Karnataka High Court
Mrs. Mylaclave Oreme Kpsej vs Mr. Krishnaiah on 12 September, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:32928
RSA No. 134 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 134 OF 2018 (PAR)
BETWEEN:
1. MRS. MYLACLAVE OREME KPSEJ
W/O MR. M.J. ABRAHAM
AGED ABOUT 58 YEARS
RESIDENT OF PREMISES IS NO.14
14TH CROSS, S.R. LAYOUT
MURGESHPALYA, AIRPORT ROAD
BENGALURU-560 017.
...APPELLANT
(BY SRI AJIT P.B. & SRI THONTADHARYA, ADVOCATES)
AND:
1. MR. KRISHNAIAH
S/O LATE THIMMEGOWDA
Digitally signed
by SHARANYA T AGED ABOUT 64 YEARS,
Location: HIGH R/AT BANNIKUPPE VILLAGE
COURT OF KYLANCHA HOBLI,
KARNATAKA
RAMANAGARA TALUK-571511.
2. MRS. SAVITHRAMMA
W/O KRISHNAIAH
AGED ABOUT 61 YEARS
R/AT BANNIKUPPE VILLAGE
KYLANCHA HOBLI,
RAMANAGARA TALUK-571511.
3. MS. SOUMYA
D/O KRISHNAIAH
AGED ABOUT 28 YEARS
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RSA No. 134 of 2018
R/AT BANNIKUPPE VILLAGE
KYLANCHA HOBLI,
RAMANAGARA TALUK-571511.
4. MR. HONNEGOWDA
S/O LATE THIMMEGOWDA
AGED ABOUT 55 YEARS
R/AT GUNNUR HOBLI
KYLANCHA HOBLI
RAMANAGARA TALUK-571511.
5. MRS. GOWRAMMA
W/O PUTTASWAMAIAH
S/O LATE THIMMEGOWDA
AGED ABOUT 57 YEARS,
R/AT KONGAL VILLAGE
KYLANCHA HOBLI
RAMANAGARA TALUK-571511.
6. MR. KARIYAPPA
S/ LATE SANNAMMA AND
LATE SHANKARAPPA
AGED ABOUT 49 YEARS,
R/AT SHANKARAPURA
BESAGARAHALLI,
MADDUR TALUK
MANDYA DISTRICT-571401.
7. MR. MUTHURAJ
S/O LATE SANNAMMA AND
LATE SHANKARAPPA
AGED ABOUT 43 YEARS,
R/AT SHANKARAPURA
BESAGARAHALLI
MADDUR TALUK
MANDYA DISTRICT-571401.
8. MR. DEVAMMA
W/O HANUMANTHAIAH AND
D/O LATE CHIKKA THAMMAIAH AND
LATE PARVATHAMMA
AGED ABOUT 61 YEARS,
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RSA No. 134 of 2018
R/AT BASAVAPURA VILLAGE,
KASABA HOBLI,
RAMANAGARA TALUK-571511.
9. MR. NANJAPPA
S/O HANUMANTHAIAH AND
D/O LATE CHIKKA THAMMAIAH AND
LATE PARVATHAMMA
AGED ABOUT 54 YEARS,
R/AT THUMBENAHALLI VILLAGE
KYLANCHA HOBLI
RAMANAGARA TALUK-571511.
10. MR MAHADEVA
S/O LATE CHIKKA THAMMAIAH AND
LATE PARVATHAMMA
AGED ABOUT 51 YEARS,
R/AT THUMBENAHALLI VILLAGE
KYLANCHA HOBLI
RAMANAGARA TALUK-571511.
11. MR. NANJUNDAIAH
S/O LATE CHIKKA THAMMAIAH AND
LATE PARVATHAMMA
AGED ABOUT 51 YEARS,
R/AT THUMBENAHALLI VILLAGE
KYLANCHA HOBLI
RAMANAGARA TALUK-571511.
...RESPONDENTS
(BY SRI N.SUBBA SHASTRY, ADVOCATE FOR R8 TO R11;
R1 TO R3 & R5 TO R7 ARE SERVED;
VIDE ORDER DATED 07.09.2021,
NOTICE TO R4 IS HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.09.2017
PASSED IN R.A.NO.50/2014 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 11.07.2014 PASSED IN O.S.NO.36/2009
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RSA No. 134 of 2018
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE,
RAMANAGARA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both parties and their respective counsels are present
before the Court. Matter is settled before the Mediation and
parties have also signed the agreement entered into between
them before the Mediation Centre. In terms of the settlement
between the parties, respondents No.8 to 11 have agreed to
receive an amount of Rs.4,50,000/- each in total
Rs.18,00,000/- from the appellant.
2. Counsel for the appellant submits that respondents
No.1 to 3 are the Vendors of the appellant, respondents No.4
and 5 though appeared before the Trial Court, they have not
contested and not claim any share. Respondents No.6 and 7
were placed ex-parte before the Trial Court and they are not
parties to the settlement, and hence, there is settlement
between the appellant and respondents No.8 to 11.
3. Respondents No.8 to 11 have acknowledged Demand
Draft of Rs.4,50,000/- each. Counsel for the respondents is also
NC: 2023:KHC:32928
RSA No. 134 of 2018
present and identifies the respondents No.8 to 11 before the
Court.
In view of the settlement arrived at between the parties
and signed the agreement entered into before the Mediation
Centre, this appeal is disposed of.
Sd/-
JUDGE
AP
