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Karnataka High Court
Smt Sunanda M Salian vs Mrs Vidyavathi R Salian on 12 December, 2025
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RSA No. 1389 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
REGULAR SECOND APPEAL NO. 1389 OF 2019 (DEC/INJ)
BETWEEN:
SMT SUNANDA M SALIAN
W/O LATE MANIRANJAN R AMIN
AGED ABOUT 59 YEARS,
R/AT MANU NILAYA
BAPPANADU VILLAGE,
MANGALURU TALUK
D.K. DISTRICT-574 154.
...APPELLANT
(BY SRI. ABHISHEK MARLA M.J, ADVOCATE)
AND:
MRS VIDYAVATHI R SALIAN
W/O RAGHUNATH S SALIAN
Digitally signed AGED ABOUT 67 YEARS,
by PANKAJA S R/AT MANU NILAYA
Location: HIGH BAPPANADU VILLAGE,
COURT OF
KARNATAKA MANGALURU TALUK
D.K. DISTRICT
NOW RESIDING AT A-402,
AMEYA APARTMENTS
CHOWGLE NAGARAM SAVARPADA
BORIVILLI (E) MUMBAI-66
...RESPONDENT
(BY SRI. MEGHACHANDRA D.N, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 26.04.2019 PASSED IN
RA NO.56/2014 ON THE FILE OF THE IV ADDL.DISTRICT AND
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RSA No. 1389 of 2019
HC-KAR
SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 22.09.2014 PASSED IN OS NO.35/2012
ON THE FILE THE SENIOR CIVIL JUDGE AND ACJM., KARKALA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
The vakalath filed by the learned counsel Sri
Meghachandra D.N., for the respondent is taken on record.
2. A compromise petition filed by the learned counsel
appearing on either side under Order XXIII Rule 3 of CPC along
with an affidavit of both the parties separately is taken on
record. The same reads as under:
"MEMORANDUM OF COMPROMISE PETITION FILED
UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL
PROCEDURE, 1908
The Appellant and the Respondent jointly submit
as under:
1. It is submitted that, Appellant has preferred the
present appeal challenging the judgment and decree
dated 26.04.2019 passed by the IV Addl. District &
Sessions Judge, D.K Mangaluru in R.A No.56/2014
wherein First Appellate Court had set aside and reversed
the judgment and decree dated 22.09.2014 passed by
the senior Civil Judge & ACJM Karkala in O.S No.
35/2014.
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2. It is submitted that, the Appellant and the
Respondent shall be collectively referred to hereinafter
as "PARTIES" for the sake of brevity.
3. It is submitted that, the appellant and
respondent are Sister-in-laws by relationship and the
dispute had arisen due to some misunderstandings
between them, which led to the filing of the suit in O.S
No 35/2014 by the Respondent herein. However, the
said suit was dismissed by the trial court against which
the respondent herein filed R.A No.56/2014. However
the First Appellate Court vide Judgment and Decree
dated 26.04.2019 had allowed the appeal and
consequently allowed the suit.
Therefore the appellant herein who was the
defendant in the suit has filed this appeal.
4. Appellant and Respondent due to the close
relationship and due to the interference of the family
daiva (deity) in the month of May 2025 have settled the
dispute involved in the suit. And the respondent herein
has let off her claim in the suit.
5. In that view of the matter the Appellant and
Respondent after thorough deliberation and mutual
consultations have entered into a compromise, and they
have decided to settle their disputes amicably as
continuation of litigation would cause severe
inconvenience to both the Parties.
NOW THE TERMS OF THE COMPROMISE
WITNESSTH AS FOLLOWS;
i. The Respondent undertakes to withdraw the
claim in the suit and she would not press the execution
of judgment and decree dated 26.04.2019 passed by the
IV Addl. District & Sessions Judge, D.K Mangaluru in R.A
NO.56/2014. Therefore the respondent herein in lieu of
the compromise arrived agrees to allow the above
appeal.
ii. That the compromise entered in to between the
parties is valid, legal and the same is not opposed to any
law. The above compromise is entered between the
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parties out of their free will, without any threat, any
force, coercion and undue influence in entering this
compromise.
iii. In view of the compromise entered into
between the parties, except the terms specified in the
instant compromise, there are no other claims against
each other. If any claims whatsoever by the Respondent
or legal heirs or any one claiming under him shall stand
forfeited as per understanding arrived between the
parties in this Compromise Petition.
iv. Both Parties herein after thorough deliberation
have arrived at the above consensus and have realized
the above terms and conditions with free consent, in
their free will without any coercion. The above terms and
conditions have been placed before the parties
individually for verifying and clarification with their
respective counsels and only after approval by all the
parties and their counsels this MEMORANDUM OF
COMPROMISE is signed by all the parties in the presence
of their respective counsels and presented before this
Hon'ble Court.
WHEREFORE, it is most respectfully prayed that
this Hon'ble Court may kindly be pleased to accept the
MEMORANDUM of COMPROMISE and set aside the
judgment and Decree dated 26.04.2019 passed by the
IV Addl. District & Sessions Judge, D.K Mangaluru in R.A
No.56/2014dated, in the interest of justice and equity."
3. The parties are present through video conferencing
and they have been duly identified by their respective counsel.
They submit that the appeal may be disposed of in terms of the
compromise petition.
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4. In the above view of the matter, the appeal is
accordingly disposed of in terms of compromise entered into
between the parties.
5. The judgment and decree dated 26.04.2019 passed
in Regular Appeal No.56/2014 by the Court of IV Addl. District
and Sessions Judge, Dakshina Kannada, Mangaluru is set-aside.
Decree shall be drawn up in terms of compromise.
All pending Interlocutory Application[s] stand disposed of.
SD/-
(RAJESH RAI K)
JUDGE
HKV
List No.: 1 Sl No.: 39
