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2025 DAILYLAW 16103 (KAR)

SRI JAYASHEELAN A v. SMT SARASWATI K

RFA/608/2019 · 2025-07-04

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24074 RFA No. 608 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 608 OF 2019 (PAR/INJ) BETWEEN: 1. SRI. A.JAYASHEELAN S/O LATE ANNA MALAI, R/AT NO.62/2, 14TH CROSS ROAD, 10-C MAIN ROAD, RAJAJINAGAR, BANGALORE-560 010. SINCE DEAD REP. BY LR'S., 1(a) J. DINESHA S/O LATE JAYASHEELA @ JAYASHEELAN, AGED ABOUT 36 YEARS, R/AT NO.62/2, 14TH B CROSS, 6TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. 1(b) PRAKASH.J S/O LATE JAYASHEELA @ JAYASHEELAN, AGED ABOUT 36 YEARS, R/AT NO.62/2, 14TH B CROSS, 6TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. …APPELLANTS (BY SRI. MADHU.R., ADVOCATE FOR SRI. NARAYANASWAMY.G., ADVOCATE) AND: 1. SMT. SARASWATI.K D/O SRI. GANGADHARSA, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24074 RFA No. 608 of 2019 W/O T.RAMU R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. (SINCE DEAD REP. BY LR'S) 1(a) RUKMINI D/O T.RAMU @ RAMUSA, AGED ABOUT 55 YEARS, R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. 1(b) RAJESHWARI.R. D/O T.RAMU @ RAMUSA, AGED ABOUT 51 YEARS, R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. 1(c) R.SATHYANARAYANA S/O T.RAMU @ RAMUSA, AGED ABOUT 49 YEARS, R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. 1(d) MANJULA.R. D/O T.RAMU @ RAMUSA, AGED ABOUT 46 YEARS, R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. 1(e) JAYASHREE D/O T.RAMU @ RAMUSA, AGED ABOUT 43 YEARS, - 3 - HC-KAR NC: 2025:KHC:24074 RFA No. 608 of 2019 R/AT NO.8, MANJUNATHA NAGAR, MAIN ROAD, MAGADI MAIN ROAD, BANGALORE-560 023. …RESPONDENTS (BY SRI. S.VICTOR MANOHARAN., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULES 1 AND 2 READ WITH SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Madhu.R., counsel on behalf of Sri.Narayanaswamy.G., for the appellants and Sri.S.Victor Manoharan., counsel for the respondents have appeared in person. 2. This is an appeal from the Court of the X Addl. City Civil and Sessions Judge, Bangalore (CCH-26). Counsel for respective parties submits that during the pendency of the appeal, at the instance of mutual well-wishers, the appellants and the respondents have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel therefore, submits that the Compromise Petition may be taken - 4 - HC-KAR NC: 2025:KHC:24074 RFA No. 608 of 2019 on record and the appeal may be disposed of in terms of the compromise petition. The legal representatives of the deceased appellant and deceased respondent are physically present before the Court. They have been duly identified by their respective counsel. When queried, they stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission and the compromise petition is placed on record. I have perused the same with utmost care. 3. The Regular First Appeal is disposed of in terms of the compromise petition, the Judgment and Decree dated 07.02.2019 passed by the Court of X Addl. City Civil and Sessions Judge, Bangalore (CCH-26) in O.S.No.25851/2011 C/w. O.S.No.7460/2010 is modified in terms of the compromise petition. - 5 - HC-KAR NC: 2025:KHC:24074 RFA No. 608 of 2019 The Registry concerned is hereby directed to draw the decree in terms of the compromise petition. The Registry concerned is also directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 17.1