Citation : 2022 Latest Caselaw 2899 Kant
Judgement Date : 21 February, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21st DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
RFA. NO.1349 OF 2013 (RES)
BETWEEN:
1. PRAMOD RANJAN
AGED ABOUT 46 YEARS,
S/O G.K.RANJAN,
M/s. CORAMANDA SEA FOODS
(PVT.) LTD., APARTMENT 1-B,
NO.9, BINNY ROAD, POES GARDEN,
CHENNAI-86.
2. ARUN ACHAPPA
AGED ABOUT 62 YEARS,
S/O B.A.KAVERAPPA,
R/AT NO.19,
LALITH MAHAL ROAD,
MYSORE-570001. ... APPELLANTS
(BY SMT.LATHA SHETTY FOR
SRI. SHASHI KIRAN SHETTY K,
SENIOR ADVOCATE FOR APPELLANTS)
AND:
1. SMT. SHAKUNTALA V HEGDE
W/O S.VARADARAJ HEGDE,
AGED ABOUT 58 YEARS,
GUDDEGUTHU HOUSE,
JEPPINA MOGARU VILLAGE,
KANKANADI POST,
MANGALORE-575001.
2. S.VARADARAJ HEGDE
S/O LATE S. GOPALA HEGDE,
2
AGED ABOUT 61 YEARS,
NEAR RAJESHWARI MAHADWARA,
UKKUDA ROAD,
MADIKERI-571201.
3. BOLLERA M PRABHAKARA
S/O MACHIAH,
AGED ABOUT 59 YEARS,
SINCE DECEASED BY L.R.
SMT.B.P.RENU
W/O LATE BOLLERA M PRABHAKARA,
AGED ABOUT 40 YEARS,
K.NIDUGANE VILLAGE,
MADIKERI TALUK-571201. ... RESPONDENTS
(BY SRI.A. AJITH SHEETY FOR SRI. A. ANANDA
SHETTY FOR R1; R2-NOTICE IS HELD
SUFFICIENT V/O/D 21.01.2014 AND
R3-NOTICE IS HELD SUFFICIENT
V/O/D 23.03.2015)
THIS APPEAL IS FILED UNDER SECTION 96 OF
CPC AGAINST THE JUDGEMENT AND DECREE DATED
16.04.2013 PASSED IN O.S.NO.38/2007 ON THE FILE
OF SENIOR CIVIL JUDGE, MADIKERI, PARTLY
DECREEING THE SUIT FOR POSSESSION AND MESNE
PROFITS.
THIS APPEAL COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCING THIS DAY THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Parties have filed a memo of compromise
which is filed on 24.01.2022. The same is signed by
the appellant Nos.1 and 2 and respondent Nos.1
and 2. The signatures of the appellants and
respondent No.1 are duly identified by the learned
counsel for the respondents. Appellant Nos. 1 and 2
and Respondent No.1 are present by way of video
conferencing. They are duly identified by their
respective advocates. Respondents No.1 and her
advocate Sri. Ajith Shetty (KAR 1964/2001)
submits that respondent No.2 is none other than
husband of respondent No.1 and he has duly
executed the compromise petition but he was
unable to be present either by way of video
conferencing or physically as he is traveling and he
is not a contesting party.
Their submission is placed on record.
Compromise petition is taken on record.
Appeal is disposed of in terms of compromise.
Office to draw modified decree, accordingly.
Sd/-
JUDGE
JS/-
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