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2025 DAILYLAW 71778 (KAR)

NARENDRA P SHAH v. VIJAY KUMAR R MEHTA

RFA/895/2019 · 2025-09-24

Anu Sivaraman, Rajesh Rai K

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38743-DB RFA No. 895 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 895 OF 2019 (PAR) BETWEEN: NARENDRA P SHAH S/O LT. PASVIR LALCHAND SHAH AGED ABOUT 74 YEARS RESIDING AT BHAGAVATHI No.590, 4TH MAIN GOKULAM 3RD STAGE MYSURU-570 002 …APPELLANT (BY SRI VIKRAM G., ADV.) AND: VIJAY KUMAR R MEHTA S/O LATE RAMNIKLAL M MEHTA AGED ABOUT 67 YEARS RESIDING AT No.2869 SHRADDHA, 5TH MAIN ROAD V.V. MOHALLA MYSURU - 02. …RESPONDENT (BY SRI PRITHVEESH M.K., ADV.) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38743-DB RFA No. 895 of 2019 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 19.01.2019 PASSED ON COMMISSIONER REPORT IN F.D.P. No.71/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MYSURU, DRAWING FINAL DECREE IN TERMS OF COMMISSIONER REPORT. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The learned counsel appearing on either side submits that the parties have settled the disputes existing between them and it has been agreed to exchange the properties allotted to the parties in the final decree proceedings. It is submitted that since the final decree is already registered, the said final decree will have to be set-aside and the final decree will have to be re- registered in terms of the settlement arrived between the parties. - 3 - HC-KAR NC: 2025:KHC:38743-DB RFA No. 895 of 2019 2. The parties are present before the Court today and are identified by their respective counsels. 3. In the above view of the matter, the settlement arrived at between the parties is recorded and the compromise petition is accepted. The final decree is set aside and the registration is cancelled. The final decree shall be drawn up in terms of compromise arrived at between the parties and shall be duly re-registered. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 74