Citation : 2026 Latest Caselaw 155 Kant
Judgement Date : 9 January, 2026
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NC: 2026:KHC:1256
RFA No. 2951 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO. 2951 OF 2025 (POS-)
BETWEEN:
SRI. PRAVEEN KUMAR SUTRAVE
S/O SRI. AMARNATH SUTRAVE,
AGED ABOUT 54 YEARS,
R/AT FLAT NO. 402, NIRVANA-2 APTS,
4TH FLOOR, APARTMENTS, NO. 14, 1ST CROSS,
VINAYAKA NAGARA, ANNAYAPPA LAYOUT,
VIMANAPURA POST, KONENAAGRAHARA,
BENGALURU - 560 017
...APPELLANT
(BY SRI. BHUVANENDRA RAJU P, ADVOCATE AND
SRI. P.B. RAJU, ADVOCATE)
Digitally signed AND:
by
SHARADAVANI
B 1. SRI. JAYASHEEL REDDY G
Location: High
Court of S/O K. GOPAL
Karnataka
AGED ABOUT 46 YEARS,
RESIDING AT NO. 121, 7TH AVENUE,
RAINBOW RESIDENCY,
JUNNASANDRA VILLAGE,
SARJAPURA ROAD,
BENGALURU - 560 035.
2. SRI. G. NARAYANA SWAMY
S/O GOVINDA REDDY
AGED ABOUT 42 YEARS
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NC: 2026:KHC:1256
RFA No. 2951 of 2025
HC-KAR
RESIDING AT NO. 88,
MYLASANDRA VILLAGE,
BEGUR POST, BENGALURU - 560 068.
3. SRI. K. VENKATESH
(FATHERS NAME NOT KNOWN)
AGED ABOUT 50 YEARS,
RESIDING AT FLAT NO. 402,
4TH FLOOR, NEW BBMP
MUNICIPAL NO. 14/13
'NORVANA II RESIDENCY',
KONENA AGRAHARA VILLAGE,
VARTHUR HOBLI
BENGALURU EAST TALUK.
...RESPONDENTS
(BY SRI. JANARDHANA G, ADVOCATE FOR C/R1;
VIDE ORDER DATED 26.12.2025, NOTICE TO R2 AND R3 IS
DISPENSED WITH)
THIS RFA IS FILED U/S. 96 OF CPC AGAINST THE ORDER
DATED 19.12.2025 PASSED IN EX. NO. 25171/2025, ON THE
FILE OF THE C/C. LVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, MAYOHALL, BENGALURU, DISMISSING THE IA NO. 2
FILED U/O XXI RULE 97 TO 103 R/W SEC. 151 OF CPC. INTIME
CF SUFFICIENT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2026:KHC:1256
RFA No. 2951 of 2025
HC-KAR
ORAL JUDGMENT
The captioned appeal arises out of an order passed
on an application filed under Order XXI Rule 97 of the CPC
in Ex.P.No.25171/2025.
2. Today, a joint compromise petition is filed by the
appellant/obstructor and respondent No.1/decree holder.
Both the appellant and respondent No.1 are personally
present before this Court. Upon due query, both parties
state that they have carefully read and understood the
terms and conditions of the compromise petition. They
further affirm that the compromise has been entered into
voluntarily, without any coercion, undue influence, or
pressure from any quarter, and that they have agreed to
amicably resolve the dispute and give a quietus to the
litigation.
3. Being satisfied that the compromise arrived at
between the parties is lawful and voluntary, the joint
compromise petition is taken on record. The compromise
NC: 2026:KHC:1256
HC-KAR
petition shall be treated as part and parcel of the decree.
Consequently, the impugned order is set aside and the
appeal stands disposed of in terms of the joint
compromise petition.
The Registry is directed to draw the decree strictly in
accordance with the terms of the compromise.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 17
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