Uma Prakash vs M. Anjanappa @ Mariganna
2024 Latest Caselaw 12245 Kant

Karnataka High Court

Uma Prakash vs M. Anjanappa @ Mariganna on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                     NC: 2024:KHC:18888
                                                   RSA No. 606 of 2010




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JUNE, 2024

                                      BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                REGULAR SECOND APPEAL NO. 606 OF 2010 (MON)
              BETWEEN:

              UMA PRAKASH,
              W/O A. PRAKASH,
              AGED ABOUT 48 YEARS,
              R/AT IVARAKANDAPURA VILLAGE,
              HESARAGHATTA, T.B. POST,
              BANGALORE NORTH TALUK - 88
                                                            ...APPELLANT
              (BY SRI. ABHINAV R, ADVOCATE)

              AND:

              M. ANJANAPPA @ MARIGANNA,
              MAJOR, AGE NOT KNOWN TO THE APPELLANT,
              S/O LATE C. MUNIYAPPA,
Digitally     R/AT IVARAKANDAPURA VILLAGE,
signed by R
MANJUNATHA    HESARAGHATTA, T.B. POST,
Location:
HIGH COURT    BANGALORE NORTH TALUK - 88.
OF
KARNATAKA                                                  ...RESPONDENT
              (BY SRI. N. THEJESH, ADVOCATE)

                     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
              THE JUDGMENT AND DECREE DATED 7.3.2009 PASSED IN
              R.A.NO.188/2007 ON THE FILE OF THE PRINCIPAL DISTRICT
              JUDGE,     BANGALORE    RURAL    DISTRICT,    BANGALORE.
              DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND
                                -2-
                                               NC: 2024:KHC:18888
                                           RSA No. 606 of 2010




DECREE DATED 21.2.2007 PASSED IN O.S.NO.74/2002 ON THE
FILE OF THE I ADDL. CIVIL JUDGE (SR.DN), BANGALORE
RURAL DISTRICT, BANGALORE.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

The matter was referred to the Mediation Centre,

Bangalore by this Court at the request of the parties. The

report from the Karnataka Mediation Centre has been received

along with the memorandum of settlement signed by the

parties.

2. The parties have amicably settled the dispute

before the mediator and they reiterate before this court that

there is no force or undue influence or coercion in reaching out

the terms of the settlement. Therefore, there is no impediment

for this Court to dispose of the appeal in terms of the mediation

report.

3. As per the terms of the mediation, a demand draft

in a sum of Rs.1,00,000/- has been already tendered by the

appellant to the respondent on 16.04.2024 and the balance

amount of Rs.50,000/- is paid by the appellant to the

NC: 2024:KHC:18888

respondent before this Court. The same is acknowledged by

the respondent.

4. Accordingly, following order is passed:

ORDER

1. The appeal stands disposed of in terms of

the mediation report.

2. Office is directed to pass the appropriate

decree in terms of the mediation report

appending a copy of the mediation report

as part of the decree.

3. Amount in deposit is ordered to be

released/returned in favour of the

respondent under due identification.

Sd/-

JUDGE

SMC

CT: BHK