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2025 DAILYLAW 87363 (KAR)

SRI. N. SRIRAMULU v. SRI. M. E. MARAN

RSA/13/2021 · 2025-11-17

H P Sandesh

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47008 RSA No. 13 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.13 OF 2021 (SP) BETWEEN: 1. SRI. N. SRIRAMULU S/O. LATE P. NARAYANA MURTHY, AGED ABOUT 66 YEARS, R/AT NO.236, FORT, CHICKBALLAPUR TALUK, PIN-562 101. …APPELLANT (BY SRI. NARASIMHA MURTHY L., ADVOCATE) AND: 1. 1(a) SRI. M. E. MARAN S/O. MOHAN RAJ SINCE DEAD BY LRS. SMT. PUNITHAVATHY W., W/O EZHIL MARAN M @ MARAN AGED ABOUT 66 YEARS R/AT NO.3/315, 4TH CROSS STREET SIPCOT THIRUVALLUVAR NAGAR VTC: RANIPET INDUSTRIAL ESTATE PO: RANIPET INDUSTRIAL ESTATE VELLORE DISTRICT TAMIL NADU-632403. 1(b) SMT. MERCY SUSANAH E., D/O STEPHEN SAMUEL C/O STEPHEN SAMUEL Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47008 RSA No. 13 of 2021 AGED ABOUT 36 YEARS R/AT NO.94, PURASAWALKAM HIGH ROAD KILPAUK PO: KILPAUK DISTRICT CHENNAI. 1(c) SRI. CALEB VINCENT RAJ E., C/O EZHILMARAN AGED ABOUT 34 YEARS R/AT NO.14, VELLAVARY STREET VTC: MUTHIALPET PO: MUTHIALPET SUB DISTRICT PUDUCHERRY TALUK STATE PUDUCHERRY-605003 1(d) SHARON BETTY E., D/O EZHILMARAN AGED ABOUT 26 YEARS R/AT NO.3/315, 4TH CROSS STREET, SIPCOT THIRUVALLUVAR NAGAR VTC: RANIPET INDUSTRIAL ESATATE PO: RANIPET INDUSTRIAL ESTATE VELLORE DISTRICT TAMIL NADU-632403. (AMMENDED VIDE ORDER DATED 17.11.2025) …RESPONDENTS (BY SRI. K.V.SOMASHEKARA REDDY, ADVOCATE FOR PROPOSED R1(a) TO R1(d)) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 16.10.2020 PASSED IN R.A.NO.98/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.01.2015 PASSED IN O.S.NO.152/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR. - 3 - HC-KAR NC: 2025:KHC:47008 RSA No. 13 of 2021 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellant and learned counsel for proposed respondent Nos.1(a) to 1(d) parties have jointly filed the compromise petition under Order 23 Rule 3 read with Section 151 of CPC. 2. The appellant and the respondents are present before the Court and their respective counsels have identified them. 3. Learned counsel for respondent Nos.1(a) to 1(d) has also filed a memo along with Xerox copy of Genealogical tree and notarized copy of Aadhaar cards pertaining to the proposed respondent Nos.1(a) to 1(d). The same are taken on record. 4. In terms of the compromise, the respondents have agreed to pay a sum of Rs.15,00,000/- to the appellant by way of Demand Draft as full and final settlement and appellant - 4 - HC-KAR NC: 2025:KHC:47008 RSA No. 13 of 2021 undertakes that he will not claim any right or title over the disputed property and agreed to revoke the agreement. The appellant has acknowledged receipt of an amount of Rs.15,00,000/- by way of Demand Draft before the Court and parties have understood the terms of the compromise and the only term of the compromise is payment of Rs.15,00,000/- by way of Demand Draft by the respondents in favour of the appellant. Hence, the compromise petition is accepted. 5. The Registry is directed to refund the Court fee in favour of the appellant on proper identification in accordance with law. Accordingly, the regular second appeal stands disposed of in terms of the compromise petition. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 1