K Dayananda Suvarna vs K Ravindra
2024 Latest Caselaw 12546 Kant

Karnataka High Court

K Dayananda Suvarna vs K Ravindra on 5 June, 2024

                                                 -1-
                                                         NC: 2024:KHC:19457-DB
                                                          RFA No. 516 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 5TH DAY OF JUNE, 2024

                                          PRESENT
                THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                             AND
                           THE HON'BLE MS JUSTICE J.M.KHAZI
                        REGULAR FIRST APPEAL NO.516 OF 2016


               BETWEEN:

               1.   K. Dayananda Suvarna
                    S/o Late Omayya Suvarna
                    Aged about 62 years
                    R/o Car Street, Mangalore
                    Dakshina Kannada District 578 101.

               2.   K.Suresh Suvarna
                    S/o Late Omayya Suvarna
                    Aged about 60 years,
                    R/o Car Street, Mangalore
Digitally           Dakshina Kannada District 578 101.
signed by
SRIDEVI S
Location:      3.   K.Raghuvera Suvarna
High Court          S/o Late Omayya Suvarna
of Karnataka
                    Aged about 58 years,
                    R/o Car Street, Mangalore
                    Dakshina Kannada District 578 101.
                                                                    ...Appellants


               (By Sri. Vigneshwar S. Shastri, Senior Counsel for

                    Sri. R. Gururaj, Advocate)
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                                          NC: 2024:KHC:19457-DB
                                             RFA No. 516 of 2016




AND:

1.   K. Ravindra
     S/o Late K.Srinivas
     Aged about 57 years
     Residing at Gurukripa
     B.E.M.High School Cross Road
     Car Street, Mangaluru
     Dakshina Kannada District 578 101.

2.   K.Prabhakara Suvarna
     S/o Late Omayya Suvarna
     Aged about 56 years,
     R/o Car Street, Mangalore
     Dakshina Kannada District 578 101.
                                                   ...Respondents


(By Sri. K.S. Chandrahasa, Advocate for R-1;

     Smt. Thriveni P.C., Advocate for R-2)



       This RFA is filed under Sec.96 of CPC., against the

judgment     and    decree   dated    27.01.2016     passed     in

O.S.No.117/2012 on the file of the I Addl. Senior Civil Judge,

Mangaluru, D.K., decreeing the suit for specific performance.


       This RFA, coming on for final hearing, this day,

Sreenivas Harish Kumar J., made the following:
                             -3-
                                      NC: 2024:KHC:19457-DB
                                        RFA No. 516 of 2016




                          ORDER

The order sheet shows that compromise petition

was presented before this court on 18.04.2024 and it was

taken on record. Today appellant no.1 appears on his

behalf and as the general power of attorney (GPA) holder

of appellants 2 and 3. Original GPA has been produced.

GPA contains a clause authorizing appellant no.1 to enter

into compromise on behalf of appellants 2 and 3.

Respondents 1 and 2 are also present before the court.

2. The terms of the compromise petition are read

over and explained to the parties in Kannada language.

They admit the contents of the compromise petition and

submit that they have voluntarily entered into compromise

without any kind of compulsion or force. Sketch is

annexed to the compromise petition. The terms of the

compromise disclose that the North East portion of the

land shown in orange colour in the sketch described as

Schedule 'A' is allotted to plaintiff - respondent no.1. The

land described in Schedule 'B' to the compromise petition

will be retained by the appellants and respondent no.2.

NC: 2024:KHC:19457-DB

3. Since the terms of the compromise are lawful,

the compromise is accepted. Draw decree accordingly.

4. By virtue of this compromise an interest is

being created in the plaintiff - respondent no.1. Therefore

the compromise decree shall be registered in accordance

with Indian Registration Act.

5. Admissible court fee be refunded to GPA

holder - Sri. K. Dayananda Suvarna since the appeal is

disposed of by way of compromise.

Sd/-

JUDGE

Sd/-

JUDGE

SD