Smt. A. M. Uma vs Mr. M. B. Dalawai
2025 Latest Caselaw 3259 Kant

Karnataka High Court

Smt. A. M. Uma vs Mr. M. B. Dalawai on 7 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                  NC: 2025:KHC:30770
                                                 RSA No. 354 of 2023


            HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 07TH DAY OF AUGUST, 2025

                                     BEFORE
                     THE HON'BLE MR. JUSTICE V SRISHANANDA
                 REGULAR SECOND APPEAL No.354 OF 2023 (MON)


            BETWEEN:

            1.    SMT. A. M. UMA
                  AGED ABOUT 65 YEARS,
                  W/O LATE CHENNAPPA,
                  R/AT NO.663, 6TH CROSS,
                  2ND MAIN, LAKANAYAKA NAGARA,
                  DEVARAJ MOHALLA,
                  MYSORE - 571 130.

            2.    MR. YATHISHKUMAR J. E.
                  AGED ABOUT 40 YEARS,
                  S/O LATE CHENNAPPA,
                  R/AT NO.663, 6TH CROSS,
                  2ND MAIN, LAKANAYAKA NAGARA,
Digitally         DEVARAJ MOHALLA,
signed by         MYSORE - 571 130.
MALATESH
KC                                                     ...APPELLANTS
Location:   (BY SMT. LAKSHMI S B., ADVOCATE)
HIGH
COURT OF
KARNATAKA   AND:

                  MR. M. B. DALAWAI
                  AGED ABOUT 68 YEARS,
                  S/ LATE BALAPPA DALAWAI,
                  R/AT NO.77,
                  NEAR MILK DIARY,
                               -2-
                                            NC: 2025:KHC:30770
                                          RSA No. 354 of 2023


HC-KAR




     HUNSURU - MUSORE MAIN ROAD,
     YELAWALA VILLAGE,
     YELAWALA HOBLI,
     MYSORE TALUK - 571 130.

     R/AT NO.19, SHIVANIVAS,
     HUNSURU MAIN ROAD,
     OPPOSITE TO HOSAKAMANAKOPPALU LAYOUT,
     YELAWALA, HUNSURU,
     MYSORE MAIN ROAD - 571 130.
                                       ...RESPONDENT
(BY SRI. P. NATARAJU, ADVOCATE)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 17.10.2022
PASSED IN RA.No.109/2021 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 23.10.2020 PASSED IN OS No.105/2016
ON THE FILE OF THE VIII ADDITIONAL I CIVIL JUDGE AND
JMFC, MYSURU.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA


                         ORAL JUDGMENT

Parties present. They present a compromise petition

under Order XXIII Rule 3 of the code of Civil Procedure.

2. Pursuant to the compromise petition, sum of Rs.75,000/-

is transferred to the bank account of the respondent. For the

balance amount, time is extended till 31st August 2025.

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HC-KAR

3. 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 and it is voluntary.

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

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

5. Hence, the following:

ORDER

(i) Appeal is allowed in part.

(ii) Decree of the Trial Court and the First Appellate court is modified in terms of the compromise petition.

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

(iv)Parties to bear their own costs.

(v) Appellants are entitled for the refund of permissible Court Fee.

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(vi) After payment of balance sum of Rs.1,00,000/- respondent shall withdraw the pending execution petition.

Sd/-

(V SRISHANANDA) JUDGE

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