Sri. S. Chandra Shekar vs Sri. K. Shankar
2024 Latest Caselaw 19316 Kant

Karnataka High Court

Sri. S. Chandra Shekar vs Sri. K. Shankar on 1 August, 2024

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                                                     NC: 2024:KHC:30478
                                                   RSA No. 1393 of 2018




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF AUGUST, 2024

                                     BEFORE

                     THE HON'BLE MR JUSTICE E.S.INDIRESH

                 REGULAR SECOND APPEAL NO. 1393 OF 2018 (SP)

             BETWEEN:

                 SRI. S. CHANDRA SHEKAR
                 S/O LATE SRI SRINIVAS,
                 R/AT MASJID STEET,
                 ANDERSONPET,
                 KOLAR GOLD FIELDS -563 122.
                                                       ...APPELLANT
             (BY SRI. PATTABI RAMAN C.,ADVOCATE)

             AND:

                 SRI. K. SHANKAR
                 S/O SRI K KANNAIAH CHETTY,
                 R/AT O DANIAL ROAD,
                 ANDERSONPET POST,
                 KOLAR GOLD FIELDS - 563 113.
Digitally signed by
                                                       ...RESPONDENT
ARUNKUMAR M S (BY SRI. SUJAYENDRA S, ADVOCATE FOR
Location: High      SRI. ABHISHEK N V.,ADVOCATE)
Court of Karnataka

                  THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
             THE JUDGMENT AND DECREE DTD 31.03.2018 PASSED IN
             RA.NO.79/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE
             AND PRL.JMFC., KGF., ALLOWING THE APPEAL AND SETTING
             ASIDE THE JUDGMENT AND DECREE DATED 07.08.2017
             PASSED IN OS.NO.324/2008 ON THE FILE OF THE ADDL.CIVIL
             JUDGE AND JMFC., K.G.F.

                  THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
             DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                                NC: 2024:KHC:30478
                                              RSA No. 1393 of 2018




CORAM:     HON'BLE MR JUSTICE E.S.INDIRESH

                         ORAL JUDGMENT

This appeal is preferred by the defendant/appellant

challenging the judgment and decree dated 31.03.2018 in

R.A.No.79/2017 on the file of Senior Civil Judge and Principal

JMFC, At KGF, setting aside the judgment and decree dated

17.08.2017 in O.S.No.324/2008 passed by the Additional Civil

Judge and JMFC At KGF, dismissing the suit of the plaintiff.

2. It is submitted by the learned counsel appearing for

the parties that the parties to the lis have resolved their dispute

and as such, filed the compromise petition under Order XXIII

Rule 3 R/w Section 151 of CPC. Both the parties submitted

that, they have agreed for compromise in terms of the

compromise petition. It is also stated by the parties that there

is no force with respect to the settlement of their dispute and

they have voluntarily agreed to resolve the lis between

themselves. In that view of the matter, the appeal is disposed

of in terms of the compromise petition filed by the parties.

3. It is also submitted by the learned counsel

appearing for the parties that, the respondent/plaintiff had

NC: 2024:KHC:30478

deposited a sum of Rs.7,50,000/-(Rupees Seven Lakh Fifty

Thousand only) before the Trial Court and same is ordered to

be refunded in favour of the defendant/appellant. It is also

submitted by the parties that, original records pertaining to the

schedule properties will be furnished by the defendant in fovour

of the plaintiff. In respect of the said submission, the parties

have agreed for the same also.

Accordingly, appeal is disposed of in terms of the

compromise petition.

SD/-

(E.S.INDIRESH) JUDGE

AMA