Karnataka High Court
Sri Nagadenhalli Byra Reddy Bisanna vs Dr Manjunath C on 28 June, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2024:KHC:24204
MFA No. 3803 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 3803 OF 2024 (CPC)
BETWEEN:
1. SRI NAGADENHALLI BYRA REDDY BISANNA
AGED ABOUT 45 YEARS,
S/O SRI BYRA REDDY N S
R/AT NO.6, 5TH B MAIN,
1ST MAIN ROAD, K S TOWN,
BANGALORE - 560060.
AND ALSO CARRYING ON BUSINESS AS,
ADARSH PHARMA,
ADARSH HOSPITAL BUILDING,
R/AT NO.1949, 6TH CROSS,
K S TOWN, BANGALORE - 560060.
...APPELLANT
(BY SRI. C M NAGABUSHANA., ADVOCATE)
Digitally signed by AND:
GEETHAKUMARI
PARLATTAYA S
1. DR MANJUNATH C
Location: High
Court of Karnataka AGED ABOUT 55 YEARS,
S/O LATE CHOWDA SETTY,
R/AT MANTRI ALPYNE,
F-1208, DR VISHNUVARDHAN ROAD,
BANASHANAKARI 5TH STAGE,
NEAR RNS IT COLLEGE,
BANGALORE - 560061.
...RESPONDENT
(BY SRI. G.KRISHNA MURTHY, SR, COUNSEL FOR
SRI. SAMPAT BAPAT, ADVOCATE)
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NC: 2024:KHC:24204
MFA No. 3803 of 2024
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 07.06.2024 PASSED ON
I.A.NO.1 IN OS.NO.2183/2024 ON THE FILE OF THE XXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH-7, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39
RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by plaintiff against order dated 07.06.2024 passed by XXII Additional City Civil and Sessions Judge at Bengaluru City in OS No.2183/2024 on I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC.
2. It is submitted that during pendency of appeal, parties have entered into a compromise with regard to suit schedule property and a compromise petition is filed incorporating terms of compromise entered into between parties.
3. Parties are present and are identified by their respective counsels.
4. On interaction, parties have stated that terms of compromise petition have been explained to them and after -3- NC: 2024:KHC:24204 MFA No. 3803 of 2024 understanding same, they have voluntarily signed compromise petition, without any threat, duress or inducement from anyone.
5. I have perused terms of compromise petition, they are lawful.
6. Hence, compromise petition is taken on record it is ordered that in terms of compromise appeal stands disposed of.
Since compromise would cover subject matter of suit also, parties would be at liberty to bring above compromise petition to notice of trial Court and seek for disposal of suit accordingly.
Sd/-
JUDGE HB List No.: 1 Sl No.: 49