S D Peter S/O Devimitrappa Peter vs Bhimsen S/O Gundappa Modagi
2023 Latest Caselaw 4015 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:6731
                                                               RSA No. 484 of 2008




                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 5TH DAY OF JULY, 2023

                                                BEFORE
                            THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          REGULAR SECOND APPEAL NO. 484 OF 2008 (DEC/INJ)
                        BETWEEN:

                           S.D.PETER S/O DEVIMITRAPPA PETER
                           AGED ABOUT 53 YEARS,
                           OCC: DRIVER, KSRTC,
                           KSRTC QUARERS,
                           NEAR DIVISIONAL DEPOT,
                           HOSUR, HUBLI,
                           DHARWAD DISTRICT.
                                                                      ...APPELLANT
                        (BY SRI. SANGRAM.S.KULKARNI, ADVOCATE)

                        AND:
                           BHIMSEN S/O GUNDAPPA MODAGI
                           AGED ABOUT 56 YEARS,
                           OCC: ASST. ENGINEER,
                           KPTCL, DANDELI,
           Digitally
                           UTTARA KANNADA DISTRICT.
           signed by
           YASHAVANT
           NARAYANKAR
YASHAVANT
NARAYANKAR Date:
           2023.07.10
           11:11:10 -
                                                                    ...RESPONDENT
           0700


                        (BY SMT. SURABHI KULKARNI, ADVOCATE)

                             THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
                        JUDGEMENT      &  DECREE   DTD.10.12.2007   PASSED    IN
                        R.A.NO.205/2002 ON THE FILE OF THE I ADDL. CIVIL JUDGE
                        (SR.DN), HUBLI, ALLOWING THE APPEAL AND FILED AGAINST
                        THE JUDGMENT AND DECREE DTD.12.7.2002 PASSED IN
                        O.S.NO.567/2000 ON THE FILE OF THE IV ADDL. CIVIL JUDGE,
                        (JR.DN), HUBLI.

                             THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                        THE COURT DELIVERED THE FOLLOWING:
                                    -2-
                                              NC: 2023:KHC-D:6731
                                                  RSA No. 484 of 2008




                              ORDER

Both the appellant/defendant and respondent/plaintiff

are present. Their respective counsels are also present.

They submit a compromise petition dated 05.07.2023

under Order XXIII Rule 3 R/w Section 151 of the Code of

Civil Procedure, 1908 reporting the settlement amongst

themselves. The contents of the compromise petition are

read over and explained to the parties in presence of their

respective counsels in Kannada language known to them and

they admit the conditions incorporation in the compromise

petition.

I am satisfied that the parties have settled the dispute

amicably without any threat or coercion. Hence, the

compromise petition is accepted. The appeal stands allowed

in terms of the compromise petition.

The decree shall be drawn accordingly and the

compromise petition shall be part of the decree.

NC: 2023:KHC-D:6731 RSA No. 484 of 2008

However, it is made clear that this compromise petition

is not binding on any government authorities in case of any

violations of any bylaws or otherwise.

Sd/-

JUDGE

SSP