Sri. K.M. Renukaradhya vs Sri T.H.M. Virupakshaiah
2023 Latest Caselaw 5513 Kant

                                             -1-
                                                          NC: 2023:KHC:28323
                                                        RSA No. 1023 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF AUGUST, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1023 OF 2019 (DEC)

                   BETWEEN:

                   SRI. K.M. RENUKARADHYA
                   S/O VEERABHADRAIAH,
                   AGED ABOUT 29 YEARS,
                   OCC: JOURNALIST,
                   R/O HALAVAGALU VILLAGE,
                   HARAPANAHALLI TALUK,
                   DAVANAGERE DISTRICT-577 101.
                                                            ...APPELLANT
                   (BY SRI VIJAYAKUMAR Y.H, ADVOCATE)

                   AND:

                   1.     SRI T.H.M. VIRUPAKSHAIAH
                          SINCE DECEASED ARE REPRESENTED BY HIS
                          LEGAL REPRESENTATIVES
Digitally signed
by SHARANYA T
Location: HIGH     1(a) T.H.M.PARVATHAMMA
COURT OF                W/O LATE T.H.M.VIRUPAKSHAIAH
KARNATAKA
                        AGED ABOUT 68 YEARS
                        HOUSE WIFE
                        RESIDENT NO.444,
                        11TH WARD, SUNGAR STREET,
                        HARAPANAHALLI TOWN
                        DAVANAGERE DISTRICT-583 131.

                   1(b) T.H.M.MAHESH
                        S/O LATE T.H.M.VIRUPAKSHAIAH
                        AGED ABOUT 49 YEARS
                        ADVOCATE, RESIDENT NO.444,
                        11TH WARD, SUNGAR STREET,
                           -2-
                                      NC: 2023:KHC:28323
                                    RSA No. 1023 of 2019




     HARAPANAHALLI TOWN
     DAVANAGERE DISTRICT-583 131.

1(c) T.H.M.SHIVAKUMAR
     S/O LATE T.H.M.VIRUPAKSHAIAH
     AGED ABOUT 48 YEARS
     CONTRACTOR
     R/O. PLOT NO.35, 31ST WARD
     RAJATHAGIRI HOUSE
     NEAR JOLADARASHI GUDDA
     VIVEKANANDA NAGAR
     HOSPET-583 201.

1(d) T.H.M.MANJUNATHA
     S/O LATE T.H.M.VIRUPAKSHAIAH
     AGED ABOUT 44 YEARS
     ADVOCATE, RESIDENT No.444,
     11TH WARD, SUNGAR STREET
     HARAPANAHALLI TOWN
     DAVANAGERE DISTRICT-583131.

2.   SRI K.SATHYANARAYANA
     S/O VEERARAJU,
     AGED ABOUT 52 YEARS,
     OCC: AGRICULTURIST,
     RESIDENT OF NO.1602/2/C4,
     LAXMIVENKATESHWARA NILAYA,
     RING ROAD, 10TH CROSS,
     SHANTHINAGAR,
     DAVANAGERE-583131.
                                        ...RESPONDENTS

(BY SRI N. PRAVEEN KUMAR, ADVOCATE FOR R1[a - d]; SRI Y.G.MITHUN KUMAR, ADVOCATE FOR R2)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.03.2019 PASSED IN R.A.NO.10/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HARAPANAHALLI AND ETC.

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

NC: 2023:KHC:28323 RSA No. 1023 of 2019

J U D G M E NT

The parties and their respective counsel are present

before the Court and filed a compromise petition under

Order XXIII Rule 3 read with Section 151 of CPC.

2. The parties have understood the terms of

compromise. Respondent No.1(a) to (d) and respondent

No.2 admitted that the appellant herein is the absolute

owner and in possession of the land bearing Sy.No.89,

new Sy.No.89/C measuring 2 acres situated at Nittur

village, Harapanahalli taluk and the house property

bearing No.52 situated at Halavagalu village,

Harapanahalli taluk. The appellant also paid an amount of

Rs.9,00,000/- to respondent No.1(a) to (d) and

respondent No.2 in terms of the compromise arrived

between them and the respondents also acknowledged the

receipt of the said amount. Hence, in terms of compromise

arrived between the parties, the appeal is allowed.

NC: 2023:KHC:28323 RSA No. 1023 of 2019

3. Registry is directed to draw decree accordingly

and to refund the Court fee, if any, in accordance with law.

Sd/-

JUDGE

SN