Karnataka High Court
G Subramanya vs S Anjinappa on 28 February, 2024
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NC: 2024:KHC:8444
RSA No. 1539 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO.1539 OF 2014 (SP)
BETWEEN:
G SUBRAMANYA,
S/O LATE KESHAVANARAYANAPPA,
AGED ABOUT 55 YEARS,
R/AT GUBIDANDE TOWN,
CHICKBALLAPUTRA DIST-561 209.
...APPELLANT
(BY SRI. VENKATA REDDY S.K., ADVOCATE)
AND:
1. S ANJINAPPA
S/O LATE SIDDAPPA,
SINCE DEAD BY HIS LRS
Digitally signed
by R DEEPA 1(A) P GOWRAMMA,
Location: HIGH AGE: MAJOR
COURT OF W/O LATE S. ANJINAPPA,
KARNATAKA
R/AT 13, FROUND FLOOR, 5TH CROSS,
MUNESHWARA LAYOUT,
DODDABOMMASANDRA,
BENGALURU 560 097.
1(B) VYSHALI. A,
AGE: MAJOR
D/O LATE S. ANJINAPPA,
R/AT NO.26, 2ND MAIN ROAD,
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RSA No. 1539 of 2014
CHAMUNDESHWARI LAYOUT,
RAMANNA GARDEN, VIDYRANYAPUR,
BENGALURU - 560 097.
2. SMT. H. V. ARUNDATHI,
AGED ABOUT 55 YEARS,
W/O SHRI RAVINDRA PRASAD,
RESIDING AT NO.812,
11TH MAIN, 5TH 'A' CROSS,
BTM LAYOUT II STAGE,
BENGALURU - 560 076.
...RESPONDENTS
(BY SRI. B M ARUN, ADVOCATE FOR C/R;
SRI. M. VINAYA KEERTHY, ADVOCATE FOR
R1(A) AND R1(B);
SRI. PRADEEP KUMAR R.H., ADVOCATE FOR
IMPLEADING APPLICANT/RESPONDENT NO.2)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 08.08.2014 PASSED IN
R.A.NO.16/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE,
CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 13.02.2009 PASSED IN
O.S.NO.139/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AND CJM, CHICKBALLAPUR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RSA No. 1539 of 2014
JUDGMENT
Learned counsel for respondent No.1 filed a memo
along with special power of attorney executed by
respondent No.1(a) in favour of his daughter Smt A.
Vyshali i.e., respondent No.1(b), to engage the services of
an advocate and to enter into compromise.
2. Memo is placed on record.
3. Appellant, respondent No.1(b) and power of
attorney holder of respondent No.2 are present. They are
identified by their respective counsel.
4. Parties have filed compromise petition, which
reads as under:
"1) The Appellant, the LR's of Respondent
No.1 and the Proposed Impleading Applicant-
Respondent No.2 - H.V.Arundathi, at the
intervention of well-wishers and friends have
held mutual discussions and settled the matter
amicably on the following terms:
a) That the Appellant concedes that he
has no right or Interest over the suit
schedule property.
b) That the Proposed Impleading
Applicant Respondent No.2-
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H.V.Arundathi, without prejudice to her
rights and contentions, has paid a sum
of Rs.5,00,000/- (Rupees Five Lakh
Only), only to give a quietus to the
matter, to the Appellant by way of
Demand Draft dated 27.02.2024,
bearing No.879581, drawn on State
Bank of India, BTM Layout Branch,
Bengaluru, favoring the Appellant.
c) The Appellant accepts receipt of the
entire sum of Rs.5 lakhs in full and final
settlement of all his claims.
2) That there is no coercion, undue influence
etc., on the parties to enter into this
settlement. The parties have settled out of
their own free volition.
3) The terms of this settlement are read over
to the respective parties in the language
known to them.
WHEREFORE the above Appeal be disposed off
in the light of the compromise arrived at, in
the interest of justice."
5. The compromise petition is read over and
explained to them in the language known to them and
they have accepted the terms of the compromise petition.
Further, in pursuance to the terms of compromise
respondent No.2 handed over the Demand Draft of
Rs.5,00,000/- drawn on State Bank of India in favour of
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appellant vide Demand Draft No.879581, dated
27.02.2024, to the learned counsel for the appellant and
learned counsel for the appellant in turn handed over the
same to the appellant. The appellant acknowledge the
receipt of the same.
6. The compromise petition is placed on record.
Accordingly, appeal is disposed of in terms of
compromise.
7. Office is directed to refund the entire Court fee
in favour of the appellant.
Sd/-
JUDGE
AT
