Smt. Uma Rao vs Smt. V. Suneetha Gujjar
2023 Latest Caselaw 5895 Kant

                                        -1-
                                                  NC: 2023:KHC:30194
                                                 RFA No. 587 of 2016




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 23RD DAY OF AUGUST, 2023

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.587 OF 2016 (INJ)
            BETWEEN:

            SMT. UMA RAO
            D/O SRI N.S.V. SHASTRY,
            W/O SRI B.J. RAO,
            AGED ABOUT 66 YEARS,
            RESIDING AT DOOR NO. 161,
            11TH MAIN ROAD,
            SARASWATHIPURAM,
            MYSORE-570 009.
                                                        ...APPELLANT
            (BY SRI GANAPATHI BHAT, ADVOCATE)
            AND:

            SMT. V. SUNEETHA GUJJAR
            W/O SRI VIJAY SINGH GUJJAR,
            AGE : MAJOR,
            NO.31/2, O.K. ROAD CROSS
Digitally   MEDARPET,
signed by
MALATESH    BENGALURU-560 002.
KC                                                    ...RESPONDENT
Location:
HIGH        (BY SRI RAGHAVENDRA K N, ADVOCATE)
COURT OF
KARNATAKA        THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
            96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
            DECREE DATED 19.02.2016 PASSED IN OS.NO.3264/2011 ON
            THE FILE OF THE XXXI ADDL. CITY CIVIL AND SESSIONS
            JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR
            PERMANENT INJUNCTION AND POSSESSION.

                 THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
            THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2023:KHC:30194
                                          RFA No. 587 of 2016




                           JUDGMENT

Parties are present with their respective counsel.

A compromise petition under Order XXIII Rule 3 of the

Code of Civil Procedure signed by the parties and their

respective counsel is presented before the Court, along with

sketch, in terms of the compromise petition.

The contents of the compromise petition is read over to

the parties. Parties submit that the terms of the compromise

petition including sketch depict the true terms of settlement.

They also unequivocally submit that there is force, coercion or

undue influence to reach out the compromise.

Accordingly, there is no impediment for this Court to

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

Hence, the following:

ORDER

(i) Appeal stands disposed of in terms of the compromise petition.

(ii) Office is directed to draw decree in terms of the compromise petition appending the copy of compromise petition and sketch as part of the decree.

NC: 2023:KHC:30194 RFA No. 587 of 2016

(iii) Parties to bear their own costs.

(iv) Appellant is entitled for the refund of permissible Court Fee.

Sd/-

JUDGE

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