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High Court of Karnataka · body

2025 DAILYLAW 84952 (KAR)

SMT SUMA W/O BHIMAPPA HUGAR v. SMT JAYASHREE W/O SHANKAR HUGAR

RSA/100424/2025 · 2025-10-15

C M Joshi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:13928 RSA No. 100424 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100424 OF 2025 (PAR/INJ) BETWEEN: SMT. SUMA W/O. BHIMAPPA HUGAR, AGE: 43 YEARS, OCC. HOUSEHOLD WORK, R/O. PLOT NO.14, MAHAJAN PLOT, VIKRAMPUR, ATHANI, TALUK: ATHANI, DIST. BELAGAVI-591304. …APPELLANT (BY SRI. RAJENDRA PATIL, ADVOCATE) AND: SMT. JAYASHREE W/O. SHANKAR HUGAR, AGE: 45 YEARS, OCC. HOUSEHOLD WORK, R/O. VIKRAMPUR, ATHANI, TALUK: ATHANI, DIST. BELAGAVI-591304. …RESPONDENT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 05.03.2025 IN REGULAR APPEAL NO. 10098/2024 PASSED BY THE XI ADDITIONAL DISTRICT JUDGE AT BELAGAVI, TO SIT AT ATHANI AND IMPUGNED JUDGMENT AND DECREE DATED 10.06.2022 IN O.S.NO. 14/2018 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT ATHANI AND CONSEQUENTLY DISMISSED THE SUIT FILED BY THE PLAINTIFF/RESPONDENT, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.16 10:47:36 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13928 RSA No. 100424 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) The learned counsels for both the parties are present. 2. The learned counsel for both parties admit the contents of the compromise petition which is in pursuance to the mediation at the Mediation Center, Dharwad. The children of the appellant by name Suyog and Raghavendra have made a consent statement before the Mediation Center. Similarly the Father, mother and brother of the respondent have also made a consent statement before the Mediation Center, which is annexed to the compromise petition. In view of the settlement between the parties, they admit the contents of the compromise petition. The appellant also confirms that in pursuance to such compromise, a sum of ₹2,50,000/- has been transferred to her account by the respondent. The said compromise being in the interest of justice, equity and good conscience, the same is accepted. - 3 - HC-KAR NC: 2025:KHC-D:13928 RSA No. 100424 of 2025 3. The impugned judgments are set aside and the appeal is disposed of in terms of the compromise petition between the parties. 4. The Registry is directed to draw the decree in accordance with the compromise petition and the said petition shall be part of the decree. SD/- (C M JOSHI) JUDGE SSP Ct:pa List No.: 2 Sl No.: 1