Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5729 RSA No. 594 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 594 OF 2013 (PAR-)
BETWEEN:
SRI. H. R. PUTTASWAMY GOWDA S/O LATE RUDREGOWDA, AGED ABOUT 54 YEARS, R/AT HALIYUR VILLAGE, ALDUR HOBLI, CHIKMAGALUR TALUK - 577 101. …APPELLANT (BY SRI. R. S. RAVI, SENIOR COUNSEL FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE)
AND:
KUM. MADHURI @ AMRUTHA D/O NEELA, & H.R.PUTTASWAMYGOWDA, AGED ABOUT 22 YEARS, R/AT GOWRI KALUVE EXTENSION, CHIKMAGALUR CITY - 577 101. …RESPONDENT (BY SRI. JAYAKIRTHI M C., ADVOCATE)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED:04.01.2013 PASSED IN R.A.NO.25/2010 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED:05.01.2010 PASSED IN OS.NO.158/1999 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.), CHIKMAGALUR.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
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NC: 2025:KHC:5729 RSA No. 594 of 2013
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
This appeal is filed by the appellant/defendant under Section 100 of CPC., for setting aside the judgment and decree passed by the Trial Court in OS.No.158/1999 dated 04.01.2013 and the same was upheld by the Prl. District and Session Judge, Chikkamagaluru in RA.No.25/2010 dated 04.01.2013.
During the pendency of the appeal the respondent and appellant both are appeared through their counsels and filed joint compromise petition under Order 23 Rule 3 R/w Sec.151 of CPC., As per the terms of the agreement the appellant/defendant has agreed to pay Rs.36,50,000/- to the respondent/plaintiff, who is the daughter and the plaintiff agreed the same and she will not claimed any right over the property. The respondent/plaintiff appeared before the court and submits she is receiving the money and give up the right over the suit schedule property.
Submission of both parties placed on record.
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NC: 2025:KHC:5729 RSA No. 594 of 2013
Consequently, IA is allowed. Permitted them to compromise the case.
The appeal is
disposed off in terms of the compromise, modifying the decree as the respondent/plaintiff is entitle for Rs.36,50,000/- towards the full and final settlement as her share from defendant/appellant.
Accordingly the appeal is disposed off.
Draw the decree accordingly. Sd/- (K.NATARAJAN) JUDGE
SRK List No.: 1 Sl No.: 80 CT:SK