Sri Hanumaiah Dead By His Lrs vs Sri Govindaiah
2023 Latest Caselaw 6730 Kant

                                            -1-
                                                    NC: 2023:KHC:34539
                                                  RFA No. 2107 of 2012




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 22ND DAY OF SEPTEMBER, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO.2107 OF 2012(POS)
              BETWEEN:

              1.     SRI HANUMAIAH
                     DEAD BY HIS LRS

              1(a) SMT. VENKATALAKSHMI
                   D/O LATE HANUMAIAH
                   W/O HANUMANTHAIAH
                   AGE: 43 YEARS
                   RESIDING AT KALLUKEREDODDI
                   NARAYANAPURA POST
                   KASABA HOBLI
                   KANAKAPURA TALUK
                   RAMANAGARA DISTRICT

              1(b) SMT. PARVATHAMMA
                   D/O LATE HANUMAIAH
                   W/O HANUMANTHAIAH
                   AGE: 38 YEARS
Digitally
signed by R        RESIDING AT BYRAMANGALA
MANJUNATHA
Location:          BIDADI HOBLI
HIGH COURT
OF                 RAMANGARA TALUK & DISTRICT
KARNATAKA

              2.     SRI. MAHADEVA
                     S/O HANUMAIAH,
                     AGED ABOUT 45 YEARS,

              3.     SRI.HONNAPPA
                     S/O HANUMAIAH,
                     AGED ABOUT 43 YEARS,

              5.     SRI. RAMACHANDRA
                     S/O HANUMAIAH,
                               -2-
                                      NC: 2023:KHC:34539
                                    RFA No. 2107 of 2012




       AGED ABOUT 41 YEARS,

       APPELLANTS 1 TO 4 ARE
       RESIDING AT
       RAMANAHALLI VILLAGE,
       BIDADI HOBLI,
       RAMANAGARAM TALUK AND DISTRICT

5.     SMT. VENKATALAKSHMAMMA @ ERAMMA
       D/O VENKATARAMANAIAH,
       AGED ABOUT 36 YEARS,
       RESIDING AT NO.76/36,
       KAYISOPPINA BEEDI,
       CROSS ROAD,
       RAMANAGARAM TOWN,
       RAMANAGARAM DISTRICT
                                           ...APPELLANTS
(BY SRI C.M.NAGABUSHANA, ADVOCATE)

AND:

1.   SRI GOVINDAIAH
     S/O LATE CHIKKANNA,
     AGE: 53 YEARS,

2.   SMT. RATHNAMMA @
     THIMMAKKA @ THIMMAMMA
     W/O GOVINDAIAH,
     AGED ABOUT 50 YEARS,

3.   SRI. G. VENKATESHA
     S/O GOVINDAIAH,
     AGED ABOUT 29 YEARS,

4.   SRI. G. RAJESHA
     S/O GOVINDAIAH,
     AGED ABOUT 27 YEARS,

     ALL ARE RESIDING AT
     RAMANAHALLI VILLAGE,
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                                                    NC: 2023:KHC:34539
                                               RFA No. 2107 of 2012




     BIDADI HOBLI,
     RAMANAGARAM TALUK,
     RAMANAGARAM DISTRICT
                                                       ...RESPONDENTS
(BY SRI V VISWANATH, ADVOCATE)


THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 29.10.2011 PASSED IN O.S.609/2007 ON THE
FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM,
RAMANAGARA,    PARTLY   DECREEING     THE   SUIT   FOR
POSSESSION.

     THIS REGULAR FIRST APPEAL COMING ON FOR FINAL
HEARING,   THIS  DAY,  THE   COURT  DELIVERED  THE
FOLLOWING:

                               JUDGMENT

Parties are present with their respective counsels.

2. Compromise petition under order 23 Rule 3 r/w Section

151 of CPC is filed signed by the parties and their respective

counsels.

3. Contents of the compromise petition are read over to the

parties in Kannada language. The terms of compromise

petition depicts the true terms of settlement and there is no

force, undue influence or coercion in reaching out the

compromise.

NC: 2023:KHC:34539 RFA No. 2107 of 2012

Accordingly, there is no impediment to dispose of the

appeal in terms of the compromise. Hence, the following order

is passed.

ORDER

Compromise petition is accepted and appeal is disposed

of in terms of the compromise petition.

Office is directed to draw a decree in terms of the

compromise petition appending the copy of the compromise

petition to the decree as part of the decree.

No order as to costs.

Sd/-

JUDGE

MR