Karnataka High Court
Sri. Prakash S/O Narayanappa ... vs Narayanappa S/O Bhimappa Shavi on 10 August, 2023
Bench: Sreenivas Harish Kumar, Ramachandra D. Huddar
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NC: 2023:KHC-D:8760-DB
RFA No. 100444 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 100444 OF 2018 (PAR)
BETWEEN:
1. SRI. PRAKASH S/O. NARAYANAPPA SHAVI,
AGE: 41 YEARS, OCC: PRIVATE EMPLOYEE,
R/O: AKSHAYA PARK, LIG 14, HOUSE NO.202,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580030.
2. SRI. UDAYKUMAR S/O. NARAYANAPPA SHAVI,
AGE: 35 YEARS, OCC: MECHANIC,
R/O: JAGURTHI CO-OPERATIVE HOUSING SOCIETY,
PLOT NO.12, FLAT-5, SECTOR-IV,
KOPARKHAIRNE, NAVI MUMBAI.
...APPELLANTS
(BY SRI. RAJASHREE, ADVOCATE)
AND:
1. NARAYANAPPA S/O. BHIMAPPA SHAVI,
AGE: 66 YEARS, OCC: NIL,
R/O: RAGHAVENDRA RESIDENCY,
VINAYAKA PLOT NO.4/7, FLAT NO.403, "SUN CITY ESTATE",
BV SULLAD ROAD, HUBBALLI,
Digitally signed by DIST: DHARWAD-580025.
VINAYAKA B V
Location: DHARWAD
Date: 2023.08.16
11:17:55 -0700
2. SMT. GEETA W/O. MEGHARAJ VANNAL,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: AKSHAYA COLONY, 2ND PHASE,
HOUSE NO.299, GOKUL ROAD, UDAM NAGAR,
HUBBALLI, DIST: DHARWAD-580030.
...RESPONDENTS
(BY SRI R.H. ANGADI, ADV. FOR R1 AND R2)
THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DTD: 28.08.2018 PASSED IN O.S. NO.
41/2016 ON THE FILED OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI,
DISMISSING THE SUIT FILED FOR PARTITION.
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NC: 2023:KHC-D:8760-DB
RFA No. 100444 of 2018
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Appellants, respondents and their respective counsels
are present before the Court.
2. The compromise petition is filed under Order
XXIII Rule 3 of CPC reporting compromise between the
appellants and the respondents.
3. The contents of the compromise petition are read
over and explained to the appellants and respondents in
Kannada language known to them and they admit the
contents of the same.
4. The shares have been allotted between the
appellants and the respondents as per the compromise
petition.
5. We are satisfied with the terms of the
compromise.
6. In view of the compromise arrived at between the
appellants and respondents, the appeal is allowed and
NC: 2023:KHC-D:8760-DB
RFA No. 100444 of 2018
consequentially, the suit of the appellants-plaintiffs is
decreed in terms of the compromise petition.
7. There shall be final decree in terms of
compromise petition.
8. Office shall draw final decree after collecting
necessary duties.
9. No order as to costs.
10. The compromise petition so filed forms part and
parcel of the final decree.
Sd/-
JUDGE
Sd/-
JUDGE
EM
