Karnataka High Court
Sri Rajendra M Reddy vs Ms K P Vinutha on 1 August, 2024
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NC: 2024:KHC:30465-DB
RFA No.251/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO.251/2021 (INJ)
BETWEEN:
1. SRI RAJENDRA M REDDY
AGED ABOUT 73 YEARS
S/O LATE SRI.RAMAKRISHNA REDDY
2. SMT. NIRMALA REDDY
W/O. SRI. RAJENDRA M REDDY
AGED ABOUT 72 YEARS
3. SRI.MAHIDHAR M REDDY
AGED ABOUT 43 YEARS
S/O. SRI. RAJENDRA M REDDY
HAVING THEIR LOCAL ADDRESS AT:
FLAT NO.5, SHRADDHA LAKSHMI
50/1, 5TH CROSS, 10TH MAIN ROAD
Digitally HAL II STAGE, BANGALORE - 560 008
signed by K S
RENUKAMBA
Location: APPELLANTS 1 TO 3 ARE REPRESENTED BY THEIR
High Court of POWER OF ATTORNEY HOLDER
Karnataka
SRI. M DAYASAGAR REDDY
AGED ABOUT 58 YEARS
S/O. SRI M. NARASIMHA REDDY
HAVING HIS LOCAL ADDRESS AT:
FLAT NO.5, SHRADDHA LAKSHMI
50/1, 5TH CROSS, 10TH MAIN ROAD
HAL II STAGE, BANGALORE - 560 008 ... APPELLANTS
(BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI.VIVEK HOLLA, ADVOCATE)
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NC: 2024:KHC:30465-DB
RFA No.251/2021
AND:
1. MS K P VINUTHA
D/O LATE SRI. PATTABHIRAMA REDDY
AGED ABOUT 54 YEARS
R/AT NO. D.NO.303
10TH MAIN, 3RD BLOCK
JAYANAGAR, BANGALORE - 560 011
2. MRS. J KAVITHA
W/O. SRI. HANUMANTHA REDDY
AGED ABOUT 40 YEARS
R/AT DODDASHIVARA VILLAGE
DODDAKADATHUR POST
KASABA HOBLI, MALUR TALUK
KOLAR DISTRICT - 563 130
3. MR. J. GAUTHAM
S/O. SRI. JANARDHANA REDDY
AGED ABOUT 33 YEARS
R/AT NO.423, 5TH MAIN, 6TH CROSS
JAGADHISHNAGAR
BANGALORE - 560 075
SINCE DECEASED
REP. BY HIS LEGAL REPRESENTATIVES NAMELY
RESPONDENTS NOS.1 AND 2 MENTIONED ABOVE
4. SRI. K N MOHAN REDDY
S/O. SRI. D. NARAYANA REDDY
AGED ABOUT 47 YEARS
KATTIRIGUPPA VILLAGE
KUGUR POST, ANEKAL TALUK
BANGALORE DISTRICT - 562 125 ... RESPONDENTS
(BY SRI. K KISHORE KUMAR REDDY, ADVOCATE FOR R1 AND R2;
SRI.R3 IS DECEASED AS PER CAUSE TITLE; APPEAL AGAINST R4
IS DISMISSED AS NOT PRESSED V/C/O DTD:01.08.2024)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
CPC 1908, PRAYING TO SET ASIDE JUDGMENT AND DECREE DATED
22.12.2020 PASSED IN O.S. NO.26958/2007 ON THE FILE OF IV
ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT,
BENGALURU, DISMISSING THE SUIT FOR PERPETUAL PROHIBITORY
INJUNCTION.
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NC: 2024:KHC:30465-DB
RFA No.251/2021
THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Learned Counsel for the appellants submits memo stating
that the appellants/plaintiffs do not press the suit against
defendant No.4/respondent No.4. Therefore, appeal and suit
against respondent No.4 are dismissed as not pressed.
2. Respondent Nos.1 and 2, Sri M.Dayasagar Reddy,
the Power Of Attorney Holder of appellants and learned Counsel
for both the parties are present.
3. Heard the parties and Sri Udaya Holla, learned
Senior Counsel appearing for advocate on record for the
appellants and Sri K.Kishore Kumar Reddy for respondent
Nos.1 and 2.
4. Parties admit the terms of the compromise petition.
Respondent Nos.1 and 2 admit that they have received demand
drafts and cheques as mentioned in the compromise petition.
NC: 2024:KHC:30465-DB
5. Satisfied that the compromise petition is admissible
under the Law. Therefore, the same is recorded. The appeal
deserves to be allowed in terms of the compromise petition.
Hence, the following:
ORDER
The appeal is allowed.
The impugned judgment and decree passed by the Trial
Court is hereby set aside.
In view of memo, suit against defendant No.4/respondent
No.4 is dismissed as not pressed.
Suit against defendant Nos.1 and 2 is decreed in terms of
the compromise petition.
Draw decree accordingly.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
PKN
