Karnataka High Court
Yamakola Rajappa S/O.Yamakola ... vs P.Janardhana Reddy S/O Basavareddy on 10 January, 2024
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NC: 2024:KHC-K:465
RSA No. 7005 of 2010
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 7005 OF 2010 (SP)
BETWEEN:
1. YAMAKOLA RAJAPPA
S/O.YAMAKOLA THIPPIAH
AGE:54 YEARS
2. YAMAKOLA SUDARSHAN
S/O YAMAKOLA THIPPIAH,
AGE: 46 YEARS,
BOTH ARE AGRICULTURIST,
R/O:YERGERA VILLAGE
TQ, & DIST:RAICHUR,
NOW AT AMBEDKAR JHOPAD-PATTI,
JAISHANKAR TALEEM MODDENKHANSHOLAPUR,
Digitally signed SHOLAPUR(MAHARASHTRA).
by SACHIN
...APPELLANTS
Location:
HIGH COURT
OF (BY SRI. BASAVARAJ M POLICE PATIL,ADVOCATE)
KARNATAKA
AND:
P.JANARDHANA REDDY
S/O BASAVAREDDY,
AGE:56 YEARS, OCC:AGRICULTURE,
R/O:YERGERA VILLAGETQ & DIST:RAICHUR
...RESPONDENT
(BY SRI. V K NAYAK, ADVOCATE)
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NC: 2024:KHC-K:465
RSA No. 7005 of 2010
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THIS REGULAR SECOND APPEAL BY
SETTING ASIDE THE JUDGMENT AND DECREE DATED
26.03.2008, PASSED BY THE FAST TRACK COURT-III, AT
RAICHUR, IN R.AS.NO.152/2006, AND CONSEQUENTLY
CONFIRM THE JUDGMENT AND DECREE DATED 30.09.2006,
PASSED BY THE LEARNED PRL.CIVIL JUDGE(SR.DN), AT
RAICHUR, IN O.S.NO.62/1999, AND PASS SUCH OTHER
ORDER/ORDERS AS THIS HON'BLE COURT DEEMS FIT AND
PROPER, IN THE FACTS AND CIRCUMSTANCES OF THE CASE,
INCLUDING AN ORDER AS TO COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellants challenging the
judgment and decree dated 26.03.2008 in RA No.152 of
2006 on the file of Fast Track Court III at Raichur, setting
aside the judgment and decree dated 30.09.2006 in OS
No. 62 of 1999 on the file of Principal Civil Judge, (Senior
Division) Raichur, dismissing the suit of the plaintiff.
2. Heard the learned counsel appearing for the
parties.
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3. During the pendency of this appeal, the parties
to the appeal have filed compromise petition dated
04.12.2023 under Order XXIII, Rule 3 of CPC,
whereunder, it is stated that parties have amicably settled
their disputes at the intervention of elders and well
wishers on the terms set out therein.
4. Both the parties who are present today,submit
that after having understood the contents of the
compromise petition, they have affixed their signature out
of their own wish without any fear or threat. Their
signatures have been identified by their respective
counsel.
5. On perusal the contents of compromise petition,
it is observed that the parties have settled the matter as
per terms and conditions therein. In the light of the
aforestated undisputed acts, there is no impediment for
this Court to accept the compromise petition. It would
reflect that, there is no fraud or coercion or undue
NC: 2024:KHC-K:465
advantage made at the time of entering the compromise
by the parties.
6. In that view of the matter, the compromise
petition is hereby accepted. Accordingly, the Regular
Second Appeal is disposed of in terms of compromise
petition.
7. Registry to draw the decree in terms of the
compromise petition and appellants are entitled for
admissible court fees.
Sd/-
JUDGE
SB
