Karnataka High Court
M/S Vasthu Builders vs A R Meera W/O A.B. Ravishankar on 23 August, 2023
Bench: V Srishananda
-1-
NC: 2023:KHC:30195
RFA No. 93 of 2008
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.93 OF 2008(SP)
BETWEEN:
1. M/S VASTHU BUILDERS
A REGISTERED PARTNERSHIP FIRM
NO.14, QUEENS ROAD, CIVIL STATION
BENGALOORU-560 001
REPRESENTED BY ITS POWER OF
ATTORNEY HOLDER MALLIKARJUN
2. MALLIKARJUN
MAJOR, MANAGING DIRECTOR
LEKKAD SALES(P) LTD.,
NO.4/3, CUNNINGHAM ROAD
BENGALOORU-560 052
SINCE DEAD BY LEGAL REPRESENTATIVES
2(a) VEDA MALLIKARJUN
Digitally
signed by R W/O LATE MALLIKARJUN
MANJUNATHA AGED ABOUT 72 YEARS
Location:
HIGH COURT
OF 2(b) L.M.PRITHVIRAJ
KARNATAKA
S/O LATE MALLIKARJUN
AGED ABOUT 48 YEARS
2(c) L.M.SAGAR
S/O LATE MALLIKARJUN
AGED ABOUT 42 YEARS
ALL ARE RESIDING AT NO.4/3
CUNNINGHAM ROAD,
-2-
NC: 2023:KHC:30195
RFA No. 93 of 2008
BENGALURU - 560 052
...APPELLANTS
(BY SMT.JYOTHI S. KEMPEGOWDAR, FOR
SRI G S PRASANNA KUMAR, ADVOCATE)
AND:
A R MEERA
W/O A.B.RAVISHANKAR
MAJOR, COFFEE PLANTER
THIPPANAHALLI ESTATE
PB # 160, CHIKKAMAGALUR POST
CHIKKAMAGALUR DISTRICT
...RESPONDENT
(BY SRI H.S.CHANDRAMOULI, SR. COUNSEL APPEARING FOR
SRI G.B.SHASTRY ALONG WITH RAJATH, ADVOCATES)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 26.7.2007 PASSED IN O.S.NO.4252/94 ON THE
FILE OF THE VII ADDITIONAL CITY CIVIL JUDGE, BANGALORE
(CCH-19), DECREEING THE SUIT FOR SPECIFIC PERFORMANCE
OF CONTRACT AND PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called out. On behalf of the appellants learned
counsel Smt. Jyothi S. Kempegoudar is present. Appellant No.2
(b) by name Sri L.M. Prithviraj is present. Earlier appellant No.1
Vasthu Builders was represented by appellant No.2 Sri
Mallikarjun, who was one of the partner and power of attorney
holder of the firm.
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RFA No. 93 of 2008
2. On the death of Sri Mallikarjun, necessary applications
have been filed to bring the legal representatives of Sri
Mallikarjun namely; Veda Mallikarjun, L.M. Prithviraj, L.M.
Sagar, being the wife and children of Sri Mallikarjun. As such,
appellant Nos.1 and 2 are is now represented by wife and
children of Sri Mallikarjun.
3. Sri L.M. Pruthviraj is the power attorney holder of Smt.
Veda Mallikarjun, who is the mother of Sri L.M. Prithviraj and
Sri L.M. Sagar, who is the brother of Sri L.M. Prithviraj.
4. Respondent Smt. A.R. Meera, is present. She is
represented by Sri H.S. Chandramouli, learned Senior Counsel
appearing for and on behalf of G. Balakrishna Shastry.
5. Parties are present. A joint compromise petition under
Order 23 Rule 3 of Code of Civil Procedure is filed by Sri L.M.
Prithviraj, L.M. Sagar and Smt. Meera, signed by Smt. Veda
Mallikarjun, Sri L.M. Prithviraj, Sri L.M. sagar and Smt.A.R.
Meera.
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RFA No. 93 of 2008
6. Before the Court for acceptance of the compromise
petition, Sri L.M. Pruthviraj represents Smt. Veda Mallikarju
and Sri L.M. Sagar.
7. Compromise petition is also signed by respective
counsels.
8. Contents of the joint compromise petition is read over to
the parties.
9. Parties have agreed that the terms of the compromise
petition depict true terms of settlement and there is no force,
undue influence or coercion in reaching out the terms of the
compromise.
10. As such, there is no impediment for this Court to dispose
of the appeal in terms of the compromise petition.
Hence, the following order is passed:
ORDER
Appeal stands disposed of in terms of the
compromise petition.
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RFA No. 93 of 2008
Office is directed to draw a decree in terms of
the compromise petition appending the copy of
compromise petition as part of the decree.
No order as to costs.
Sd/-
JUDGE
MR
