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High Court of Karnataka · body

2025 DAILYLAW 50903 (KAR)

M.A. SRINATH v. R. BABU

RSA/603/2022 · 2025-08-19

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32216 RSA No. 603 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.603 OF 2022 (RES) BETWEEN: 1. M.A. SRINATH AGED ABOUT 61 YEARS S/O LATE M C ANANDARAMU SETTY 2. M A DATHATHRIYA AGED ABOUT 49 YEARS S/O LATE M C ANANDARAMU SETTY APPELLANTS ARE RESIDING AT 8UMANANDA NIVASA9 BEHIND CHETHANA VIDYAMANDIRA BATAVADI TUMKURU - 572 101 &APPELLANTS (BY SRI ABHISHEK S. VAIDYA FOR SRI S V PRAKASH, ADVOCATES) AND: R. BABU AGED ABOUT 51 YEARS S/O V RATHNAIAH SETTY V R STORES MANDIPET MAIN ROAD TUMAKURU - 572 101 &RESPONDENT (BY SRI V.B.SIDDARAMAIAH, ADVOCATE) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32216 RSA No. 603 of 2022 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 26.11.2021 PASSED IN R.A.No.96/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.01.2019 PASSED IN O.S.No.305/2015 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT A compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates, is presented before the Court. 2. Parties are present. 3. The contents of the compromise petition are explained to the parties in Kannada language in the presence of their advocates. 4. Parties submit that the terms of the compromise petition depict the true terms of settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise and it is voluntary. - 3 - HC-KAR NC: 2025:KHC:32216 RSA No. 603 of 2022 5. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition. 6. Hence, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 80