Smt. Lakshmamma vs K P Manjunatha
2021 Latest Caselaw 2521 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF JUNE, 2021

                      BEFORE

    THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO

               R.S.A.No.732/2008(SP)

BETWEEN:

SMT. LAKSHMAMMA
W/O LATE NARAYANA RAJU
AGED ABOUT 67 YEARS
R/O No.1ST MAIN ROAD
KURUBARAPET, KOLAR TOWN
KOLAR - 563 101.                        ..APPELLANT

(BY SRI B A BELLIAPPA, ADVOCATE)

AND:

K P MANJUNATH
S/O P PANDURANGAPPA
AGED ABOUT 42 YEARS
ADVOCATE'S CLERK
DISTRICT COURT COMPLEX
KOLAR TOWN, KOLAR - 563 101

ALSO AT
1ST MAIN ROAD,
KURUBARAPET
KOLAR TOWN, KOLAR-563 101              ..RESPONDENT

(BY SRI K RAGHAVENDRA RAO, ADVOCATE)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007
                                  2


PASSED IN RA.No.55/2006 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR,
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT
AND    DECREE    DATED    13.03.2006   PASSED    IN
O.S.No.131/1995 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE (SR.DN.) KOLAR.


     THIS RSA COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCING THE COURT DELIVERED
THE FOLLOWING:

                        JUDGMENT

Learned counsel for both the parties submit

that the parties have compromised the matter and

they have filed a Compromise application dated

28.06.2021 under Order 23 Rule 3 of CPC duly signed

by the appellant and respondent and attested by their

respective counsel. The same is taken on record and

the terms read as under:

"3. The Plaintiff/Respondent concede the right title or interest to the Defendant/Appellant, despite the Decree in his favour, passed by II Additional District and Sessions Judge, Kolar, in R.A.No.55/2006 dated 18.12.2007 and the

suit in O.S.No.131/1995, passed by the Additional Civil Judge, (SR DVN) Kolar, dated 13/03/2006.

4. And whereas in consideration of the above compromise the Appellant has agreed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only), as compensation to the Plaintiff/Respondent and the Respondent/Plaintiff undertakes that he will not execute the Decree in O.S.No.131/1995, passed by the Additional Civil Judge, (SR DVN) Kolar, dated 13/03/2006 OR enforce the agreement of sale Deed date 04-03-1992.

5. That in consideration of the above the appellant has paid a sum of Rs.50,000/- (Fifty Thousand Only), vide cheque SBI dated 24/06/2021 bearing No.154453 drawn in favour of the respondent herein and the Plaintiff/Respondent acknowledges the receipt of the same."

2. The terms of the compromise arrived at by the

parties appears to be lawful and it is accepted.

The appeal is disposed of in terms of the

compromise petition.

Sd/-

JUDGE

SBN