Smt H N Susheelamma vs Sri Havinal Prashanth
2024 Latest Caselaw 22355 Kant

Karnataka High Court

Smt H N Susheelamma vs Sri Havinal Prashanth on 3 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                 NC: 2024:KHC:36029
                                                RFA No. 275 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO.275 OF 2023 (DEC)
            BETWEEN:

                  SMT H N SUSHEELAMMA
                  W/O H S VIJAYAKUMAR
                  AGED ABOUT 66 YEARS
                  PRESENTLY RESIDING AT
                  NO.27, MICO LAYOUT,
                  WEST OF CHORD ROAD
                  BENGALURU-86
                                                       ...APPELLANT
            (BY SRI C.ANILKUMAR, ADVOCATE)

            AND:

            1.  SRI HAVINAL PRASHANTH
                S/O HAVINAL KARIBASAPPA
                AGED ABOUT 47 YEARS
                PRESENTLY R/A NO.16, COMFORT ENCLAVE,
Digitally       APARTMENT NO.213, GANGANAGAR
signed by       BENGALURU-32
MALATESH
KC                                                  ...RESPONDENT
Location:   (BY SRI JEEVAN NARASIMHA RAO, ADVOCATE)
HIGH
COURT OF
KARNATAKA        THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
            AGAINST THE JUDGMENT AND DECREE DATED 29.11.2022
            PASSED IN O.S.No.25370/2008 ON THE FILE OF THE XXVI
            ADDITIONAL CITY CIVIL JUDGE, MAYO HALL, BENGALURU,
            DECREEING THE SUIT FOR DECLARATION.

                 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
            DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                    -2-
                                               NC: 2024:KHC:36029
                                              RFA No. 275 of 2023




CORAM:         HON'BLE MR JUSTICE V SRISHANANDA


                             ORAL JUDGMENT

Parties are present. Joint compromise petition is filed

under Order 23 Rule 3 CPC is filed. Contents of the compromise

petition read over to the parties.

2. Parties admit that the terms of the compromise

petition depict true terms of compromise and there is no force,

undue influence or coercion in reaching out the terms of the

compromise.

3. Accordingly, there is no impediment for this Court

to dispose of the appeal in terms of the compromise petition.

Hence, following:

ORDER

Appeal is disposed of in terms of compromise petition.

Office is directed to draw a decree in terms of the

compromise petition appending the copy of the compromise

petition as part of the decree.

Refund of permissible Court fee is ordered.

Sd/-

(V SRISHANANDA) JUDGE