BACHANNA S/O LATE SONAPPA v. SRI C JAYARAM S/O LATE SRI CHENNIGAPPA
RFA/620/2003 · 2025-10-31
V Srishananda
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 86371 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86371 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44166 RFA No. 620 of 2003 C/W RFA No. 1643 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.620 OF 2003 (INJ) C/W REGULAR FIRST APPEAL NO.1643 OF 2012
IN RFA No. 620/2003 BETWEEN:
BACHANNA S/O LATE SONAPPA, 62 YEARS RESIDING AT NO. 90, JUGUNAHALLI 2ND BLOCK, RAJAJINAGAR BANGALORE- 560 010 …APPELLANT (BY SRI R B SADASHIVAPPA, ADVOCATE) AND:
1.
SRI C JAYARAM S/O LATE SRI CHENNIGAPPA 50 YEARS
2. SMT.JAYALAKSHMAMMA W/O JAYARAM, 45 YEARS,
BOTH ARE RESIDING AT 5/39, 4TH CROSS, 4TH BLOCK, 16TH DIVISION, A D HALLI, YESHWANTHAPUR HOBLI BANGALORE – 560 079 …RESPONDENTS (BY SMT.MANJULA.D FOR SRI L.SRINIVAS BABU, ADVOCATES FOR R1 AND R2)
THIS RFA IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44166 RFA No. 620 of 2003 C/W RFA No. 1643 of 2012
DATED 5.4.2003 PASSED IN O.S.NO.6195/99 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
IN RFA NO. 1643/2012 BETWEEN:
SRI BACHANNA S/O LATE SRI. SONAPPA, AGED 72 YEARS, R/A NO.90, JUGANAHALLI 2ND BLOCK, RAJAJINAGAR, BANGALORE-560 010 ...APPELLANT (BY SRI. R B SADASHIVAPPA, ADVOCATE) AND:
1.
SMT MAHIMAKKA W/O LATE SRI. CHENNIGAPPA, MAJOR,
2.
SRI M.C. NAGARAJU
3.
SRI M.C. RAJANNA
4.
SRI M.C. CHANDRAPPA
5.
SMT. JAYAMMA
6.
SMT. GOWRAMMA
7. SMT.SAVITHA
R2 TO R7 ARE CHILDREN OF LATE SRI CHENNIGAPPA AND MAJORS R/O MACHOHALLI POST, DASANAPURA HOBLI, NELAMANGALA TQ.
BANGALORE DISTRICT-560 123.
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HC-KAR NC: 2025:KHC:44166 RFA No. 620 of 2003 C/W RFA No. 1643 of 2012
8.
SRI M.C. JAYARAM S/O LATE SRI CHENNIGAPPA, MAJOR, R/A NO.5/39, 4TH STAGE, 4TH CROSS, AGRAHARA DASARAHALLI, BANGALORE – 560 079
9.
SMT. SHARADAMMA W/O SRI CHANDRASHEKAR, D/O LATE SRI CHENNIGAPPA, MAJOR, R/A NO.585, 52ND CROSS, RAJAJINAGAR III BLOCK, BANGALORE - 560010 ...RESPONDENTS (BY SMT.MANJULA.D FOR SRI L.SRINIVAS BABU, ADVOCATES FOR R1 TO R3 AND R5 TO R9)
THIS RFA IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE, AGAINST JUDGMENT AND DECREE DATED 20.06.2012 PASSED IN O.S.NO.4021/2002 ON THE FILE OF XVII-ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH-16), DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Son of appellant and respondent No.1 are present.
2. Parties present a compromise petition under Order XXIII Rule 3 CPC signed by the son of the appellant and respondent No.1 and their respective advocates.
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HC-KAR NC: 2025:KHC:44166 RFA No. 620 of 2003 C/W RFA No. 1643 of 2012
3. Parties also submit that the matter is amicably settled on their volition without any undue influence or coercion.
4. They further submit that the terms of the compromise petition is understood by them and they depict the true terms of settlement.
5. In view of the same, there is no impediment for this Court to dispose of the appeal placing the compromise petition on record.
6. Accordingly, the following:
ORDER (i) Appeals stand disposed of in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise petition appending the copy of the compromise petition as part of the decree. (iii) Pursuant to the compromise petition, sum of Rs.1,00,000/- is paid today by the respondent No.1 to the son of the
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HC-KAR NC: 2025:KHC:44166 RFA No. 620 of 2003 C/W RFA No. 1643 of 2012
appellant which is duly acknowledged in the order sheet. (iv) It is made clear that if the balance amount is not paid on or before 28.02.2026, the balance amount shall carry interest at 18% per annum. (v) After entire agreed amount is paid, original agreement marked at Ex.P.1 shall be return to respondent No.1 under due identification.
Sd/- (V SRISHANANDA) JUDGE
MR