Karnataka High Court
Uma Prakash vs M. Anjanappa @ Mariganna on 3 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18888
RSA No. 606 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 606 OF 2010 (MON)
BETWEEN:
UMA PRAKASH,
W/O A. PRAKASH,
AGED ABOUT 48 YEARS,
R/AT IVARAKANDAPURA VILLAGE,
HESARAGHATTA, T.B. POST,
BANGALORE NORTH TALUK - 88
...APPELLANT
(BY SRI. ABHINAV R, ADVOCATE)
AND:
M. ANJANAPPA @ MARIGANNA,
MAJOR, AGE NOT KNOWN TO THE APPELLANT,
S/O LATE C. MUNIYAPPA,
Digitally R/AT IVARAKANDAPURA VILLAGE,
signed by R
MANJUNATHA HESARAGHATTA, T.B. POST,
Location:
HIGH COURT BANGALORE NORTH TALUK - 88.
OF
KARNATAKA ...RESPONDENT
(BY SRI. N. THEJESH, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 7.3.2009 PASSED IN
R.A.NO.188/2007 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, BANGALORE RURAL DISTRICT, BANGALORE.
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND
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NC: 2024:KHC:18888
RSA No. 606 of 2010
DECREE DATED 21.2.2007 PASSED IN O.S.NO.74/2002 ON THE
FILE OF THE I ADDL. CIVIL JUDGE (SR.DN), BANGALORE
RURAL DISTRICT, BANGALORE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter was referred to the Mediation Centre, Bangalore by this Court at the request of the parties. The report from the Karnataka Mediation Centre has been received along with the memorandum of settlement signed by the parties.
2. The parties have amicably settled the dispute before the mediator and they reiterate before this court that there is no force or undue influence or coercion in reaching out the terms of the settlement. Therefore, there is no impediment for this Court to dispose of the appeal in terms of the mediation report.
3. As per the terms of the mediation, a demand draft in a sum of Rs.1,00,000/- has been already tendered by the appellant to the respondent on 16.04.2024 and the balance amount of Rs.50,000/- is paid by the appellant to the -3- NC: 2024:KHC:18888 RSA No. 606 of 2010 respondent before this Court. The same is acknowledged by the respondent.
4. Accordingly, following order is passed:
ORDER
1. The appeal stands disposed of in terms of the mediation report.
2. Office is directed to pass the appropriate decree in terms of the mediation report appending a copy of the mediation report as part of the decree.
3. Amount in deposit is ordered to be released/returned in favour of the respondent under due identification.
Sd/-
JUDGE SMC List No.: 2 Sl No.: 15 CT: BHK