Karnataka High Court
Smt. Muniyamma Since Decd By Lrs vs Muniyellappa on 22 March, 2022
Bench: P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
REGULAR FIRST APPEAL NO.1411 OF 2003 (INJ)
BETWEEN:
1. SMT. MUNIYAMMA
SINCE DECEASED, BY LEGAL REPRESENTATIVES:
1(a) SMT. DATTATRI DEVI
W/O. VENKATESH,
AGED ABOUT 68 YEARS,
RESIDING AT VASANTHANAGAR,
BENGALURU.
1(b) SRI RAMESH
S/O. VENKATARAM,
HINDU, MAJOR,
NO.38/49, VASANTHAPPA GARDEN,
DOOPANAHALLY,
BENGALURU-560 008.
1(c) NARAYANI
SINCE DECEASED, BY LEGAL REPRESENTATIVE:
1(c)(a) AMITHA JYOTHI
D/O. NARAYANI,
AGED ABOUT 61 YEARS.
1(c)(b) BHARATHI SHYAMRAJ
D/O. NARAYANI,
AGED ABOUT 46 YEARS.
APPELLANT NOS.1(c)(a & b) ARE
RESIDING AT NO.13 G MAIN ROAD,
DOOPANAHALLI, HAL 2ND STAGE,
INDIRANAGAR,
BENGALURU-560 038.
2
2. KRISHNAMMA
D/O. PAPAIAH,
AGED ABOUT 58 YEARS,
RESIDING AT DOOPANAHALLI,
HAL 2ND STAGE,
BENGALURU-560 038.
... APPELLANTS
(BY SRI ANIL KUMAR SHETTY, ADV., FOR SRI S. SHAKER SHETTY)
AND:
1. MUNIYELLAPPA
SINCE DECEASED, BY LEGAL REPRESENTATIVES:
1(a) YELLAMMA
W/O. LATE MUNIYELLAPPA,
AGED ABOUT 57 YEARS.
1(b) MANJUNATH
S/O. LATE MUNIYELLAPPA,
AGED ABOUT 29 YEARS.
BOTH ARE RESIDING AT
NO.35/4A, YELLAMMA TEMPLE ROAD,
DOOPANNAHALLI, HAL 2ND STAGE,
BENGALURU-560 038.
2. ANJANAPPA
SINCE DECEASED, BY LEGAL REPRESENTATIVES:
2(a) JAYAMMA
W/O. LATE ANJANAPPA,
SINCE DEAD, BY LEGAL REPRESENTATIVES:
2(b) LAKSHMI
W/O. MADAPPA,
D/O. LATE ANJANAPPA.
2(c) KAMALA
D/O. LATE ANJANAPPA.
2(d) SHOBA
D/O. LATE ANJANAPPA.
3
2(e) GAYATHRI
D/O. LATE ANJANAPPA.
NO.2(a) TO 2(e) ARE HINDUS, MAJOR,
RESIDING AT DOOPANAHALLI,
HAL 2ND STAGE,
BENGALURU.
3. PURUSHOTHAM
S/O. PULLIYAPPA,
HINDU, MAJOR,
RESIDING AT DOOPANAHALLI,
HAL 2ND STAGE,
BENGALURU.
... RESPONDENTS
(BY G.V.P. DAS, ADV., FOR SRI H.R. ANANTHA KRISHNAMURTHY)
***
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
THE C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 15-9-2003
PASSED IN O.S. NO.10271 OF 1988 ON THE FILE OF THE XXVIII
ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT, BENGALURU,
DECREEING THE SUIT FOR PERMANENT INJUNCTION AND
POSSESSION.
THIS REGULAR FIRST APPEAL IS COMING ON FOR FURTHER
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants and learned counsel
for the respondents along with their respective parties are
present before the Court. Respondent No.1(a) and respondent
No.3 appeared through video-conferencing and they are
identified by both the learned counsel.
2. The parties have filed a compromise petition under
Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and
along with the application, sketch map of the subject matter
of the dispute is enclosed and the parties have affixed their
signatures and thumb impressions on the backside of the
sketch map sheet.
3. The parties admit before me that they have gone
through the contents of the compromise petition and they
have fully understood the nature and terms of the
compromise and accordingly, they have admitted to the
compromise petition. Further, the respondents have also
admitted that they have received the amount mentioned at
paragraph No.11 of the compromise petition.
4. I am satisfied that the parties have subscribed their
signatures to the compromise petition, after having
understood the nature and terms of the compromise petition.
5. Compromise petition along with the sketch map is
placed on record.
6. Accordingly, the appeal is disposed of in terms of
the compromise petition.
Compromise petition and the sketch map shall form
part of the compromise decree. Draw up decree accordingly.
Sd/-
JUDGE
kvk
