 61 YEARS,
R/O. PRASHANTHA NILAYA, K.C. ROAD,
KITTURCHANNAMMA LAYOUT,
BHADRAVATHI TALUK-577 301.
3. SRI B.G. ESHWARA
Digitally signed by S/O. LATE Y.S. GURULINGAIAH,
MAHALAKSHMI B M AGED ABOUT 45 YEARS,
Location: HIGH R/O. PRASHANTHA NILAYA, K.C. ROAD,
COURT OF KITTURCHANNAMMA LAYOUT,
KARNATAKA
BHADRAVATHI TALUK-577 301.
4. SRI B.G. ANANDA KUMAR
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 59 YEARS,
R/O. PRASHANTHA NILAYA, K.C. ROAD,
KITTURCHANNAMMA LAYOUT,
BHADRAVATHI TALUK-577 301.
5. SRI B.G. SHIVARAM
S/O. LATE Y.S. GURULINGAIAH,
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NC: 2024:KHC:30332
RSA No. 1065 of 2016
AGED ABOUT 69 YEARS,
R/O DOOR NO.2/140, PAPER TOWN,
BHADRAVATHI TALUK-577 301.
6. SRI B.G. ESHWARA
S/O. LATE Y.S. GURULINGAIAH,
AGED ABUT 59 YEARS,
BOMMANAKATTE,
HIRIYUR POST-577302,
BHADRAVATHI TALUK.
7. SMT. B.G. KAMALA
W/O. K.K. SUNDARAJ, MAJOR,
R/O. AMBUR, CHENNAI-635802
TAMIL NADU STATE.
8. SMT. B.G. NAGARATHNA
W/O. KRISHNA, MAJOR,
R/O. KYATHA SANDRA,
TUMKUR-572 104.
9. SRI B.G. LAKSHMIPATHI
S/O. Y.S. GURULINGAIAH, MAJOR,
R/O. THIPPASANDRA, INDIRANAGAR,
BENGALURU-560 075. ... APPELLANTS
(BY SRI VENKATESH R. BHAGAT, ADVOCATE)
AND:
1. SRI M.D. BORALINGAIAH
S/O. LATE DEVEGOWDA,
AGED ABOUT 76 YEARS,
ARAKESHWARA NILAYA,
3RD CROSS, UPPER HUTTA,
BHADRAVATHI TALUK-577 301.
SINCE DEAD, REPRESENTED BY HIS LRs.
1(a) B. PRASANNA KUMAR
S/O. LATE M.D. BORALINGAIAH,
#RAMAKRISHNA KRUPA, 3RD CROSS,
PARK LINE, UPPER HUTTHA,
VTC BHADRAVATHI
DISTRICT: SHIVAMOGA-577301.
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NC: 2024:KHC:30332
RSA No. 1065 of 2016
1(b) SMT. VASANTHA KUMARI
W/O. N.D. RAGHUNATH
D/O. LATE M.D. BORALINGAIAH
#1269, 4TH MAIN ROAD,
4TH CROSS, PADUVNA ROAD,
T.K. LAYOUT,
MYSORE-570009. ... RESPONDENTS
(AMENDMENT CARRIED OUT AS PER ORDERS
DATED 31/07/2024 ON I.A.NO.1 TO 3/2024.
(BY SRI M. RAVINDRANATH, ADVOCATE FOR R-1(A) & (B))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 08.03.2016 PASSED IN
R.A.NO.72/2013 ON THE FILE OF IV ADDL. DISTRICT AND
SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 31.01.2013 PASSED IN O.S.NO.163/2004 ON THE
FILE THE PRL. SENIOR CIVIL JUDGE & JMFC, BHADRAVATHI.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel for the parties submit that the appellants and respondents have amicably settled the dispute and compromise petition is filed under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure by the learned counsel for the appellants and -4- NC: 2024:KHC:30332 RSA No. 1065 of 2016 respondents, which is duly signed by appellant No.2 as a power of attorney of appellant Nos.1, 3 to 9 and respondent No.1(a) as a GPA holder of respondent No.1(b). The terms of the compromise is enumerated as under:
"2. During the pendency of the above appeal matter has been amicably settled between the parties. Now the appellants herein have agreed to pay a sum of Rs.7,00,000/-(Rupees Seven Lakhs Only) towards the full and final settlement of the amount payable to the plaintiff. The said sum has been paid as per demand draft No.674964 dated 15.07.2024 for a sum of Rs.6 Lakhs favouring the Respondent No-1a being LR of original respondent namely M.D. Boralingaiah and a sum of Rs.1,00,000/- Paid in cash on 04.04.2024. On the receipt of the said amount the respondents 1a and 1b herein have given up their claim in its entirety and no claim whatsoever is due from the appellants herein. The copy of demand draft given to respondent no.1A is produced herewith for a kind perusal of this Hon'ble Court."
2. In terms of the settlement, appellants have agreed to pay a sum of Rs.7,00,000/- towards full and -5- NC: 2024:KHC:30332 RSA No. 1065 of 2016 final settlement of the amount payable to the plaintiffs- respondents, appellant No.2 has handed over the Demand Draft No.674964 dated 15.07.2024 for a sum of Rs.6,00,000/- to respondent No.1(a) for himself and GPA holder of respondent No.1(b) and a sum of Rs.1,00,000/- has been paid in cash on 04.04.2024, which is acknowledged by the respondent No.1(a).
3. Respondent No.1(a) is present before the Court receives the demand draft.
4. On query made to appellant No.2 and respondent No.1(a), who are present before the Court, they submit that they have voluntarily agreed to the terms of the compromise.
5. The compromise petition is taken on record and same would form part and parcel of the records.
6. In terms of the compromise petition, the judgment and decree of the Courts below stands modified and decree to be drawn accordingly. -6-
NC: 2024:KHC:30332 RSA No. 1065 of 2016
7. In light of the parties arriving at settlement at the time of admission, the appellants are entitled for refund of Court fee as per Section 66(2)(c) of the Karnataka Court Fee and Suits Valuation Act, 1958 and in accordance with law. Refund of the Court fee to be issued in the name of appellant No.2.
Sd/-
(K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 1