Karnataka High Court
G M Siddalingaiah vs Kariyappa on 8 December, 2023
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NC: 2023:KHC:44785
RSA No. 889 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.889 OF 2021 (SP)
BETWEEN:
G M SIDDALINGAIAH
AGED ABOUT 68 YEARS,
S/O LATE MARULASIDDAIAH, MALLESHWARA
EXTENSION, HULIYAR HOBLI,
CHIKKANAYAKANAHALLI TQ,
TUMAKURU DISTRICT-572101
...APPELLANT
(BY SRI. VINAYA KEERTHY M, ADVOCATE)
AND:
1. KARIYAPPA
AGED ABOUT 55 YEARS,
Digitally S/O KENCHAPPA
signed by
CHAITHRA A
2. NAGARATHNAMMA
Location:
HIGH AGED ABOUT 50 YEARS,
COURT OF W/O KARIYAPPA
KARNATAKA
3. NAGAVENI
AGED ABOUT 25 YEARS,
D/O KARIYAPPA
SL.NOS.1-3 ARE
RESIDENTS OF 1ST CROSS, 1ST MAIN,
KAGGADASAPURA MAIN ROAD, MAHADEVAPURA
OUTER RING ROAD, BENGALURU 560048
-2-
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RSA No. 889 of 2021
4. Y K THIPPESWAMY
AGED ABOUT 41 YEARS,
S/O KARE RANGAPPA, YAGACHIHALLI VILLAGE,
HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-572101
(DELETED AS PER COURT ORDER DATED: 8.12.2023)
...RESPONDENTS
(BY SRI. KUMARA SWAMY N, ADVOCATE FOR R1 TO 3;
V/O DTD: 8/12/2023, R4 DELETED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.04.2019 PASSED IN
RA.NO.34/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., CHIKKANAYAKANAHALLI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 24.07.2017 PASSED IN OS.NO. 137/2015 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
CHIKKANAYAKANAHALLI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned second appeal is by unsuccessful
plaintiff.
2. Today, a joint compromise petition is filed
reporting settlement between the parties. In terms of
settlement, the appellant/plaintiff has agreed to pay
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additional consideration of Rs.2,00,000/-. Learned
counsel appearing for plaintiff further states that in terms
of settlement, a Demand Draft for a sum of Rs.2,00,000/-
is already secured and that the Demand Draft particulars
are furnished in the joint compromise petition. It is
agreed that sale consideration will be paid on the date of
execution of sale deed by respondents/defendants.
3. The parties are identified by their respective
counsel. When this Court has queried the plaintiff and
defendants, the plaintiff and defendants have made a
statement before this Court that their respective counsels
have explained the terms and conditions of the
compromise. They have further stated that having
understood the conditions, they have signed the joint
compromise petition.
4. On perusal of the compromise petition, this
Court would prima facie find that the said compromise is
lawful and the same is entered into between the parties
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out of their free will and consent. None of the parties who
are signatories to the compromise petition have
complained any duress, coercion or undue influence. In
that view of the matter, the compromise petition is
admitted and the same is taken on record.
5. In the light of compromise arrived between the
parties, the judgments rendered by both the Courts below
are hereby set aside. The appeal stands disposed of in
terms of the joint compromise petition.
6. Learned counsel on record has further brought
to the notice of this Court that defendant No.4 who is also
asserting right based on an agreement executed by the
defendants has instituted a separate suit. If defendant
No.4 has instituted a separate suit, then this compromise
will not come in the way of defendant No.4 in pursuing his
right in the pending suit.
Sd/-
JUDGE
