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2025 DAILYLAW 74775 (KAR)

T D KENCHAPPA v. T R NAGARAJA

RSA/371/2022 · 2025-08-30

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34000 RSA No. 371 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 371 OF 2022 (SP) BETWEEN: T D KENCHAPPA SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES T K SURESH S/O LATE T D KENCHAPPA SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES 1. 2. ST. MANJULA W/O. LATE T.K. SURESH AGED ABOUT 35 YEARS HOUSEWIFE KUMARI SUSHMA D/O LATE T K SURESH AGED ABOUT 22 YEARS STUDENT 3. KUMARI LAXMI D/O LATE T K SURESH AGED ABOUT 14 YEARS STUDENT THE APPELLANT NO.3 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.MANJULA W/O T K SURESH THE APPELLANT NO.1 HEREIN Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34000 RSA No. 371 of 2022 APPELLANTS NO.1 TO 3 ARE RESIDING AT VINAYAKANAGARA TARIKERE TOWN - 577 228 4. T K NAGARAJA S/O LATE T D KENCHAPPA AGED ABOUT 53 YEARS AGRICULTURIST R/O TUDIPETE TARIKERE - 577 228 5. T K VASANTHAMMA W/O PANDURANGAPPA AGED ABOUT 50 YEARS R/AT SUBASHNAGARA KADUR - 575 548 6. T.K. DAKSHAYINI W/O. RAMESH AGED ABOUT 49 YEARS R/O. THIRUCHINAKATTE DAVANAGERE DISTRICT - 577 001 7. T.K. SRINIVAS S/O LATE T D KENCHAPPA AGED ABOUT 52 YEARS R/O TUDIPETE TARIKERE TOWN - 577 228 8. T K DHARMARAJ S/O LATE T D KENCHAPPA AGED ABOUT 45 YEARS R/O TUDIPETE TARIKERE TOWN - 577 228 …APPELLANTS (BY SRI. B.K. MANJUNATH, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:34000 RSA No. 371 of 2022 AND: 1. T R NAGARAJA S/O LATE T S REVANNA AGED ABOUT 69 YEARS AGRICULTURIST R/O LINGADANAHALLI ROAD VIJAYANAGARA EXTENSION TARIKERE TOWN - 577 228 …RESPONDENT (BY SRI. G.S. BALAGANGADHAR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 06.12.2021 PASSED IN RA.No.54/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.11.2017 PASSED IN O.S.No.290/2011 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC TARIKERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Parties are present with their respective Advocates. Compromise petition is filed. 2. Contents of the compromise petition is read over to the parties in kannada language and they submit - 4 - HC-KAR NC: 2025:KHC:34000 RSA No. 371 of 2022 that they have understood the contents of the compromise petition which depict the true terms of settlement. 3. They also submit that there is no force, undue influence or coercion in reaching out the terms of the compromise petition and dispose of the appeal in terms of the compromise petition. 4. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition. 5. Hence, the following: ORDER i. Appeal stands disposed of in terms of the compromise petition. ii. Office is directed to pass the modified decree in terms of the compromise petition appending the copy of the terms of the compromise petition as part of the decree. - 5 - HC-KAR NC: 2025:KHC:34000 RSA No. 371 of 2022 iii. Pursuant to the compromise petition, sum of Rs.5,00,000/- is tendered by the appellants and same is accepted by the respondent by way of Demand Draft No.039262. iv. Permissible refund of Court fee is allowed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 80