Sri B Govindaraju vs Smt. Marulamma
2021 Latest Caselaw 7168 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF DECEMBER, 2021

                     PRESENT

        THE HON'BLE MR. JUSTICE B.VEERAPPA

                       AND

      THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

     REGULAR FIRST APPEAL. No.63/2019 (SP)

BETWEEN:

SRI B GOVINDARAJU
S/O BALAPPA
AGED ABOUT 56 YEARS
R/AT NO.515/1
T.C.H. COLLEGE ROAD
NAGARAWARA VILLAGE AND POST
BANGALORE - 560045.
                                    ...APPELLANT

(BY SRI RADHANANDAN B.S, ADVOCATE)

AND:

SMT MARULAMMA
SINCE DEAD BY LRS REPRESENTED
BY RESPONDENTS NO.1 TO 5.

1.     SMT. Y.T.VANAJA
       D/O LATE THAMMAIAH
       AGED ABOUT 66 YEARS

2.     SMT. Y.T.NIRMALA
       D/O LATE THAMMAIAH
       AGED ABOUT 63 YEARS

3.     SMT. Y.T.PARVATHY
       D/O LATE THAMMAIAH
       AGED ABOUT 61 YEARS
 `
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4.      SRI Y.T.NARENDRA BABU
        D/O LATE THAMMAIAH
        AGED ABOUT 54 YEARS

5.      SRI SHARATH N. YALE
        S/O Y.T.NARENDRA BABU
        AGED ABOUT 22 YEARS

        ALL ARE R/AT NO.3, I MAIN
        I STAGE, I PHASE,
        WEST OF CHORD ROAD
        BANGALORE - 560010.
                                         ...RESPONDENTS

    (BY SRI G.A SRIKANTE GOWDA, ADVOCATE FOR
     C/R4 AND R5;
     R1 TO R3 ARE REPRESENTED BY GPA HOLDER R5)

                           ***

        THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF THE CODE OF CIVIL PROCEDURE,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED      02.11.2018   PASSED      ON   I.A.   NO.III   IN
O.S.NO.800/2012 ON THE FILE OF THE I ADDL.SENIOR
CIVIL     JUDGE,    BANGALORE        RURAL      DISTRICT,
BANGALORE       ALLOWING    I.A.NO.III     FILED   UNDER
ORDER 7 RULE 11(A) AND (B) OF CPC FOR REJECTION
OF PLAINT.



        THIS APPEAL COMING ON FOR ORDERS THIS
DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:
 `
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                     JUDGMENT

The plaintiff/appellant filed the present appeal

against the impugned judgment and decree dated

02.11.2018 made in O.S. No.800/2012 on the file

of the I Additional Senior Civil Judge, Bangalore

Rural District, Bangalore allowing I.A. No.III filed by

defendant Nos.2 to 6 under Order 7 Rule 11 (a) and

(b) of Code of Civil Procedure to reject the plaint.

2. Learned counsel for the parties filed a

joint memo dated 23.12.2021 duly signed by the

learned counsel for both the parties,

appellant/plaintiff and respondent No.4/defeandant

No.5.

3. Respondent No.4 submits that

respondent Nos.1 to 3/defendant Nos.2 to 4 have

executed a General Power of Attorney in favour of

respondent No.4 and respondent No.4 has signed

the joint memo on behalf respondent Nos.1 to 3.

The same is duly acknowledged by the learned

counsel for the respondents.

`

4. The same is placed on record.

5. In the joint memo, it is stated that the

matter is settled out of the Court and advance

amount along with additional amount totally

amounting to Rs.35,00,000/- (Rupees Thirty Five

Lakhs only) is paid by the respondents to the

appellant as full and final settlement of the claim of

all his claims under Sale Agreement dated

03.04.2006 vide Demand Draft No.022994 dated

20.12.2021 drawn on HDFC Bank, Basavanagudi

Branch, Bengaluru. The same is acknowledged by

the appellant as well as respondent No.4.

In view of the above, the appeal is disposed of

in terms of the joint memo filed.

Office is directed to draw decree accordingly.

The joint memo filed by the parties shall be part

and parcel of the decree.

`

Office is directed to refund the Court fee, if

any, as contemplated under the provisions of

Section 66 of the Karnataka Court Fees and Suit

Valuation Act, 1958.

Sd/-

JUDGE

Sd/-

JUDGE

MBM