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2025 DAILYLAW 78132 (KAR)

SRI S MANOHAR v. SMT H LAKSHMI

RFA/1408/2019 · 2025-07-18

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26921 RFA No. 1408 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1408 OF 2019 (PAR) BETWEEN: SRI. S.MANOHAR SON OF B.C.SHIVASHANKARAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.27, MOHIDEEN SAB LANE, JUMMA MASJID ROAD, BENGALURU-560 002. …APPELLANT (BY SRI. VASANTH MADHAVA.S., ADVOCATE) AND: 1. SMT. H.LAKSHMI WIFE OF LATE R.L.VENUGOPAL, AGED ABOUT 56 YEARS, 2. SRI. NISHCHAL SON OF LATE VENUGOPAL, AGED ABOUT 22 YEARS, BOTH ARE RESIDENT OF NO.96/4, MURGESH MUDALLA LANE, JUMMA MASJID ROAD, BENGALURU-560 002. 3. SRI. KARTHIK SON OF NOT KNOWN, AGED ABOUT 37 YEARS, ALGA PARAMESHWARI, ENGINEERING WORKS, NO.90/6, 2ND CROSS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26921 RFA No. 1408 of 2019 2ND MAIN, VITTAL NAGAR, BENGALURU-560 026. …RESPONDENTS (BY SRI. ARPAN.B.PATTANASHETTI., ADVOCATE FOR R1 & 2; NOTICE TO R3-DISPENSED WITH V/O DATED:18.06.2025) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR REPORTING SETTLEMENT, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Vasanth Madhava.S., counsel for the appellant and Sri.Arpan.B.Pattanashetti., counsel for respondents 1 and 2 have appeared in person. 2. This is an appeal from the Court of the LVI Addl. City Civil and Sessions Judge, Bengaluru (CCH-57). 3. Counsel for respective parties submits that during the pendency of the appeal, at the instance of mutual well- wishers, the appellant and respondents 1 and 2 have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel therefore, submits that the Compromise Petition may be taken - 3 - HC-KAR NC: 2025:KHC:26921 RFA No. 1408 of 2019 on record and the appeal may be disposed of in terms of the compromise petition. The appellant and respondents 1 and 2 are physically present before the Court and they have been duly identified by their respective counsel. When queried, they stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission and the compromise petition is placed on record. I have perused the same with utmost care. This Court finds that the terms of the Compromise Petition are lawful and that there is no legal impediment for accepting the same. 4. The Regular First Appeal is disposed of in terms of the compromise petition. The Judgment and Decree dated 06.06.2019 passed by the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru (CCH-57) in O.S.No.9026/2015 is - 4 - HC-KAR NC: 2025:KHC:26921 RFA No. 1408 of 2019 modified in terms of the compromise petition. The suit is decreed in terms of the compromise petition. The Registry concerned is hereby directed to draw the decree in terms of the compromise petition. The Registry concerned is also directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Because of disposal of the appeal interim order granted by this Court stands discharged and all the pending I.As. stands disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN/MRP List No.: 1 Sl No.: 4