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2025 DAILYLAW 80300 (KAR)

LATHAMANI v. A.B.NATARAJU

RSA/1332/2021 · 2025-09-18

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37673 RSA No. 1332 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1332 OF 2021 (PAR) BETWEEN: LATHAMANI W/O LATE A.B.SOMASHEKARAIAH, AGED ABOUT 39 YERS, R/O MELANAHALLY VILLAGE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK -572214, TUMAKURU DISTRICT. …APPELLANT (BY SRI S V PRAKASH, ADVOCATE) AND: 1. A.B.NATARAJU S/O BASAPPA, AGED ABOUT 56 YEARS, 2. SANJAYA S/O LATE SOMASHEKARAIAH, AGED ABOUT 23 YEARS, RESPONDENTS ARE RESIDENTS OF ANEKATTE VILLAGE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK -572214. TUMAKURU DISTRICT. …RESPONDENTS (BY SRI G.S.BALAGANGADHARA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.09.2020 PASSED IN R.A.No.44/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.04.2016 PASSED IN O.S.No.229/2011 ON THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37673 RSA No. 1332 of 2021 FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Appellant and respondent Nos.1 and 2 present before the Court. 2. Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates is filed. 3. Pursuant to the settlement arrived at between the parties, some Rs.2,50,000/- is paid by the respondents to the appellant. Same is acknowledged by signing the order sheet. 4. Out of sum of Rs.2,50,000/-, Rs.2,00,000/- is paid by way of a demand draft bearing No.607378 dated 17.09.2025 drawn on Karnataka Bank Ltd., City Civil Court Branch, Bengaluru, and balance sum of Rs.50,000/- is paid by way of cash. - 3 - HC-KAR NC: 2025:KHC:37673 RSA No. 1332 of 2021 5. Contents of the compromise petition are read over to the parties. 6. Parties agree that the contents of the compromise petition depict true terms of settlement and there is no force or undue influence or coercion in reaching out the terms of the compromise. 7. As such, there is no impediment for this Court to dispose of the present appeal in terms of the compromise petition. 8. Hence following: ORDER (i) Appeal stand disposed of in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. (iii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 32