Karnataka High Court
Sri Devendraiah vs M C Halaswamy on 20 September, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:33934
RSA No. 768 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 768 OF 2017 (PAR)
BETWEEN:
1. SRI DEVENDRAIAH
S/O M. CHANDRAIAH,
AGED ABOUT 55 YEARS,
2. SRI KUMARAIAH
S/O M. CHANDRAIAH,
AGED ABOUT 49 YEARS,
BOTH ARE AGRICULTURIST
R/O YEDEHALLI VILLAGE,
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT.
...APPELLANTS
(BY SRI JAGADEESHGOUD PATIL, ADVOCATE)
AND:
Digitally signed
by SHARANYA T
Location: HIGH 1. M.C.HALASWAMY
COURT OF S/O M. CHANDRAIAH,
KARNATAKA
AGED ABOUT 35 YEARS,
OCC: HE HAS NOT SHOWN,
R/O. AGARADAHALLI CAMP
R/O YEDEHALLI VILLAGE,
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 301.
2. M. CHANDRAIAH
S/O PARAMESHWARAIAH,
AGED ABOUT 80 YEARS,
R/O AGARADAHALLI CAMP
R/O YEDEHALLI VILLAGE,
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NC: 2023:KHC:33934
RSA No. 768 of 2017
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 301.
3. PUSHPAVATHI
W/O GURUBASAVAIAH
AGED ABOUT 31 YEARS,
OCC: HOUSE WIFE,
R/O BANNIKODU VILLAGE,
HONNALI TALUK-577273
SHIVAMOGA DISTRICT.
4. DAKSHAYINI
D/O M. CHANDRAIAH,
AGED ABOUT 30 YEARS,
OCC: HOUSE WIFE
R/O AGARADAHALLI CAMP
R/O YEDEHALLI VILLAGE,
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577301.
5. MANJAMMA W/O M.CHANDRAIAH,
AGED MAJOR, OCC: HOUSE WIFE
R/O AGARADAHALLI CAMP
R/O YEDEHALLI VILLAGE,
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577301.
6. R. MANJUNATHA
S/O B.S.RAMASWAMY
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE
R/O M.G.ROAD,
TARIKERE TOWN-577549
CHIKMAGALORE DISTRICT.
...RESPONDENTS
(BY SRI P.S.PRASAD, ADVOCATE FOR R2 (ABSENT);
SRI SYED ANSAR KALEEM, ADVOCATE FOR R3 [ABSENT];
SRI MANJUNATH B.K., ADVOCATE FOR R6 [ABSENT]
VIDE ORDER DATED 17.09.2019
APPEAL AGAINST R4 STANDS ABATED;
SRI SHOWRI H.R., ADVOCATE FOR IMPLEADED PROPOSED R7)
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NC: 2023:KHC:33934
RSA No. 768 of 2017
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 25.11.2016 PASSED IN
R.A.NO.107/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 31.08.2013
PASSED IN O.S. NO.142/1987 ON THE FILE OF THE II ADDL. CIVIL
JUDGE AND JMFC, BHADRAVATHI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Heard the appellants counsel and also the counsel for the
respondents and impleading applicant.
2. A memo is filed by counsel for the appellants for
withdrawal of the appeal on the ground that already they have
settled the matter before the F.D.P. Court. The impleading
applicant has filed statement of objections along with
documents to this memo. The counsel for the appellants also
filed objections to I.A.No.1/2023 for impleading applicant as
proposed respondent No.7.
3. Having considered the memo and also the
impleading application, it is the contention of the impleading
applicant that he is also a legal heir of deceased Chandraiah.
He is born to third wife of said Chandraiah and memo is also
NC: 2023:KHC:33934
RSA No. 768 of 2017
filed that already settlement is arrived between the parties and
FDP is also closed by accepting the compromise.
4. When that circumstances, if the arguments of the
counsel for the impleading applicant that he was excluded while
decreeing the matter by compromise, the remedy is open to
the impleading applicant to challenge the very compromise
accepted before the FDP Court under Order 23 Rule 3A and not
by filing any application before this Court and nothing is there
to decide before this Court in view of the parties have already
compromised the matter and hence he has to agitate the same
before the very same Court challenging the compromise
entered into between the parties.
5. With that liberty I.A.No.1/2023 is disposed of and
memo for withdrawal is also accepted, in view of the settlement
arrived between the parties.
Accordingly, in view of the memo, this appeal is
dismissed as withdrawn.
Sd/-
JUDGE
AP
