Sri D Ramesh vs Smt D Bharathi
2024 Latest Caselaw 18808 Kant

Karnataka High Court

Sri D Ramesh vs Smt D Bharathi on 26 July, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                                NC: 2024:KHC:29597
                                                            RFA No. 1331 of 2018




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                DATED THIS THE 26TH DAY OF JULY, 2024
                                                 BEFORE
                        THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                        REGULAR FIRST APPEAL NO. 1331 OF 2018 (DEC/INJ)
                       BETWEEN:

                       1.    SRI. D. RAMESH,
                             AGED ABOUT 61 YEARS,
                             SON OF LATE M DORAISWAMY.

                       2.    SMT. V. THIRUMALA
                             AGED ABOUT 53 YEARS,
                             WIFE OF SRI. D. RAMESH.

                             BOTH ARE RESIDING AT NO.64,
                             11TH CROSS,
                             FREEDOM FIGHTERS NAGAR,
                             LAGGERE RING ROAD,
                             BENGALURU-560 058
                                                                     ...APPELLANTS
                       (BY SRI. JAGADISH BALIGA N., ADVOCATE)
Digitally signed by
SUMITHRA R
Location: HIGH COURT
                       AND:
OF KARNATAKA


                             SMT. D. BHARATHI,
                             AGED ABOUT 45 YEARS,
                             WIFE OF SRI. V.R. JAYAKUMAR,
                             RESIDING AT NO.303,
                             6TH MAIN, 2ND BLOCK
                             HRBR, KALYANAGARA,
                             BENGALURU-560 043
                                                                    ...RESPONDENT
                       (BY SRI. KUMARA K.G., ADVOCATE FOR C/R)
                              -2-
                                            NC: 2024:KHC:29597
                                       RFA No. 1331 of 2018




     THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER
XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND
DECREE DATED 31.05.2018 PASSED IN OS NO.1975/2012 ON
THE FILE OF THE XV ADDL.CITY CIVIL AND SESSIONS JUDGE,
BANGALORE DECREEING THE SUIT FOR DECLARATION.
     THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR


                    ORAL JUDGMENT

Appellants No.1 and 2 and respondent are present

along with their respective advocates and filed petition

under Order XXIII rule 3 of Code of Civil Procedure

submitting that they have compromised the matter each

other and accordingly submitted compromise petition.

2. Upon enquiry, both the appellants and

respondent have confirmed that they have entered into

settlement. Accordingly, on their volition and as per their

conscious have presented compromise petition and pray to

dispose of the appeal in terms of the compromise petition

and draw decree accordingly.

NC: 2024:KHC:29597

3. Today appellants have handed over a DD drawn

on Rajajinagar Cooperative Society Limited bearing

No.004208 dated 15.07.2024 in favour of respondent

herein and the respondent has acknowledged the receipt

of the same.

4. Therefore, in view of compromise petition,

appeal is disposed of.

5. The decree passed by the trial Court is liable to

be modified in terms of the compromise petition.

6. Draw decree in this appeal as per compromise

petition and a copy of compromise petition shall be part

and parcel of the decree.

Registry is directed to refund 75% of the Court fee to

the appellants as per rules.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE