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High Court of Karnataka · body

2025 DAILYLAW 32485 (KAR)

MR P N BHUCHAR v. MR ARUN KUMAR

RFA/1415/2015 · 2025-01-20

Anu Sivaraman, Vijaykumar A Patil

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2353-DB RFA No. 1415 of 2015 C/W RFA No. 1487 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1415 OF 2015 (PAR) C/W REGULAR FIRST APPEAL NO. 1487 OF 2015 (PAR) IN RFA No. 1415/2015: BETWEEN: 1. MR. P.N. BHUCHAR S/O LATE SHADI RAM AGED ABOUT 85 YEARS RESIDING AT "SHIVGANGA" No.558, 17TH CROSS INDIRANAGAR II STAGE BENGALURU-560 038 2. MRS. ABHILASHA W/O P.N. BHUCHAR AGED ABOUT 78 YEARS RESIDING AT "SHIVGANGA" No.558, 17TH CROSS INDIRANAGAR II STAGE BENGALURU-560 038 3. MR. SANJEEV KUMAR S/O P.N. BHUCHAR AGED ABOUT 54 YEARS RESIDING AT "SHIVGANGA" No.558, 17TH CROSS INDIRANAGAR II STAGE BENGALURU-560 038 …APPELLANTS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2353-DB RFA No. 1415 of 2015 C/W RFA No. 1487 of 2015 SRI. S. SUSHANT VENKATESH PAI, ADVOCATE AND SMT. APOORVA M. GOKUALE, ADVOCATE) AND: MR. ARUN KUMAR S/O P.N. BHUCHAR AGED ABOUT 56 YEARS RESIDING AT "SHIVGANGA" No.558, 17TH CROSS INDIRANAGAR II STAGE BENGALURU-560 038 …RESPONDENT (BY SRI. RAGHURAM CADAMBI, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.07.2015 PASSED IN O.S. No.25871/2011 ON THE FILE OF THE C/C XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION. IN RFA NO. 1487/2015: BETWEEN: MR. ARUN KUMAR S/O MR. P.N. BHUCHAR AGED ABOUT 52 YEARS RESIDING AT "SHIVAGANGA" No.558, 17TH CROSS 2ND STAGE, INDIRANAGAR BENGALURU-560 038 ...APPELLANT (BY SRI. RAGHURAM CADAMBI, ADVOCATE) AND: 1. MR. P.N. BHUCHAR S/O LATE SHADI RAM AGED ABOUT 81 YEARS 2. MRS. ABHILASHA W/O P.N. BHUCHAR - 3 - NC: 2025:KHC:2353-DB RFA No. 1415 of 2015 C/W RFA No. 1487 of 2015 AGED ABOUT 74 YEARS 3. MR. SANJEEV KUMAR S/O P.N. BHUCHAR AGED ABOUT 49 YEARS ALL ARE RESIDING AT "SHIVGANGA" No.558, 17TH CROSS 2ND STAGE, INDIRANAGAR BENGALURU-560 038 ...RESPONDENTS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI. S. SUSHANT VENKATESH PAI, ADVOCATE AND SMT. APOORVA M. GOKUALE, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 24.07.2015 PASSED IN O.S.No.25871/2011 ON THE FILE OF THE C/C XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - NC: 2025:KHC:2353-DB RFA No. 1415 of 2015 C/W RFA No. 1487 of 2015 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that the compromise has been entered into between the parties which has been reduced to writing and duly signed by the parties. It is submitted that in view of the compromise entered into between the parties, the appeals can be disposed of in terms of the compromise. 2. We have perused the compromise petition signed by the parties and counsel. The parties are also present before us and submit that the matter stands settled between them in terms of the compromise entered into. 3. The said memorandum of compromise petition and the agreements are therefore taken on record. 4. The appeals are decreed in terms of the compromise entered into between the parties. The impugned judgment and decree shall stand modified to the - 5 - NC: 2025:KHC:2353-DB RFA No. 1415 of 2015 C/W RFA No. 1487 of 2015 above extent and the parties shall comply with the terms of the compromise as agreed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 22