N. Nagarathnamma vs Vishwanath B
2023 Latest Caselaw 6961 Kant

                                       -1-
                                                  NC: 2023:KHC:35925
                                                RFA No. 1573 of 2016




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR FIRST APPEAL NO. 1573 OF 2016 (MON)
              BETWEEN:

                 N. NAGARATHNAMMA
                 AGED ABOUT 62 YEARS,
                 W/O RAMEGOWDA,
                 R/AT BEECHANAHALLIO KOPPAL,
                 GANDANAHALLY POST,
                 MIRLE HOBLI,
                 K. R. NAGAR TALUK,
                 MYSURU DISTRICT-571 602


                                                        ...APPELLANT
              (BY SRI. KRISHNAMURTHY G. HASYAGAR.,ADVOCATE)

              AND:


Digitally        VISHWANATH B.
signed by R
MANJUNATHA       AGED ABOUT 50 YEARS
Location:
HIGH COURT       S/O BOREGOWDA,
OF
KARNATAKA        R/AT D.NO.2784/4B,
                 14TH CROSS,
                 BASAVESHWARA ROAD,
                 K.R.MOHALLA
                 MYSURU-570 004.

                                                      ...RESPONDENT
              (BY SRI.HARSHA V.,ADVOCATE)
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                                             NC: 2023:KHC:35925
                                           RFA No. 1573 of 2016




     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.06.2016 PASSED IN
O.S.NO.77/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND CJM., MYSURU. PARTLY DECREEING THE SUIT FOR
RECOVERY OF MONEY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Parties are present before the Court. The

compromise petition is filed by both the parties on

29.09.2023.

2. Office has raised objection with regard to

validity of the compromise petition as

Smt.N.Nagarathnamma who is the appellant has

signed as 'Nagarathnamma' in the vakalath and in the

compromise petition, only as 'N.Nagarathna'.

3. Sri.Krishnamurthy G. Hasyagar, learned

counsel for the appellant takes up the responsibility to

identify the appellant who has signed as

'N.Nagarathna' and photo copy of the pan card is

NC: 2023:KHC:35925 RFA No. 1573 of 2016

furnished, wherein, the appellant has signed as

'Nagarathna N.'. Hence, office objection is over ruled.

4. Sri.Vishwanath B., the respondent, who is

the plaintiff in the Court below identifies that the

person who is present claiming to be Smt.Nagarathna

N. @ Smt.N.Nagarathnamma, is the defendant.

Hence, there is no impediment for this Court to accept

the compromise filed and signed by Smt.Nagarathna

N. @ Smt.N.Nagarathnamma.

5. On enquiry with the terms of the

compromise, parties submit that terms of the

compromise depict true terms of settlement and there

is no force, undue-influence or coercion in reaching

out the terms of the compromise petition.

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:35925 RFA No. 1573 of 2016

ORDER

i. Appeal stands disposed of in

terms of compromise petition.

           ii.   Office   is    directed         to    pass   a

                 modified      decree       in        terms   of

compromise petition, appending

a copy of the compromise

petition as part of the decree.

iii. Amount of Rs.8,50,000/- as

agreed has been paid in the open

Court in cash and same is

acknowledged in the order sheet.

iv. Permissible Court fee is ordered

to be refunded.

Sd/-

JUDGE

KAV