Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35663 RSA No. 212 of 2021 C/W RSA No. 210 of 2021
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.212 OF 2021 (INJ) C/W REGULAR SECOND APPEAL NO. 210 OF 2021
IN RSA No. 212/2021 BETWEEN:
SMT PARVATHAMMA AGED ABOUT 62 YEARS, W/O RANGANATHA, R/O 6TH CROSS, HOSAMANE EXTENSION, SHIVAMOGGA CITY-577201 &APPELLANT (BY SRI LEELESH KRISHNA, ADVOCATE) AND:
SMT.DEVAMMA AGED ABOUT 59 YEARS, W/O BASAVARAJA, R/O 6TH CROSS, HOSAMANE EXTENSION, SHIVAMOGGA CITY-577201 &RESPONDENT (BY SRI SHRIDHARA K, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 09.06.2020 PASSED IN R.A.NO.83/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.05.2016 PASSED IN O.S.NO.365/2007 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA.
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35663 RSA No. 212 of 2021 C/W RSA No. 210 of 2021
IN RSA NO. 210/2021 BETWEEN:
SMT PARVATHAMMA AGED ABOUT 62 YEARS, W/O RANGANATHA, R/O 6TH CROSS, HOSAMANE EXTENSION, SHIVAMOGGA CITY-577201 ...APPELLANT (BY SRI LEELESH KRISHNA, ADVOCATE) AND:
SMT DEVAMMA AGED ABOUT 59 YEARS, W/O BASAVARAJA, R/O 6TH CROSS, HOSAMANE EXTENSION, SHIVAMOGGA CITY-577201 ...RESPONDENT (BY SRI SHRIDHARA K, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 09.06.2020 PASSED IN R.A.NO.67/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.05.2016 PASSED IN O.S.NO.365/2007 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
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HC-KAR NC: 2025:KHC:35663 RSA No. 212 of 2021 C/W RSA No. 210 of 2021
ORAL ORDER
Parties are present with their respective advocates. Compromise petition under Order XXIII Rule 3 of the code of Civil Procedure signed by the parties is filed
2. Contents of the compromise petition are read over to the parties in Kannada language and they admit that the terms of the compromise petition depict the true terms of settlement.
3. Further they submit that there is no force or undue influence or coercion in reaching out the terms of the compromise.
4. As such, there is no impediment for this Court to accept the terms of the compromise petition and dispose of the appeals in terms of the compromise petition.
5. Accordingly, the following:
ORDER (i) Appeals stand disposed of in terms of the compromise petition.
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HC-KAR NC: 2025:KHC:35663 RSA No. 212 of 2021 C/W RSA No. 210 of 2021
(ii) Office is directed to pass the modified decree in terms of the compromise petition appending copies of the compromise petition as part of the decree.
(iii) No order as to costs.
Sd/- (V SRISHANANDA) JUDGE
MR