Karnataka High Court
Krishnaraj S/O Srinivasrao Punaji vs Smt Vijaylaxmi W/O Shivaprasad Kowdi on 23 November, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2023:KHC-D:13703-DB
RFA No. 100416 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE H.P.SANDESH
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 100416 OF 2020 (DEC)
BETWEEN:
KRISHNARAJ S/O. SRINIVASRAO PUNAJI,
AGE: 76 YEARS, OCC: BUSINESS,
R/O: 32/2 KALYAN NAGAR, VIDYA NAGAR,
HUBBALLI-580021, DIST: DHARWAD.
...APPELLANT
(BY SRI. DINESH M. KULKRNI, ADVOCATE)
AND:
1. SMT. VIJAYLAXMI W/O. SHIVAPRASAD KOWDI,
AGE: 86, OCC: HOUSEHOLD WORK,
SAMREEN R/O: TOLLNAKA, HUBLI ROAD,
AYUB DHARWAD-580004, DIST: DHARWAD.
DESHNUR
2. GOURAMBIKA W/O. ISHWAR KOWDI,
Digitally signed
by SAMREEN
AGE: 86 YEARS, OCC: HOUSEHOLD,
AYUB DESHNUR R/O: TOLLNAKA, HUBLI ROAD,
Date: 2023.11.29
10:51:50 +0530 DHARWAD-580004, DIST: DHARWAD.
3. SMT. SUSHMA W/O. RAJU @ VIRUPAXAPPA KOWDI,
AGE: 56 YEARS, OCC: HOUSEWIFE,
R/O: NO.9, 1ST FLOOR, 1ST CROSS,
RAMNAGAR, NEAR NTTF,
DHARWAD-580001, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. RAJU KOWDI, ADVOCATE)
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NC: 2023:KHC-D:13703-DB
RFA No. 100416 of 2020
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 4.08.2020
PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, AT; DHARWAD IN O.S. NO.54/2016 AND
ALLOW THE APPEAL WITH COSTS THROUGHOUT BY
DECREEING THE SUIT IN O.S.NO.54/2016 ON THE FILE OF THE
COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND CJM., AT:
DHARWAD.
THIS APPEAL, COMING ON FOR ORDER, THIS DAY,
H.P.SANDESH J., PASSED THE FOLLOWING:
ORDER
The appellant and respondent No.1 are present
before the Court. Respondent Nos.2 and 3 represented
through their Power of Attornies. The Power of Attornies
are also present before the Court. The original parties
have signed the compromise petition filed under Order
XXIII Rule 3 of the Code of Civil Procedure, 1908.
2. In terms of the compromise, the appellant has
paid a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) by
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way of demand draft in favour of Respondent No.1 before
the Court and the same is acknowledged.
3. In terms of the compromise, also the
construction of residential houses of respondent Nos.1 to 3
have been completed and the possession of said houses
handed over to respondent Nos.1 to 3. The appellant shall
obtain NOC and completion certificate from HDMC or any
other authority.
4. The parties understood the terms of
compromise. In view of the compromise entered into
between the parties, the compromise petition is accepted.
The appeal stands disposed of in terms of the compromise
petition.
5. Registry is directed to get the signatures of the
parties who are appeared before the Court and their
respective counsels, who identify the appellant and
respondent and also get the signatures of Power of
Attornies who present before the Court.
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6. Registry is directed to return the original power
of attorney's after retaining xerox copies of the same.
7. Registry to draw decree in terms of the
compromise petition.
Sd/-
JUDGE
Sd/-
JUDGE
SMM
