Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33152 RSA No. 1546 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1546 OF 2024 (RES) BETWEEN:
DR B R DAKSHAYANI M D W/O DR SIDDAPPA DEVARU, PRESENTLY AGED ABOUT 74 YEARS PRESENTLY RESIDING AT NO.45 AND 46, <KSHEERA=, 1ST MAIN, 6TH CROSS, BEML 5TH STAGE RAJARAJESHWARI NAGAR BANGALORE-560098
(THE NAME OF APPELLANT IS DR B R DAKSHAYANI THE RESPONDENT THROUGH WRONGLY SHOWN AS DAKSHAYINI DEVARU) &APPELLANT (BY SRI SUHAS H S, ADVOCATE) AND:
Ms. POOJA D/O LINGARAJU AND LATE UMADEVI PRESENT, AGED ABOUT 21 YEARS, C/O BHARATHI H N PRESENTLY R/AT NO.2510 8TH MAIN, MCC 8B9 BLOCK DAVANAGERE-577004 &RESPONDENT (BY SRI T.P.VIVEKANANDA, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 03.09.2024 PASSED IN RA NO.30/2021 ON THE FILE OF
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33152 RSA No. 1546 of 2024
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 13.11.2015 PASSED IN O.S.No.155/2006 ON THE FILE OF THE C/C II ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER Compromise petition under Order XXIII Rule 3 CPC, signed by the parties and their respective counsels is filed.
2. Contents of the compromise petition are read over to the parties and they submit that the terms of the compromise petition depict true terms of settlement and there is no force, undue influence or coercion in reaching out the compromise.
3. As such, there is no impediment for this Court to accept the compromise petition and dispose of the present second appeal in terms of the compromise petition.
4. As per the compromise petition, sum of Rs.7,00,000/- is tendered by way of demand draft, bearing No.499297 dated 16.08.2025, drawn on State Bank of India.
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HC-KAR NC: 2025:KHC:33152 RSA No. 1546 of 2024
Sum of Rs.5,00,000/- which is already deposited before this Court by the appellant can be withdrawn by the respondent under due identification with accrued interest. Accordingly, the following:
ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to pass a modified decree in terms of the compromise petition appending the copy of the compromise petition as part of the decree. (iii) Appellant is entitled for the permissible refund of Court fee. Sd/- (V SRISHANANDA) JUDGE
MR