Karnataka High Court
Smt. Bhagya vs Smt. J P Nazarath on 28 October, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:43554
RFA No. 718 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 718 OF 2020 (INJ)
BETWEEN:
SMT. BHAGYA
W/O R BALEGOWDA,
AGED ABOUT 51 YEARS,
R/O NO.26, SRIRANGA NILAYA,
JALADARSHINI LAYOUT,
3RD MAIN, RMV 2ND STAGE,
BENGALURU-560094
WRONGLY REFERRED AS
SMT BHAGYAMMA
C/O SRI ANNAPURANA ESHWARI ENTERPRISES,
AKHILA KARNATAKA
DR SUBHASH BHARANI
ABHIMANIGALA SANGHA,
REG NO.61/2, IST FLOOR,
8TH MAIN 18TH CROSS,
MALLESHWARAM,
Digitally signed BENGALURU-560055
by BHARATHI S ...APPELLANT
Location: HIGH (BY SRI. B RAMESH.,ADVOCATE)
COURT OF
KARNATAKA AND:
1. SMT. J P NAZARATH
W/O SHRI SATYARAJ,
D/O P A NAZARATH,
AGED ABOUT 65 YEARS,
R/AT ASHIRWAD NO.106,
SILVEPURA POST,
SILVEPURA,
BENGALURU-560090
2. SRI PURUSHOTHAMA K
AGED ABOUT 52 YEARS,
-2-
NC: 2024:KHC:43554
RFA No. 718 of 2020
C/O SRI ANNAPURNA ESHWARI ENTERPRISES,
AKHILA KARNATAKA DR SUBHASH BHARANI
ABHIMANIGALA SANGHA
REG NO.61/2, IST FLOOR,
8TH MAIN, 18TH CROSS,
MELLESHWARAM
BENGALURU-560055
...RESPONDENTS
(BY SRI.M MANJUNATH, ADVOCATE FOR R1
NOTICE TO R2 IS DELETED V/O DTD 27.8.2024)
THIS RFA IS FILED UNDER SEC. 96 R.W ORDER XLI RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.02.2020
PASSED IN OS.NO.4770/2006 ON THE FILE OF THE XXX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE
SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office to delete the name of Sri Vinod Prasad, learned
counsel for respondent No.1 as Sri M.Manjunath, learned
counsel appears for respondent No.1.
2. This appeal is filed by defendant No.1 under Section
96 of Code of Civil Procedure, 1908 to set aside the judgment
and decree dated 01.02.2022 in O.S. No.4770/2006 on the file
of XXX Additional City Civil and Sessions Judge, Bengaluru
(CCH - 31).
NC: 2024:KHC:43554
3. During the pendency of the appeal, both appellant
as well as respondent No.1 filed joint compromise application.
It is submitted that the name of the appellant is Bhagya.
However, in the judgment of the trial Court, it is mentioned as
Smt.Bagyamma. Likewise, in the judgment of the Trial Court,
the name of the plaintiff was shown as Smt. J.P. Nagarath
instead of Smt. J.P.Nazareth. However, on perusal of the
decree, it is rightly mentioned as Smt. J.P.Nazarath. Therefore,
the plaintiff's name is considered as Smt. J.P.Nazarath and
respondent No.1 name is considered as Smt. Bhagya.
4. Heard learned counsel for the appellant on
I.A.1/2024 for compromise under Order XXIII Rule 3 of CPC.
5. As per the terms of compromise, the appellant has
received a sum of `2 lakhs by way of cheque bearing
No.484986 dated 02.04.2024 and ` 3 lakhs by way of cheque
bearing No.484987 dated 30.04.2024 both cheques drawn on
State Bank of India, Chikkabanavara Branch, Bengaluru titally
`5 lakhs. The same is said to have been received by the
appellant and forgo the right over the suit schedule property
to the 1st respondent/plaintiff and the appellant shall execute
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the Confirmation Deed before the Sub Registrar. The same is
accepted and the matter is compromised as per compromise
agreed into between the parties dated 14.08.2024 in
accordance with law. Hence, I.A.1/2024 filed for compromise
of the matter is allowed. The appeal is disposed of in terms of
compromise.
Draw Decree accordingly.
SD/-
(K.NATARAJAN)
JUDGE
BS
