Smt.M V Vasuda vs M Manjunath
2025 Latest Caselaw 5729 Kant

Karnataka High Court

Smt.M V Vasuda vs M Manjunath on 18 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                 NC: 2025:KHC:31945
                                                 RSA No. 92 of 2021


            HC-KAR




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 18TH DAY OF AUGUST, 2025

                                     BEFORE
                     THE HON'BLE MR. JUSTICE V SRISHANANDA
               REGULAR SECOND APPEAL No.92 OF 2021 (MON)
           BETWEEN:
               SMT.M V VASUDA
               AGED ABOUT 41 YEARS
               W/O LATE G V CHANDRASHEKHAR
               R/AT BESIDE MUNICIPAL COLLEGE
               M.G ROAD,
               CHIKKABALLAPUR -562 101
                                                       ...APPELLANT

           (BY SMT.SUSHEELA, SR. ADVOCATE ALONGWITH SMT.ASHIKA
           GURUMATH AND SRI SOMANATHA H, ADVOCATES)
           AND:

               M MANJUNATH
               AGED ABOUT 50 YEARS
               S/O MUNIVENKATAPPA
               R/AT BEHIND KRISHNA TALKIES
               FORT CHIKKABALLAPUR -562101
Digitally                                        ...RESPONDENT
signed by R (BY SRI SUBRAMANYA P, ADVOCATE)
MANJUNATHA
Location:
HIGH COURT
OF               THIS RSA IS FILED UNDER SECTION 100 OF CIVIL
KARNATAKA   PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
           DATED 07.12.2020 PASSED IN RA.No.14/2017 ON THE FILE OF
           THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
           CHIKKABALLAPURA, PARTLY ALLOWING THE APPEAL AND
           MODIFYING THE JUDGMENT AND DECREE DATED 27.10.2016
           PASSED IN OS.No.67/2009 ON THE FILE OF THE PRINCIPAL
           SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA.
                               -2-
                                           NC: 2025:KHC:31945
                                           RSA No. 92 of 2021


HC-KAR




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA


                      ORAL JUDGMENT

A compromise petition under Order XXIII Rule 3 of the

Code of Civil Procedure signed by the parties and their

respective advocates, is presented before the Court.

2. Parties are present.

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

the parties in Kannada language in the presence of their

advocates.

4. 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.

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

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

6. Hence, the following:

NC: 2025:KHC:31945

HC-KAR

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.

(iii) Parties to bear their own costs.

(iv) Since the settlement has taken place by judicial settlement, following the dictum of the Hon'ble Apex Court in the case of Jage Ram vs. Ved Kaur and others passed in SLP No.723/2023 dated 28.01.2025, appellant is entitled for the refund of full Court Fee.

Sd/-

(V SRISHANANDA) JUDGE

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