Karnataka High Court
Smt Champakavthi vs Sri R B Muthu Raju on 10 August, 2023
Bench: K.Natarajan
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NC: 2023:KHC:28382
RFA No. 864 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO.864 OF 2021 (INJ)
BETWEEN:
1. SMT CHAMPAKAVTHI
W/O LATE RANGASWAMY,
AGED ABOUT 57 YEARS,
2. SRI KUMARASWAMY
S/O LATE RANGASWAMY,
AGED ABOUT 31 YEARS,
BOTH OF THEM ARE R/AT NO.91,
7TH CROSS, DWARAKANAGARA,
NEAR PES COLLEGE,
BSK III STAGE, HOSAKEREHALLI,
BENGALURU-560 085.
Digitally signed ...APPELLANTS
by VANDANA S (BY SRI. T SESHAGIRI RAO AND
SRI. SUNIL S. RAO, ADVOCATES)
Location: High
Court of AND:
Karnataka
SRI R B MUTHU RAJU
S/O SRI R C BASAVARAJU,
AGED ABOUT 42 YEARS,
R/AT NO.49, CHOWDESHWARI NILAYA,
2ND CROSS, SRIRANGA NAGARA,
BSK III STAGE,
BENGALURU-560 085.
...RESPONDENT
(BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE)
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NC: 2023:KHC:28382
RFA No. 864 of 2021
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED 31.08.2021 PASSED IN O.S.NO.7756/2018 ON THE FILE
OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY, DECREEING THE SUIT FOR INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the appellants - defendants under
Section 96 r/w 41 Rule 1 CPC seeking for setting aside the
impugned judgment and decree dated 31.08.2021 passed
in O.S.No.7756/2018 by the XII Addl. City Civil & Sessions
Judge, Bengaluru, in respect of the suit schedule A, B, C
and D properties.
2. Heard learned counsel for the appellants and
learned counsel for the respondents.
3. Rank of the parties before the Trial Court is
retained for the sake of convenience.
4. During pendency of this appeal, the appellants
as well as respondent have filed a Memorandum of
Compromise under Order XXIII Rule 3 CPC. In terms of
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RFA No. 864 of 2021
the compromise, the respondent - plaintiff has agreed to
pay Rs.15,00,000/- to the appellants - defendants and
appellants - defendants have agreed to give up their rights
in respect of suit schedule A, B, C and D properties and at
the request of respondent - plaintiff, appellants -
defendants have agreed to execute any Rectification Deed
to the Sale Deed dated 08.09.2016 registered before the
Sub-Registrar, Basavanagudi (Banashankari), Bengaluru.
5. The respondent - plaintiff has already paid
Rs.15,00,000/- by way of two Demand drafts for
Rs.7,50,000/- each. Further, both parties have submitted
that they have ended the dispute between them.
6. The said Memorandum of Compromise is
accepted.
7. Being satisfied with the terms and conditions
contained in the compromise application, the appeal is
allowed-in-part by modifying the impugned judgment and
decree passed by the Trial Court and substituting the
NC: 2023:KHC:28382
RFA No. 864 of 2021
same with the terms and conditions of the said
compromise application.
8. Registry is directed to draw up decree
accordingly.
9. Copy of the order sheet be sent to the Trial
Court along with the Trial Court Records, if any.
Sd/-
JUDGE
SV
