Karnataka High Court
Sri N Balakrishna vs Sri N Chandrashekar on 18 January, 2021
Author: S.Sujatha And M.I.Arun
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
R.F.A.No.1404/2012 c/w
R.F.A.No.1024/2012
IN R.F.A.No.1404/2012:
BETWEEN :
SRI N.BALAKRISHNA
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 60 YEARS
NO.55, 1ST FLOOR, 6TH CROSS
S.P.EXTENSION, MALLESHWARAM
BANGALORE-560 003
PRESENTLY R/AT OLD NO.36
(NEW NO.69), 1ST FLOOR, 4TH CROSS,
MALLESHWARAM, BANGALORE-560 003 ...APPELLANT
(BY SRI R.S.HEGDE, ADV.)
AND :
1. SRI N.CHANDRASHEKAR
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 70 YEARS
NO.532, 10TH B MAIN, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGAR
BANGALORE-560 079
2. SMT.USHA RAJA RAO
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 68 YEARS
-2-
R/O NO.471, 2ND CROSS
BANASHANKARI II STAGE
BANGALORE-560070
3. SRI N.VISHWANATH
S/O LATE A.K.NARAYANA RAO
AGED ABOUT 66 YEARS
R/O NO.61, 6TH CROSS,
KRISHNA KUTIR, MALLESHWARAM
BANGALORE-560 003
4. SMT.MANJULA SATYANARAYANA
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 64 YEARS
R/AT NO.355, 2ND MAIN, 3RD STAGE,
GOKULAM, MYSORE-570 002
5. SRI SRINIVAS N. BHARADWAJ
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 51 YEARS
R/AT NO.2, 3RD CROSS, III STAGE,
GOKULAM, MYSORE-570 002
6. SMT.N.SHUBHA
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 47 YEARS
NO.43, 4TH MAIN, NEAR 13TH CROSS,
VYALIKAVAL, BANGALORE-560003
PRESENTLY R/AT FLAT NO.302,
'RENAISSANCE REGALIA',
NO.95, 6TH MAIN ROAD,
NEAR 15TH CROSS,
MALLESHWARAM,
BANGALORE-560003 ...RESPONDENTS
(BY SRI P.N.RAJESWARA, ADV.)
THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER
41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 21.04.2012 PASSED IN O.S.No.8747/2010 ON THE FILE
-3-
OF THE XXXVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE,
PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
IN R.F.A.No.1024/2012:
BETWEEN :
1. SRI N.CHANDRASHEKAR
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 70 YEARS
NO.532, 10TH B MAIN, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGAR
BANGALORE-560 079
2. SMT.USHA RAJA RAO
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 68 YEARS
R/O NO.471, 2ND CROSS
BANASHANKARI II STAGE
BANGALORE-560070
3. SRI N.VISHWANATH
S/O LATE A.K.NARAYANA RAO
AGED ABOUT 66 YEARS
R/O NO.61, 6TH CROSS,
KRISHNA KUTIR, MALLESHWARAM
BANGALORE-560 003
4. SMT.MANJULA SATYANARAYANA
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 64 YEARS
R/AT NO.35, 3RD MAIN, 8TH CROSS,
V.V.MOHALLA, MYSORE-570 002
5. SRI SRINIVAS N. BHARADWAJ
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 51 YEARS
R/AT NO.127, 3RD CROSS,
JAYALAKSHMIPURAM,
MYSORE-570 012
-4-
6. SMT.N.SHUBHA
D/O LATE A.K.NARAYAN RAO
AGED ABOUT 46 YEARS
NO.43, 4TH MAIN,
NEAR 13TH CROSS, VYALIKAVAL,
BANGALORE-560003 ...APPELLANTS
(BY SRI P.N.RAJESWARA & SRI NARAYANARAO, ADVS.)
AND :
SRI N.BALAKRISHNA
S/O LATE A.K.NARAYAN RAO
AGED ABOUT 60 YEARS
NO.55, 1ST FLOOR,
6TH CROSS, S.P.EXTENSION,
MALLESHWARAM
BANGALORE-560 003
PRESENTLY R/AT OLD NO.35
(NEW NO.69), 1ST FLOOR,
SWIMMINGPOOL EXTENSION,
MALLESHWARAM,
BANGALORE-560 003 ...RESPONDENT
(BY SRI R.S.HEGDE, ADV.)
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.04.2012
PASSED IN O.S.No.8747/2010 ON THE FILE OF THE XXXVIII
ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
THESE APPEALS COMING ON FOR HEARING, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
-5-
JUDGMENT
These appeals are directed against the judgment
and decree dated 21.4.2012 passed in
O.S.No.8747/2010 on the file of the XXXVIII Addl. City
Civil Judge, Bangalore City, whereby the suit of the
plaintiff has been partly decreed with proportionate
costs. It has been ordered and decreed that the
defendants shall pay plaintiff a sum of Rs.22,44,000/-
with simple interest @ 6% p.a. from the date of decree,
till realisation.
2. Being aggrieved by the same, the plaintiff
has preferred RFA No.1404/2012 whereas the
defendants 1 to 6 have preferred RFA No.1024/2012.
3. In the present proceedings, the parties have
filed a joint compromise petition under Order 23 Rule 3
of CPC. Defendants 1 to 3 & 5 and plaintiff are present
physically before the court whereas defendant No.6 is
present through video conference (virtual court).
Defendant No.4 has filed the affidavit through e-mail for
confirmation of the compromise petition.
4. All the parties are duly identified by their
respective counsel who are present before the Court and
they have subscribed their signature to the compromise
petition. All the parties declare that they have
subscribed their signature to the compromise petition
on their own wish and intention without there being any
force or undue influence from anybody in whatsoever
manner after reading the contents of the compromise
petition.
5. Inter-se dispute between parties being
settled, there is no legal inhibition for this court to
accept the same. The said compromise petition is placed
on record.
6. Accordingly, appeals stand disposed of in
terms of the compromise petition.
7. Draw modified decree accordingly.
Compromise petition shall become part and parcel of
the decree.
8. The Registry shall refund the court fee to the
parties in terms of the amendment effected to
Karnataka Court Fees and Suits Valuation
(Amendment) Act 2020, by Act No.37/2020 to Section
66 of the Karnataka Court Fees and Suits Valuation
Act, 1958.
Sd/-
JUDGE
Sd/-
JUDGE
Dvr:
