Mogannagowda vs Smt A L Leelavathi
2022 Latest Caselaw 5675 Kant

Citation : 2022 Latest Caselaw 5675 Kant
Judgement Date : 29 March, 2022

Karnataka High Court

Mogannagowda vs Smt A L Leelavathi on 29 March, 2022

Bench: R. Nataraj

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 29TH DAY OF MARCH, 2022

                      BEFORE

         THE HON'BLE MR. JUSTICE R. NATARAJ

REGULAR SECOND APPEAL NO.1574 OF 2018 (DEC/INJ)


BETWEEN:

MOGANNAGOWDA
AGED ABOUT 60 YEARS
S/O NARASIMHE GOWDA
R/O AGILE VILLAGE
KASABA HOBLI, HASSAN TALUK
HASSAN DISTRICT
PIN: 573 201.
                                       ... APPELLANT
(BY SRI.SHIVARAMU H C, ADVOCATE)

AND:

SMT. A L LEELAVATHI
AGED ABOUT 48 YEARS
W/O KRISHNA
HEMAVATHI NAGARA
2ND MAIN ROAD, "SUNIL NILAYA"
HASSAN - 573 201.
                                      ...RESPONDENT
(BY SRI. PRAKASH M PATIL)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 25.04.2018 PASSED IN R.A.NO.1/2014 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE, HASSAN,
DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DTD:30.11.2013 PASSED IN OS
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NO.514/2011 ON THE FILE OF THE II ADDITIONAL CIVIL
JUDGE, HASSAN.

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

                             JUDGMENT

This appeal is filed by the defendant challenging the

concurrent finding of the fact recorded by both the Courts

that the plaintiff is the owner of the suit property and that

she is entitled for perpetual injunction against the

defendant from interfering with her possession.

2. When this appeal was listed for admission,

parties have settled the dispute amicably and they have

filed a compromise petition under Order XXIII Rule 3 R/w

Section 151 of CPC, the terms of which reads as follows:

"The appellant/defendant has challenged above RA No.1/2014 dated 25.04.2018 before this Hon'ble Court by filing the above appeal. The above matter is posted today for Admission in the mean time the both the parties have agreed for settlement. Hence, both the parties have agreed for settlement. Hence, both parties are filing the above compromise petition on the following terms:

i. The respondent/plaintiff has agreed and hereby paid a sum of Rs.5,00,000/- by way of cash to the appellant before this Hon'ble Court and same has been acknowledged by the appellant/defendant.

ii. The appellant/defendant admits the ownership of the respondent / plaintiff over the suit schedule properties and further undertakes that he shall not interfere with the peaceful possession and enjoyment of the suit schedule properties.

iii. The parties shall have no claims against each other in future.

Wherefore, the judgment and Decree passed by the trial Court in OS No.514/2011 dated 30.11.2013 and judgment passed in RA No.1/2014 dated 25.04.2018 may be confirmed and the above appeal may be dismissed in terms of the above compromise petition in the interest of justice and equity".

3. Since the compromise is just and fair, the

same is accepted and the impugned judgment passed by

the trial Court and first appellate Court are confirmed.

4. By virtue of the compromise, the

appellant/defendant has received a sum of Rs.5,00,000/-

(Rupees Five Lakhs only) by cash as an ex-gratia payment

from the respondent/plaintiff and the appellant/defendant

has admitted ownership of the respondent/plaintiff and

undertakes not to interfere with the possession of the

plaintiff in the suit property.

5. Parties are present in person and are identified

by their respective counsels. They have signed the order