Shri C.C.Kondaiah vs R.Francis
2023 Latest Caselaw 6353 Kant

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                                                   NC: 2023:KHC:32385
                                                 RFA No. 1694 of 2014




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                REGULAR FIRST APPEAL NO.1694 OF 2014 (RES)
            BETWEEN:

            SHRI C.C.KONDAIAH
            S/O LATE CHINNAIAH,
            AGED ABOUT 65 YEARS,
            NO.192, II CROSS, II MAIN
            II STAGE, BRINDAVAN EXTENSION,
            DEVARAJA MOHALLA,
            MYSORE-570 020
                                                         ...APPELLANT
            (BY SRI MAHESH.S, ADVOCATE)

            AND:

            R.FRANCIS
            S/O LATE ROBERT,
            AGED ABOUT 70 YEARS,
Digitally   NO.D-135,INDUSTRIAL AREA,
signed by
MALATESH    YADAVGIRI,
KC          MYSORE-570 020
Location:                                              ...RESPONDENT
HIGH
COURT OF    (BY SRI T.P.VIVEKANANDA, ADVOCATE)
KARNATAKA
                 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
            96, R/W ORDER 41, RULE-1 OF CIVIL PROCEDURE CODE
            AGAINST THE JUDGMENT AND DECREE DATED 16.09.2014
            PASSED IN O.S.940/2008 ON THE FILE OF THE I-ADDL.
            SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR
            POSSESSION AND DAMAGES.

                 THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
            THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                             NC: 2023:KHC:32385
                                          RFA No. 1694 of 2014




                          JUDGMENT

Sri C.C.Kondaiah-appellant is present. Sri R.Francis- respondent appears through video conferencing. Sri Kondaiah is represented by Sri Mahesh, advocate and R.Francis is represented by Sri T.P.Vivekananda, counsel.

2. A joint compromise petition under Order XXIII Rule 3 of

the Code of Civil Procedure signed by the parties and their

respective counsel is presented before the Court.

3. The contents of the compromise petition are read over to

the parties. Parties submit that the terms of the compromise

petition depict the true terms of settlement. They also

unequivocally submit that there is no force, coercion or undue

influence in reaching out the compromise. On behalf of

respondent, since the respondent has appeared through video

conferencing, Sri T.P.Vivekananda, counsel has signed the

order sheet before the Court accepting the compromise.

4. As per the compromise, Rs.7,50,000/- is being paid by

the appellant to the respondent by way of Demand Draft

bearing No.509400 dated 06.09.2023 drawn on Karnataka

Bank. Time is granted to the respondent to vacate and hand

over the premises till 03.10.2023, or earlier.

NC: 2023:KHC:32385 RFA No. 1694 of 2014

5. As such, 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:

ORDER

(i) Appeal stands disposed of in terms of the compromise petition.

(ii) Office is directed to draw decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.

(iii) Parties to bear their own costs.

(iv) Appellant is entitled for the refund of permissible Court Fee.

Relist this matter only for the purpose of recording

compliance, on 04.10.2023.

Sd/-

JUDGE

kcm