Karnataka High Court
Sri N Subramani vs Sri N Narasimha Murthy on 30 October, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:43951-DB
RFA No. 1897 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH 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. 1897 OF 2021 (PAR/POS)
BETWEEN:
SRI. N SUBRAMANI
S/O LATE NARASIMHAIAH
AGE: 63 YEARS
NO.9, 3RD CROSS
3RD MAIN ROAD
HANUMAGIRINAGAR
CHIKKALLASANDRA
BENGALURU 560 061.
...APPELLANT
(BY SRI. ACHARYA GURURAJA GOPAL - ADVOCATE)
Digitally
signed by AND:
SUMATHY
KANNAN 1. SRI N NARASIMHA MURTHY
Location: S/O LATE NARASIMHAIAH
High Court of
Karnataka AGED ABOUT 65 YEARS
NO.9, 3RD CROSS
3RD MAIN ROAD
HANUMAGIRI NAGAR
CHIKKALLASANDRA
BENGALURU 560 061.
2. SMT. PADMAVATHI
W/O HEMARAJU
D/O LATE NARSIMHAIAH
AGED ABOUT 59 YEARS
R/O NO.5 SAMPANGIRAMAIAH LAYOUT
SIDDEHALLI, BENGALURU 560 073.
-2-
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RFA No. 1897 of 2021
3. SRI. SRINIVASA
S/O LATE NARASIMHAIAH
AGED ABOUT 56 YEARS
4. SMT. MAHALAKSHMI
W/O LUMASHANKAR
D/O LATE NARASIMHAIAH
AGED 57 YEARS
5. SMT. NANDINI
D/O LATE GOWARI NAD GANGADHAR
AGED ABOUT 27 YEARS
RESPONDENTS NO.3 TO 5 ARE
R/AT NO.9, 3RD CROSS
3RD MAIN, HANUMAGIRINAGAR
CHIKKALLASANDRA
BENGALURU 560 061.
...RESPONDENTS
(BY SRI. VIJAYA KUMAR K - ADVOCATE FOR RESPONDENT
NO.1; SMT. SHEELA MARY Y - ADVOCATE FOR RESPONDENTS
NO.2 TO 5)
THIS RFA FILED UNDER SECTION 96 R/W ORDER 41 OF
CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 22.03.2021 PASSED IN OS
No.6769/2016 ON THE FILE OF THE VII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU AND CONSEQUENTLY DISMISS
THE SUIT.
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
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RFA No. 1897 of 2021
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and
decree rendered by the Trial Court in O.S.No.6769/2016
dated 22.03.2021 relating to the properties depicted
therein.
2. Learned counsel Shri Acharya Gururaja Gopal and
so also the learned counsel Shri Vijaya Kumar K for
Respondent No.1 and so also the learned counsel Smt.
Sheela Mary Y for Respondent Nos.2 to 5 are present.
3. In this appeal, learned counsel for the parties have
filed a compromise petition under Order XXIII Rule 3 read
with Section 151 of the CPC, which reads thus:
"The Appellant/ 1st Defendant and Respondents
beg to file the following Compromise Petition.
1. The dispute between the parties has been
amicably resolved at the intervention of their well
wishers and have compromised the above suit on
following terms of compromise.
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2. The Appellant / Defendant No.1 has agreed to
pay a sum of Rs.45,00,000/- (Rupees forty five lakhs
only) to the Respondents as follows:
a. A sum of Rs. 15,00,000/- (Rupees fifteen lakhs only)
will be paid to Sri. Narasimha Murthy N (plaintiff-1)
through D.D No. 628011 SBI Bank, Padmanabhanagar
Branch, dated 09-10-2024.
b. A sum of Rs.5,00,000/- (Rupees five lakhs only) will
be paid to Smt. Padmavathi (plaintiff-2) through cheque
No.575253 SBI Bank, Padmanabhanagar Branch, dated
21-10-2024.
c. A sum of Rs. 15,00,000/- (Rupees fifteen lakhs only)
will be paid to Sri. Srinivasa.N (Defendant -2) through
cheque No.575254, SBI Bank, Padmanabhanagar Branch
dated 21.10.2024.
d. A sum of Rs.5,00,000/- (Rupees five lakhs only) will
be paid to Smt. Mahalakshmi alias Yashodha (Defendant
No.3) through cheque No.575255, SBI Bank,
Padmanabhanagar Branch dated 21-10-2024.
e. A sum of Rs.5,00,000/- (Rupees five lakhs only) will
be paid to Smt. Nandini.G (Defendantd No.4) through
cheque No.575256, SBI Bank, Padmanabhanagar Branch
dated 21.10.2024.
3. It is submitted that the Respondents have
accepted/ admitted that the suit schedule property is the
self acquired property of the Appellant/ DefendantNo.1
(N. Subramani) and he is the absolute owner and in
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lawful possession of suit schedule property by virtue of
Registered Sale deed dated 9-12-2015 as per Ex.P.19.
4. The plaintiff/ Respondent No.1 has undertaken
to quit, vacate and deliver the vacant possession of the
1st floor of suit schedule property in his occupation to
the Appellant (N. Subramani) on or before 25th October
2024.
5. That the parties to the above suit mutually
agree that, this Hon'ble court to Set aside the Judgment
and decree dated 22-03-2021 passed by the learned VII
Additional City Civil Judge Bangalore (CCH-19) in O.S.
No. 6769/2016 and consequently dismiss the suit.
6. In the event of default of either of the parties to
comply with the terms of the compromise agreed herein
above, then the other party shall be entitled to enforce
his right in execution proceedings and he also shall be
entitled to claim damages.
7. In pursuance of assurance and undertaking
given by the parties to each other, they have voluntarily
entered into this compromise petition.
Wherefore the parties to the above suit jointly
pray that, this Hon'ble court be may pleased to Set aside
the Judgment and decree dated 22-03-2021 passed by
the learned VII Additional City Civil Judge Bangalore
(CCH-19) in O.S. No. 6769/2016 and consequently
dismiss the suit with no order as to costs in terms of this
compromise petition."
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4. The appellant as well as the respondents are
present before Court physically and all the parties to the
appeal proceedings have agreed to the above stated
settlement in respect of the issues that emerged between
the parties. They have also subscribed their signatures to
the compromise petition. Learned counsel for both the
parties pray that this compromise petition be taken on
record and the appeal be disposed of in terms of the said
compromise entered into among the parties.
5. Consequently, this compromise petition is taken
on record and the appeal is disposed of in terms of the
said compromise petition. As a consequence, the
judgment and decree dated 22.03.2021 rendered by the
Trial Court in O.S.No.6769/2016 is hereby set aside.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
KS
