Sri Mahesha vs Sri G H Channakeshava
2024 Latest Caselaw 22696 Kant

Karnataka High Court

Sri Mahesha vs Sri G H Channakeshava on 5 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                     NC: 2024:KHC:36700
                                                   RFA No. 187 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 05TH DAY OF SEPTEMBER, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.187 OF 2023 (SP)
            BETWEEN:

            1.    SRI MAHESHA
                  S/O CHANDREGOWDA
                  AGED ABOUT 46 YEARS
                  R/A KABBALLI HOSAHALLI
                  DUDDA HOBLI
                  HASSAN TALUK AND DISTRICT-573201
                                                           ...APPELLANT
            (BY SRI H J ANANDA, ADVOCATE)
            AND:

            1.    SRI G H CHANNAKESHAVA
                  S/O HANUMANTHE GOWDA
                  AGED ABOUT 51 YEARS
                  R/A MIG 900, BELAKU NILAYA
                  34TH CROSS, OPP: NEW BUS STAND
                  KHB EXTENSION, CHANNAPATNA
Digitally         HASSAN-573201
signed by                                                ...RESPONDENT
MALATESH    (BY SMT H.C.LOKESHWARI, ADVOCATE)
KC
Location:        THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
HIGH        RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
COURT OF    DATED 20.10.2022 PASSED IN O.S.NO.125/2018 ON THE FILE
KARNATAKA
            OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
            HASSAN, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE
            OF CONTRACT.

                THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
            JUDGMENT WAS DELIVERED THEREIN AS UNDER:
            CORAM:    HON'BLE MR JUSTICE V SRISHANANDA
                                -2-
                                             NC: 2024:KHC:36700
                                            RFA No. 187 of 2023




                        ORAL JUDGMENT

Parties are present with their respective advocates. They

present a joint compromise petition under Order XXIII Rule 3 of

the Code of Civil Procedure signed by the parties and their

respective advocates.

2. The contents of the compromise petition are read over to

the parties. Parties submit that the terms of the compromise

petition depict the true terms of settlement. They also

unequivocally submit that there is no force, coercion or undue

influence in reaching out the compromise.

3. Accordingly, there is no impediment for this Court to

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

4. Hence, the following:

ORDER

(i) Appeal stands disposed of in terms of the compromise petition.

(ii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.

NC: 2024:KHC:36700

(iii) Parties to bear their own costs.

(iv) Appellant is entitled for the refund of permissible Court Fee.

Sd/-

(V SRISHANANDA) JUDGE

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