Smt. Shivarudramma vs Sri. V. S. Guruprasad
2024 Latest Caselaw 25358 Kant

Karnataka High Court

Smt. Shivarudramma vs Sri. V. S. Guruprasad on 24 October, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                              -1-
                                                    NC: 2024:KHC:42856-DB
                                                    RFA No. 1006 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                         PRESENT
                         THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                              AND
                          THE HON'BLE MR JUSTICE RAJESH RAI K
                 REGULAR FIRST APPEAL NO. 1006 OF 2023 (DEC/INJ)
                BETWEEN:

                1.    SMT. SHIVARUDRAMMA
                      W/O.LATE.Y.B.NAGAIAH
                      AGED ABOUT 64 YEARS

                2.    KUM.Y.N.MANORAMA
                      D/O.LATE.Y.B.NAGAIAH
                      AGED ABOUT 34 YEARS

                3.    KUM.NAGAVENI.N.
                      D/O.LATE.Y.B.NAGAIAH
Digitally             AGED ABOUT 30 YEARS
signed by
SUMATHY
KANNAN                ALL ARE R/AT HOUSE NO.173
Location:             SITE NO.3, PIPELINE ROAD
High Court of         SUNAKADAKATTE, HOYSAALNAGAR
Karnataka
                      SHRIGANDADAKAVAL
                      VISHWANEEDAM POST
                      BENGALURU-560 091.
                                                            ...APPELLANTS
                (BY SRI. HARSHA KUMAR GOWDA H R - ADVOCATE)

                AND:

                      SRI. V. S. GURUPRASAD
                      S/O.H.S.POOJARI
                      AGED ABOUT 45 YEARS
                      RESIDING AT NO.193/C
                      4TH MAIN, 5TH CROSS
                      J.P. NAGAR 4TH PHASE
                               -2-
                                           NC: 2024:KHC:42856-DB
                                           RFA No. 1006 of 2023




   DOLLARS COLONY
   BENGALURU-560078.
                                                  ...RESPONDENT
(BY SRI. SHIVAKUMARAPPA T C - ADVOCATE)

     THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN
OS NO.2873/2018 ON THE FILE OF THE XXXIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY.

    THIS RFA, COMING ON FOR ORDERS,                   THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE K.SOMASHEKAR
          AND
          HON'BLE MR JUSTICE RAJESH RAI K


                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and

decree rendered by the Court below in O.S.No.2873/2018

dated 31.01.2023.

2. Learned counsel for the parties have filed

compromise petition under Order 23 Rule 3 read with

Section 151 of CPC and the same reads as under:

1. It is respectfully submit that, the appellants herein are filed the above appeal by seeking a relief of set aside the judgment and decree passed in

NC: 2024:KHC:42856-DB

OS.No.2873/2018 and other reliefs in against the respondent in respect of the suit schedule property.

2. The appellants and the respondent herein on the intervention of well wishers, friends and relatives, have amicable settled their disputes and differences and arrived at a following terms of this compromise.

3. The respondent herein has agreed that, the appellants are the absolute owners by having all rights, interest, physical possession in respect of the schedule property.

4. The respondent herein have agreed that, the appellants are entitle to use and enjoy as absolute owners by having all rights, title and interest, physical possession of the schedule property and the appellants shall exercising their rightful ownership can also deal with the same in the like manner in respect of schedule property as absolute owners and also they are liberty to deal with the schedule property in accordance with law as prescribed.

5. It is submitted that, the respondent herein has undertaken before this Hon'ble court, they will never disturb the peaceful physical possession and enjoyment of the schedule property of the appellants in any manner.

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6. It is submitted that, the parties to appeal prays that, this Hon'ble court may be pleased to order to refund the court fee in favor of the appellant No.1.

7.In view of the above facts, the suit may be decreed by drawing a decree by entering the above mentioned compromise terms

Wherefore, it is prayed that, this Hon'ble court be pleased to record/accept the compromise petition and decreed the suit by drawing a decree as settled between parties in pursuance of the same in the interest of justice and equity.

Appellants namely Smt.Shivarudramma,

Kum.Y.N.Manorama and Kum.Nagaveni N and respondent

namely Sri V.S.Guruprasad are present before the Court

physically. Both the parties have arrived at settlement of

the issues in this appeal by filing the compromise petition

and the terms stated therein. The compromise petition is

taken on record. Consequently, the appeal is disposed of

in terms of the compromise petition. The judgment and

NC: 2024:KHC:42856-DB

decree rendered by the Court below in O.S.No.2873/2018

dated 31.01.2023 is set-aside.

In view of settlement of issues between the parties in

terms of the compromise petition, the Court fee is ordered

to be refunded to Appellant No.1 on due identification.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

DKB