Lakkappa vs Doddaiah
2023 Latest Caselaw 9670 Kant

Karnataka High Court

Lakkappa vs Doddaiah on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                      NC: 2023:KHC:44476
                                                    RFA No. 1009 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                       REGULAR FIRST APPEAL NO.1009 OF 2008
              BETWEEN:

              1.     LAKKAPPA
                     S/O NANJAPPA
                     SINCE DEAD BY LEGAL REPRESENTATIVES

              1(a) SRI KRISHNAPPA
                   S/O LATE LAKKAPPA
                   AGED ABOUT 55 YEARS
                   RESIDING AT NO.18/35, 3RD MAIN
                   MARENAHALLI,
                   VINAYAKA LAYOUT
                   VIJAYANAGARA,
                   BENGALURU - 560 040

              1(b) SRI NARAYANAPPA
                   S/O LATE LAKKAPPA
Digitally          AGED ABOUT 50 YEARS
signed by R        R/O SHIVAKOTE VILLAGE AND POST
MANJUNATHA
                   HESARGHATTA HOBLI
Location:
HIGH COURT         BANGALORE NORTH TALUK
OF                 BENGALURU - 560 089.
KARNATAKA
              1(c)   SMT.AMMAYAMMA
                     D/O LATE LAKKAPPA
                     W/O BEERAPPA
                     AGED ABOUT 46 YEARS
                     R/O 23RD WARD, DANDUPALYA
                     HOSKOTE TOWN -562 114
                     BENGALURU RURAL DISTRICT.
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                                       NC: 2023:KHC:44476
                                     RFA No. 1009 of 2008




1(d) KANTHAMMA
     D/O LATE LAKKAPPA
     W/O LATE HONNAPPA
     AGEDA BOUT 44 YEARS
     R/O MUNIMALLAPPA COMPOUND
     ATTIGUPPE, VIJAYANAGAR
     BENGALURU - 560 040.
                                             ...APPELLANTS
(BY SRI S NARENDRA, ADVOCATE)

AND:

1.     DODDAIAH
       S/O NANJAPPA
       SINCE DEAD BY HIS LRS

1(a) SMT.HONNAMMA
     AGED ABOUT 65 YEARS
     W/O LATE DODDAIAH

1(b) SMT. SIDDAGANGAMMA
     AGED ABOUT 42 YEARS
     D/O LATE DODDAIAH,

1(c)   SMT. SHOBHA
       AGED ABOUT 41 YEARS,
       D/O LATE DODDAIAH,

1(d) SMT. SADASHIVAMMA
     AGED ABOUT 37 YEARS
     D/O LATE DODDAIAH,

1(e) SMT. ANITHA
     AGED ABOUT 36 YEARS,
     D/O LATE DODDAIAH,

       RESPONDENTS NO.1(a) to 1(e) ARE
       RESIDING AT NO.18/35, (OLD NO.16/4)
       1ST MAIN, VINAYAKA LAYOUT,
       MARENAHALLI
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                                           NC: 2023:KHC:44476
                                         RFA No. 1009 of 2008




       VIJAYANAGARA,
       BANGALORE - 560 040
                                              ...RESPONDENTS
(BY SRI S.N.PRASHANTH CHANDRA, ADVOCATE)

     THIS REGULAR FIRST APPEAL IS FILED U/S 96 R/W
ORDER 41 RULE 1 OF THE CIVIL PROCEDURE CODE AGAINST
THE JUDGEMENT AND DECREE DATED 13.8.08 PASSED IN OS
NO.5434/91 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE,
BANGALORE,   DECREEING     THE   SUIT   FOR    SPECIFIC
PERFORMANCE.

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

Parties are present with their respective counsels. They

present a joint compromise petition under Order XXIII Rule 3

CPC. Contents of the joint memo read over to the parties,

parties have agreed that the contents of the joint memo depicts

the true terms of settlement and there is no force, undue

influence or coercion in reaching out the compromise terms. As

such, there is no impediment for this Court to accept the joint

memo and dispose of the appeal in terms of the joint memo.

2. Out of the compromise amount of Rs.60,75,000/-, today

Rs.30,75,000/- is handed over by way of demand draft.

Balance of Rs.30,00,000/- should be handed over on or before

30.01.2024.

NC: 2023:KHC:44476

3. The respondent acknowledge receipt of Rs.30,75,000/- by

way of two demand drafts by signing the ordersheet.

Accordingly, following order is passed:

ORDER

Appeal stands disposed of in terms of compromise

petition.

Office is directed to pass a modified decree in terms of

compromise petition appending the copy of the compromise

petition as part of the decree.

No order as to costs.

Relist this matter on 1st week of February, 2024 for

compliance.

Sd/-

JUDGE

MR