Sri Nagadenhalli Byra Reddy Bisanna vs Dr Manjunath C
2024 Latest Caselaw 15084 Kant

Karnataka High Court

Sri Nagadenhalli Byra Reddy Bisanna vs Dr Manjunath C on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                              -1-
                                                       NC: 2024:KHC:24204
                                                    MFA No. 3803 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF JUNE, 2024

                                         BEFORE
                        THE HON'BLE MR JUSTICE RAVI V HOSMANI
                MISCELLANEOUS FIRST APPEAL NO. 3803 OF 2024 (CPC)
                BETWEEN:

                1.    SRI NAGADENHALLI BYRA REDDY BISANNA
                      AGED ABOUT 45 YEARS,
                      S/O SRI BYRA REDDY N S
                      R/AT NO.6, 5TH B MAIN,
                      1ST MAIN ROAD, K S TOWN,
                      BANGALORE - 560060.

                      AND ALSO CARRYING ON BUSINESS AS,
                      ADARSH PHARMA,
                      ADARSH HOSPITAL BUILDING,
                      R/AT NO.1949, 6TH CROSS,
                      K S TOWN, BANGALORE - 560060.

                                                             ...APPELLANT
                (BY SRI. C M NAGABUSHANA., ADVOCATE)

Digitally signed by AND:
GEETHAKUMARI
PARLATTAYA S
                    1. DR MANJUNATH C
Location: High
Court of Karnataka     AGED ABOUT 55 YEARS,
                      S/O LATE CHOWDA SETTY,
                      R/AT MANTRI ALPYNE,
                      F-1208, DR VISHNUVARDHAN ROAD,
                      BANASHANAKARI 5TH STAGE,
                      NEAR RNS IT COLLEGE,
                      BANGALORE - 560061.
                                                         ...RESPONDENT
                (BY SRI. G.KRISHNA MURTHY, SR, COUNSEL FOR
                    SRI. SAMPAT BAPAT, ADVOCATE)
                                   -2-
                                                NC: 2024:KHC:24204
                                           MFA No. 3803 of 2024




     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 07.06.2024 PASSED ON
I.A.NO.1 IN OS.NO.2183/2024 ON THE FILE OF THE XXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH-7, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39
RULE 1 AND 2 R/W SECTION 151 OF CPC.

     THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                             JUDGMENT

This is an appeal filed by plaintiff against order dated

07.06.2024 passed by XXII Additional City Civil and Sessions

Judge at Bengaluru City in OS No.2183/2024 on I.A.No.1 filed

under Order 39 Rule 1 and 2 of CPC.

2. It is submitted that during pendency of appeal,

parties have entered into a compromise with regard to suit

schedule property and a compromise petition is filed

incorporating terms of compromise entered into between

parties.

3. Parties are present and are identified by their

respective counsels.

4. On interaction, parties have stated that terms of

compromise petition have been explained to them and after

NC: 2024:KHC:24204

understanding same, they have voluntarily signed compromise

petition, without any threat, duress or inducement from

anyone.

5. I have perused terms of compromise petition, they

are lawful.

6. Hence, compromise petition is taken on record it is

ordered that in terms of compromise appeal stands disposed of.

Since compromise would cover subject matter of suit

also, parties would be at liberty to bring above compromise

petition to notice of trial Court and seek for disposal of suit

accordingly.

Sd/-

JUDGE

HB