Karnataka High Court
Sri Narasimhaiah @ Narasimhappa vs Avalappa on 29 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30075
RSA No. 499 of 2011
C/W RSA No. 653 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL No.499 OF 2011 (PAR)
C/W REGULAR SECOND APPEAL No.653 OF 2011
IN R.S.A.No.499/2011
BETWEEN:
1. SRI AVALAPPA
S/O LATE LAKSHMAIAH
AGED ABOUT 54 YEARS
R/AT BETTENAHALLI,
HEGGANAHALLI POST,
DEVANAHALLI TALUK -562 110
...APPELLANT
(BY SRI SHARATH KUMAR, ADVOCATE)
AND:
1. SRI NARASIMHAPPA @ NARASIMHAIAH
S/O LATE AVALAPPA
Digitally
signed by
MALATESH SINCE DEAD REPRESENTED BY
KC HIS SON SRI N ADIMURTHY
Location: S/O LATE NARASIMHAPPA @ NARASIMHAIAH
HIGH KALLUDI POST,
COURT OF GOWRIGIDANUR TALUK
KARNATAKA
CHIKKABALLAPUR DISTRICT
2. SRI N ADIMURTHY
S/O LATE NARASIMHAPPA @ NARASIMHAIH
AGED ABOUT 62 YEARS
GOWRIBIDANUR TALUK
SINCE DEAD BY LEGAL REPRESENTATIVES
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NC: 2024:KHC:30075
RSA No. 499 of 2011
C/W RSA No. 653 of 2011
SMT.NAGARATHNAMMA
WIFE OF LATE ADIMURTHY
NOW DEAD AFTER FILING
OF LR APPLN
2(a) KUMARI A. ASHA RANI
D/O LATE ADIMURTHY
AGED ABOUT 19 YEARS
RESIDING AT PUTTAPARLAHALLI
NAGAPPA BLOCK
KALLUDI POST
GOWRIBIDNUR.
...RESPONDENTS
[BY SRI N.VAGEESH, ADVOCATE FOR R2(A)]
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 20.10.2010
PASSED IN R.A.NO.84/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, DEVANAHALLI, PARTLY
ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND
DECREE DATED 09.11.2007 PASSED IN O.S.NO.373/1996 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.)& J.M.F.C.,
DEVANAHALLI.
IN R.S.A.No.653/2011
BETWEEN:
SRI NARASIMHAIAH @ NARASIMHAPPA
SINCE DECEASED REPRESENTED BY
HIS LR
SRI N ADIMURTHY
AGED ABOUT 62 YEARS
S/O LATE SRI NARASIMHIAH @ NARASIMHAPPA
RESIDENT OF PUTTAPURLAHALLI
KALLOOODI POST,
GOWRIGIDANUR TALUK
CHIKKABALLAPUR DISTRICT
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NC: 2024:KHC:30075
RSA No. 499 of 2011
C/W RSA No. 653 of 2011
SINCE DEAD BEING
REPRESENTED BY HIS DAUGHTER
AND LEGAL REPRESENTATIVE
KUMARI ASHA RANI
AGED ABOUT 18 YEARS
D/O LATE SRI N.ADIMURTHY
AND NAGARATHNAMMA
RESIDENT OF DHARINAYAKANA PALYA
GOWRIBIDANURU TALUK
POST D PALYA, D.PALYA HOBLI
CHIKKABALLAPURA DISTRICT.
...APPELLANT
(BY SRI N.VAGEESH, ADVOCATE)
AND:
AVALAPPA
AGED ABOUT 59 YEARS
S/O LATE LAKSHMAIAH
RESIDENT OF DETTENAHALLI VILLAGE,
KUNDANA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT
...RESPONDENT
(BY SRI B. SHARATH KUMAR, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 20.10.2010
PASSED IN R.A.NO.84/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, DEVANAHALLI, PARTLY
ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 09.11.2007 PASSED IN O.S.NO.373/1996 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.)& J.M.F.C.,
DEVANAHALLI.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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NC: 2024:KHC:30075
RSA No. 499 of 2011
C/W RSA No. 653 of 2011
ORAL JUDGMENT
A compromise petition under Order XXIII Rule 3 of the
Code of Civil Procedure signed by the parties and their
respective advocates, is presented before the Court.
2. Respondent-Avalappa is present along with his son.
Insofar as appellant is concerned, Kum.Asha Rani, who attained
majority is present along with her maternal uncle.
3. Terms of the compromise has been reduced into writing
in English language for the sake of clarity and certainty.
4. The contents of the compromise petition are read over to
the parties in Kannada language in the presence of their
advocates.
5. Parties submit that the terms of the compromise petition
depict the true terms of settlement and as per the agreement,
properties are now to be divided as mentioned in the
compromise petition. They also unequivocally submit that
there is no force, coercion or undue influence in reaching out
the compromise and it is voluntary.
6. Accordingly, there is no impediment for this Court to
accept the compromise petition and dispose of the appeal in
terms of the compromise petition.
NC: 2024:KHC:30075
5. Hence, the following:
ORDER
(i) Appeals stand disposed of in terms of the
compromise petition.
(ii) Office is directed to draw final decree in
terms of the compromise petition appending
the copy of compromise petition as part of
the decree.
(iii) Parties to bear their own costs.
(iv) Appellant is entitled for the refund of
permissible Court Fee.
Sd/-
(V.SRISHANANDA)
JUDGE
kcm
