Karnataka High Court
Smt. M Ramya vs Smt. C Manjamma on 4 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
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RFA No. 259 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO.259/2020 (PAR/DEC)
BETWEEN:
SMT. M RAMYA
D/O LATE C MANJUNATH
W/O C.P.KEMPARAJ
AGED ABOUT 26 YEARS
R/AT NO.15, 2ND CROSS
BCC LAYOUT, ATTIGUPPE
VIJAYANAGAR, BENGALURU-560040.
...APPELLANT
(BY SRI. PRADEEP H S, ADV.)
AND:
1. SMT. C MANJAMMA
W/O LATE C MANJUNATH
Digitally signed AGED ABOUT 48 YEARS
by A K
CHANDRIKA
2. SRI. CHETHAN KUMAR
Location: HIGH
COURT OF S/O LATE C MANJUNATH
KARNATAKA AGED ABOUT 28 YEARS
BOTH ARE R/AT 833/1,
BRINDAVAN NAGAR,
PIPELINE, YAMUNA NADI ROAD,
SRINAGAR, BENGALURU-560050.
3. SRI. M.SOMANNA
S/O MADEGOWDA
AGED ABOUT 50 YEARS
4. SMT. P.RASHMI
W/O M.SOMANNA
-2-
NC: 2024:KHC:14037-DB
RFA No. 259 of 2020
AGED ABOUT 39 YEARS
BOTH ARE R/AT 113/8,
2ND MAIN ROAD, 6TH CROSS ROAD,
CHAMARAJPET,
BENGALURU-560018.
...RESPONDENTS
(BY SRI K.G.SADASIVAIAH, ADV. FOR R3 & R4
V/O DATED 04.04.2024 NOTICE TO R1 D/W
V/O DATED 22.09.2023 SERVICE OF NOTICE TO R2 H/W)
THIS APPEAL IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96
CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.09.2019
PASSED IN OS.NO.8707/2011 ON THE FILE OF THE IX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGLAURU, DISMISSING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel Sri.H.S.Pradeep for
appellant and learned counsel Sri.K.G.Sadasivaiah for
respondent Nos.3 and 4. Service on respondent No.1 is
dispensed with and respondent No.2 is held sufficient.
2. Appellant, Smt.M.Ramya and respondent Nos.3
and 4 are present and they are identified by their
respective counsels.
3. The present appeal is against the judgment and
decree dated 27.09.2019 in O.S.No.8707/2011 on the file
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of the IX Additional City Civil & Sessions Judge at
Bengaluru (CCH-5), whereby the appellant's suit is
dismissed. Appellant/plaintiff had claimed 1/3rd share in
the suit schedule 'A' to 'C' properties.
4. Compromise petition under Order XXIII Rule 3
of CPC is filed by appellant and respondent Nos.3 and 4
wherein respondent Nos.3 and 4 have agreed to pay a
sum of Rs.13,00,000/- to the appellant and appellant on
receiving the said amount has agreed to give up right, title
and interest over 'A' schedule property. Further, learned
counsel for the appellant has filed memo dated
04.04.2024 signed by appellant, wherein appellant has
given up her claim over suit schedule 'B' and 'C'
properties.
5. Learned counsel Sri.K.G.Sadasivaiah hands over
Pay Order bearing No.057490 dated 20.03.2024 for a sum
of Rs.13,00,000/-, drawn on the Hanumantha Nagar Co-
operative Bank Ltd., to the appellant today before the
Court, which is acknowledged by the appellant.
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6. In the above compromise petition, appellant
and respondent Nos.3 and 4 have prayed to dispose of the
appeal by confirming the judgment and decree dated
27.09.2019 in O.S.No.8707/2011 on the file of the IX
Additional City Civil & Sessions Judge at Bengaluru
(CCH-5), in terms of the above compromise.
7. Recording the above compromise, appeal
stands disposed of, confirming the judgment and
decree dated 27.09.2019 in O.S.No.8707/2011 on the file
of the IX Additional City Civil & Sessions Judge at
Bengaluru (CCH-5) in terms of this compromise.
SD/-
JUDGE
SD/-
JUDGE
NC
CT:bms
