Karnataka High Court
V.Kiran Kumar S/O.Late V.David vs V.Kennady Bhaskar S/O.Late ... on 11 March, 2022
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 11 t h DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
R.S.A. NO.5666/2013 (POS)
BETWEEN
V.KIRAN KUMAR S/O.LATE V.DAVID
JESUPADAM @ DAVID TEACHER,
AGED ABOUT: 36 YEARS,
JEANS (MASTER) T AILOR,
R/O.PLOT NO.57, WARD NO.23,
OPP: T O KEB OFFICE,
BESIDE DARGE, BABU NAIDU LANE,
GADANG STREET, COWL BAZAR,
BELLARY - 583 103.
...APPELLANT
(BY SRI.GODE NAGARAJ, ADV.)
AND
V.KENNADY BHASK AR S/O.LATE V.DAVID
JESUPADAM @ DAVID TEACHER,
AGED ABOUT: 39 YEARS,
WORKING AS AN ATTENDER
IN STATE BANK OF INDIA,
MAIN RANCH, BELLARY
PRESENTLY R/O.D.L.CHETTY
COMPOUND, POLICE LANE,
S.N.PET , BELLARY - 583 102.
...RESPONDENT
(BY SRI. M M HIREMATH, ADV.)
THIS RSA FILED U/S.100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD:14.03.2012 PASSED IN
R.A.NO.135/2012 ON THE FILE OF THE II ADDL. DISTRICT
JUDGE AT BELLARY, ALLOWING THE APPEAL, FILED AGAINST
THE JUDGMENT AND DECREE DTD:24.06.2008 AND THE
DECREE PASSED IN O.S. NO.125/2007 ON THE FILE OF THE I
2
ADDL. CIVIL JUDGE (JR.DN.), BELLARY, DISMISSING THE SUIT
FILED FOR DELIVERY OF POSSESSION.
THIS RSA COMING ON FOR HEARING ON
INTERLOCUTORY APPL ICATION THIS DAY, THE COURT ,
DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for parties submit that subject
matter of appeal has been compromised between the
parties in the following terms:
"1) T he appellant herein (V K iran K umar) has
agreed to pay a sum of Rs.5,00,000/- (Rupees
Five Lakh Only) to the respondent towards full and
final settlement.
2) The respondent herein (Kennady Bhaskar)
has agreed that, on receipt of Rs.5,00,000/-
(Rupees Five Lakh Only) from the appellant, he is
transferring the schedule property to the
appellant's name with immediate effect and
thereby he has no objections to mutate or transfer
the khata in the name of appellant.
3) From now onwards, i.e., from today, the
appellant has become the absolute owner of the
schedule property.
4) The appellant is entitled to absolute right,
title and interest in and over the schedule
property, which is more fully described in the "A"
Schedule of this compromise.
5) The respondent has no right and title ,
interest over the schedule property which is more
fully described in "A" schedule of this compromise
petition.
6) The appellant is entitled to get mutation
in his name , in the records of Municipal
Corporation of Ballari, from the name of
respondent, as per this compromise petition. Both
the parties agreed to bear their own costs.
"A" SCHEDULE
The property situated within the Registration
District and Sub-Registration Dist. Of Ballari
bearing plot No.57 in T S No.1210/A along with a
shed built therein situated in old CMC Ward No.19
& present CMC Ward no.23, CTS Ward No.XVII
Block No.9, Babu Naidu Lane Gadang Street, Cowl
Bazar, Ballari. M easuring Eest-West+ 22 ft. &
North-South=36 ft. Bounded as follows:
East : Plot No.58, West : Plot No.56
North : Lane South: Lane"
2. Parties are present before this Court and are
identified by respective counsel.
3. On interaction, parties have stated that
compromise has been entered into out of their own free
will and without any threat, undue influence from
anybody.
4. I have perused the terms of compromise. They
are lawful and in the best interest of parties.
5. In terms of the compromise, appellant has
today handed over cheque dated 11.03.2022 for a sum of
Rs.80,000/- drawn on IDBI Bank, Parvathi Nagar, Bellary
branch in favour of V.K.Bhasker and another cheque of
Rs.4,20,000/- dated 11.03.2022 drawn on IDBI Bank,
Parvathi Nagar, Bellary branch in favour of V.K.Bhasker.
Respondent acknowledges receipt of the same.
6. Compromise is accepted. In view of
compromise, appeal is allowed. Judgment and decree
passed by II Additional District Judge at Bellary in
R.A.No.135/2012 dated 14.03.2012 is modified to the
extent and in terms of the compromise.
SD/-
JUDGE
K GK
