Sri G K Rajappa vs Sri K Ramachandra
2022 Latest Caselaw 5217 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF MARCH, 2022

                        BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

       REGULAR SECOND APPEAL NO.347 OF 2022

BETWEEN:

SRI. G. K. RAJAPPA,
S/O LATE KRISHNAPPA,
AGED ABOUT 71 YEARS,
R/T GONUR VILLAGE,
LAKKUR HOBLI, MALUR TQ.,
KOLAR DISTRICT - 563 130.
                                           ...APPELLANT
(BY SMT.SUMITHRA G.M., ADVOCATE)

AND:

1.     SRI. K. RAMACHANDRA,
       S/O LATE KRISHNAPPA,
       AGED ABOUT 56 YEARS,

2.     SRI. K. SURESH,
       S/O LATE KRISHNAPPA,
       AGED ABOUT 53 YEARS,

3.     SRI. VENKATESHAPPA,
       S/O LATE KRISHNAPPA,
       AGED ABOUT 59 YEARS,

       ALL ARE R/AT GONUR VILLAGE,
       LAKKUR HOBLI, MALUR TQ.,
       NOW R/AT MINASANDRA VILLAGE,
       LAKKUR HOBLI,
       MALUR TALUK - 563 130.
                                        ...RESPONDENTS
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     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, PRAYING TO SET ASIDE THE
COMPROMISE DECREE DATED 11.01.2021 PASSED BY THE
SENIOR CIVIL JUDGE AT MALUR IN OS No.154/2020 AND
CONSEQUENTLY ALLOW THE APPEAL FILED BY THE APPELLANT
TO GRANT SUCH OTHER RELIEFS OR RELIEFS IN FAVOUR OF
THE APPELLANT BY CONSIDERING THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN INTEREST OF JUSTICE.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The office has raised an objection regarding

maintainability of the appeal, since the decree challenged

in this appeal is based on a compromise petition that was

reported in O.S.No.154/2020.

2. It is seen that a compromise decree in

O.S.No.154/2020 is sought to be challenged in this second

appeal. This appeal is clearly not maintainable. In view of

the above, the office-objection raised regarding

maintainability is upheld. Hence, it is dismissed as not

maintainable.

It is open for the appellant to avail such remedy as is

permissible under law to challenge the compromise decree

in O.S.No.154/2020.

The Registry is directed to return the impugned

judgment and decree in O.S.No.154/2020 after obtaining

the certified copy of the same.

Sd/-

JUDGE

NR/-