Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35442 RSA No. 356 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 356 OF 2022 (DEC/INJ) BETWEEN:
1.
SMT. PREMA W/O LATE MAHADEVAPPA AGED ABOUT 56 YEARS.
2.
SMT. MAHADEVAMMA D/O LATE MAHADEVAPPA AGED ABOUT 29 YEARS.
3.
SRI MAHADEVASWAMY S/O LATE MAHADEVAPPA AGED ABOUT 26 YEARS.
ALL ARE RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT. …APPELLANTS (BY SMT. P.C. SUNITHA, ADV.) AND:
1.
M. NANJUNDASWAMY S/O LATE MAHALINGAPPA AGED ABOUT YEARS RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT.
2.
SRI BASAVANNA S/O LATE PUTTASUBBAPPA AGED ABOUT 60 YEARS RESIDENTS OF MELLAHALLI VILLAGE, YELANDUR TALUK - 571 441 CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SRI C. GOPALAKRISHNAMURTHY C, ADV., FOR R-1;
R-2 IS SERVED BUT UNREPRESENTED)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35442 RSA No. 356 of 2022
THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908., AGAINST THE JUDGMENT AND DECREE DATED 06.04.2017 PASSED IN RA.No.27/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.05.2010 PASSED IN OS.NO.37/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC, YELANDUR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
The compromise petition under Order XXIII Rule 3 read with Section 151 of CPC is filed by the parties and their respective advocates.
2. The contents of the compromise petition read over to the parties in Kannada language and they admit that contents of compromise petition depicts true terms of settlement.
3. They also unequivocally submit that there is no force, undue influence or coercion in reaching out terms of compromise petition.
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HC-KAR NC: 2025:KHC:35442 RSA No. 356 of 2022
4. As such, there is no impediment for this Court to accept the terms of the compromise petition and dispose of the appeal in terms of the compromise petition.
5. Accordingly, the following :-
ORDER a) The appeal stands disposed of in terms of compromise petition.
b) Office is directed to pass modified decree in terms of compromise petition appending copy of the compromise petition as part of the decree.
c) It is made clear that if any one of the installment are not paid by the respondent to the appellant, the appeal shall be revived for disposal in accordance with law on merits.
Sd/- (V SRISHANANDA) JUDGE
NMS List No.: 1 Sl No.: 58