Karnataka High Court
Sri B G Ramalingaiah vs Sri M D Boralingaiah on 31 July, 2024
-1-
NC: 2024:KHC:30332
RSA No. 1065 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO.1065 OF 2016 (SP)
BETWEEN:
1. SRI B.G. RAMALINGAIAH
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 71 YEARS,
R/O. SRI GURUKRUPA KALIDASA
EXTENSION, SIDDARUDANAGAR,
BHADRAVATHI TALUK-577 301.
2. SRI B.G. MOHAN KUMAR
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 61 YEARS,
R/O. PRASHANTHA NILAYA, K.C. ROAD,
KITTURCHANNAMMA LAYOUT,
BHADRAVATHI TALUK-577 301.
3. SRI B.G. ESHWARA
Digitally signed by S/O. LATE Y.S. GURULINGAIAH,
MAHALAKSHMI B M AGED ABOUT 45 YEARS,
Location: HIGH R/O. PRASHANTHA NILAYA, K.C. ROAD,
COURT OF KITTURCHANNAMMA LAYOUT,
KARNATAKA
BHADRAVATHI TALUK-577 301.
4. SRI B.G. ANANDA KUMAR
S/O. LATE Y.S. GURULINGAIAH,
AGED ABOUT 59 YEARS,
R/O. PRASHANTHA NILAYA, K.C. ROAD,
KITTURCHANNAMMA LAYOUT,
BHADRAVATHI TALUK-577 301.
5. SRI B.G. SHIVARAM
S/O. LATE Y.S. GURULINGAIAH,
-2-
NC: 2024:KHC:30332
RSA No. 1065 of 2016
AGED ABOUT 69 YEARS,
R/O DOOR NO.2/140, PAPER TOWN,
BHADRAVATHI TALUK-577 301.
6. SRI B.G. ESHWARA
S/O. LATE Y.S. GURULINGAIAH,
AGED ABUT 59 YEARS,
BOMMANAKATTE,
HIRIYUR POST-577302,
BHADRAVATHI TALUK.
7. SMT. B.G. KAMALA
W/O. K.K. SUNDARAJ, MAJOR,
R/O. AMBUR, CHENNAI-635802
TAMIL NADU STATE.
8. SMT. B.G. NAGARATHNA
W/O. KRISHNA, MAJOR,
R/O. KYATHA SANDRA,
TUMKUR-572 104.
9. SRI B.G. LAKSHMIPATHI
S/O. Y.S. GURULINGAIAH, MAJOR,
R/O. THIPPASANDRA, INDIRANAGAR,
BENGALURU-560 075. ... APPELLANTS
(BY SRI VENKATESH R. BHAGAT, ADVOCATE)
AND:
1. SRI M.D. BORALINGAIAH
S/O. LATE DEVEGOWDA,
AGED ABOUT 76 YEARS,
ARAKESHWARA NILAYA,
3RD CROSS, UPPER HUTTA,
BHADRAVATHI TALUK-577 301.
SINCE DEAD, REPRESENTED BY HIS LRs.
1(a) B. PRASANNA KUMAR
S/O. LATE M.D. BORALINGAIAH,
#RAMAKRISHNA KRUPA, 3RD CROSS,
PARK LINE, UPPER HUTTHA,
VTC BHADRAVATHI
DISTRICT: SHIVAMOGA-577301.
-3-
NC: 2024:KHC:30332
RSA No. 1065 of 2016
1(b) SMT. VASANTHA KUMARI
W/O. N.D. RAGHUNATH
D/O. LATE M.D. BORALINGAIAH
#1269, 4TH MAIN ROAD,
4TH CROSS, PADUVNA ROAD,
T.K. LAYOUT,
MYSORE-570009. ... RESPONDENTS
(AMENDMENT CARRIED OUT AS PER ORDERS
DATED 31/07/2024 ON I.A.NO.1 TO 3/2024.
(BY SRI M. RAVINDRANATH, ADVOCATE FOR R-1(A) & (B))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 08.03.2016 PASSED IN
R.A.NO.72/2013 ON THE FILE OF IV ADDL. DISTRICT AND
SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 31.01.2013 PASSED IN O.S.NO.163/2004 ON THE
FILE THE PRL. SENIOR CIVIL JUDGE & JMFC, BHADRAVATHI.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel for the parties submit that the
appellants and respondents have amicably settled the
dispute and compromise petition is filed under Order 23
Rule 3 read with Section 151 of the Code of Civil
Procedure by the learned counsel for the appellants and
NC: 2024:KHC:30332
respondents, which is duly signed by appellant No.2 as a
power of attorney of appellant Nos.1, 3 to 9 and
respondent No.1(a) as a GPA holder of respondent
No.1(b). The terms of the compromise is enumerated as
under:
"2. During the pendency of the above appeal
matter has been amicably settled between the
parties. Now the appellants herein have agreed to
pay a sum of Rs.7,00,000/-(Rupees Seven Lakhs
Only) towards the full and final settlement of the
amount payable to the plaintiff. The said sum has
been paid as per demand draft No.674964 dated
15.07.2024 for a sum of Rs.6 Lakhs favouring the
Respondent No-1a being LR of original respondent
namely M.D. Boralingaiah and a sum of
Rs.1,00,000/- Paid in cash on 04.04.2024. On the
receipt of the said amount the respondents 1a and
1b herein have given up their claim in its entirety
and no claim whatsoever is due from the appellants
herein. The copy of demand draft given to
respondent no.1A is produced herewith for a kind
perusal of this Hon'ble Court."
2. In terms of the settlement, appellants have
agreed to pay a sum of Rs.7,00,000/- towards full and
NC: 2024:KHC:30332
final settlement of the amount payable to the plaintiffs-
respondents, appellant No.2 has handed over the Demand
Draft No.674964 dated 15.07.2024 for a sum of
Rs.6,00,000/- to respondent No.1(a) for himself and GPA
holder of respondent No.1(b) and a sum of Rs.1,00,000/-
has been paid in cash on 04.04.2024, which is
acknowledged by the respondent No.1(a).
3. Respondent No.1(a) is present before the Court
receives the demand draft.
4. On query made to appellant No.2 and
respondent No.1(a), who are present before the Court,
they submit that they have voluntarily agreed to the terms
of the compromise.
5. The compromise petition is taken on record and
same would form part and parcel of the records.
6. In terms of the compromise petition, the
judgment and decree of the Courts below stands modified
and decree to be drawn accordingly.
NC: 2024:KHC:30332
7. In light of the parties arriving at settlement at
the time of admission, the appellants are entitled for
refund of Court fee as per Section 66(2)(c) of the
Karnataka Court Fee and Suits Valuation Act, 1958 and in
accordance with law. Refund of the Court fee to be issued
in the name of appellant No.2.
Sd/-
(K.S. HEMALEKHA)
JUDGE
MBM
