H R Chaitra vs The Branch Manager
2023 Latest Caselaw 9347 Kant

Karnataka High Court

H R Chaitra vs The Branch Manager on 5 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2023:KHC:44415
                                                  RFA No. 1076 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 05TH DAY OF DECEMBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.1076 OF 2009(PAR/INJ)
              BETWEEN:

              H R CHAITRA
              D/O H.R.RAMANATHA SETTY
              AGED 31 YEARS,
              RESIDING AT NO.14/21,
              GIRISHANKAR COMPLEX
              1ST FLOOR, 80 FEET ROAD
              PADMANABHA NAGAR,
              BSK III STAGE
              BANGALORE-560 070

              REPRESENTED BY ITS GPA HOLDER
              H.R.RAMANATHA SETTY
              RESIDING AT No.14/21,
              GIRISHANKAR COMPLEX
              1ST FLOOR, 80 FEET ROAD
              PADMANABHA NAGAR,
Digitally     BSK III STAGE
signed by R
MANJUNATHA    BANGALORE-560 070
Location:                                                 ...APPELLANT
HIGH COURT
OF
KARNATAKA     (BY SRI PRASANNA V R, ADVOCATE)

              AND:
              1.    THE BRANCH MANAGER
                    LIFE INSURANCE CORPORATION OF INDIA
                    ST. MARKS ROAD,
                    BANGALORE-560 025.

              2.    A.A.GUPTA
                    FATHER'S NAME NOT KNOWN TO THE APPELLANT
                                -2-
                                           NC: 2023:KHC:44415
                                         RFA No. 1076 of 2009




     AGE: MAJOR, RESIDING AT NO.125,
     A.S.ACHAR STREET
     BANGALORE-560 053
                                              ...RESPONDENTS

(BY SRI SUNIL KUMAR.K, FOR SRI H.S.LINGARAJ, ADVOCATES
FOR R1;
SRI A.Y.N.GUPTA, ADVOCATE FOR C/R2)


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 02.07.2009 PASSED IN O.S.No.16767/2002 ON
THE FILE OF THE XIII ADDL. CITY CIVIL JUDGE, MAYO HALL
UNIT, BANGALORE, DISMISSING THE SUIT FOR PERMANENT
INJUNCTION AND DECLARATION.

     THIS REGULAR FIRST APPEAL, COMING ON                  FOR
HEARING,  THIS  DAY, THE  COURT  DELIVERED                 THE
FOLLOWING:
                         JUDGMENT

This appeal is delinked from RFA No.1075/2009 and RFA

No.1074/2009.

2. Appellant is present. Respondent No.2-Sri A.A.Gupta is

present. On behalf of respondent No.1-LIC of India, Sri Sunil

Kumar K, representing Sri H.N.Lingaraju, advocate, is present.

3. Compromise Petition is filed under Order XXIII Rule 3 of

Code of Civil Procedure, signed by the appellant, respondent

No.2 and their respective advocates. The contents of the

compromise petition is read over to the parties. Parties submit

NC: 2023:KHC:44415

that the terms of the compromise petition depict the true terms

of settlement. They also unequivocally submit that there is no

force, coercion or undue influence in reaching out the

compromise.

4. 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 modified decree in terms of the compromise petition, appending the copy of the compromise petition as part of the decree.

(iii) No order as to costs.

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

Sd/-

JUDGE

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