Karnataka High Court
H R Ramanatha Setty vs The Branch Manager on 5 December, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:44417
RFA No. 1074 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1074 OF 2009(PAR/INJ)
BETWEEN:
H R RAMANATHA SETTY
S/O LATE H V RANGA SETTY
AGED 64 YEARS
RESIDING AT NO.14/21,
GIRISHANKAR COMPLEX, 1ST FLOOR,
80 FEET ROAD, PADMANABHA NAGAR,
BSK II STAGE,
BANGALORE-560070
PRESENTLY RESIDING AT NO.17/1
I CROSS, III BLOCK, GRAPE GARDEN
THYAGARAJA NAGAR
BANGALORE.
...APPELLANT
(BY SRI PRASANNA V R, ADVOCATE)
Digitally AND:
signed by R
MANJUNATHA
Location:
HIGH COURT 1. THE BRANCH MANAGER
OF
KARNATAKA LIFE INSURANCE CORPORATION OF INDIA
ST. MARKS ROAD,
BANGALORE-560 025
2. SRI A A GUPTA
FATHER'S NAME NOT KNOWN TO THE APPELLANT
AGE : MAJOR,
RESIDING AT NO.125
A.S.ACHAR STREET
BANGALORE-560053
-2-
NC: 2023:KHC:44417
RFA No. 1074 of 2009
3. THE MYSORE SILK CLOTH MERCHANTS
CO-OPERATIVE BANK LTD,
NO.1/1, SANJEEVA NAIK LANE,
AVENUE ROAD CROSS,
BANGALORE-560 002,
REPRESENTED BY ITS ACCOUNTANT
(R-3 DELETED)
...RESPONDENTS
(BY SRI KAMALESHWARA POOJARY, ADVOCATE FOR R1;
SRI A.Y.N.GUPTA, ADVOCATE FOR C/R2;
SRI H.V.SHIVAKUMAR, ADVOCATE FOR R-3, VIDE ORDER
DATED 05.12.2023, R3 IS DELETED)
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.16765/2002 ON
THE FILE OF THE XIII ADDL. CITY CIVIL JUDGE, MAYO HALL
UNIT, BANGALORE, DISMISSING THE SUIT FOR DECLARATION
AND PERMANENT INJUNCTION.
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.1076/2009.
2. Learned counsel for the appellant has filed a Memo which
reads as under:
"The appellant respectfully submits that since the
loan availed from the 3rd respondent being settled and as
there is no claim against the 3rd respondent in the present
appeal, the appellant may be permitted to delete the 3rd
respondent from the appeal in the ends of justice."
NC: 2023:KHC:44417
3. In view of the memo, respondent No.3 is deleted from
the purview of the appeal, at the risk of the appellant.
4. 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.
LIC of India -respondent No.1 is also represented by
Swaranakamal Associates.
5. 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
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.
6. 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:
NC: 2023:KHC:44417
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
kcm
