Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 90143 (KAR)

SMT THIMMAMMA v. SMT V SHYLAJA

RFA/992/2019 · 2025-09-11

Hanchate Sanjeevkumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36036 RFA No. 992 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.992 OF 2019 (DEC/INJ) BETWEEN: 1. SMT. THIMMAMMA W/O LATE GANGAIAH AGED ABOUT 81 YEARS 2. SRI GANGAIAH SINCE DEAD BY LR’S (A) SRI RAMAKRISHNA S/O LATE GANGAIAH AGED ABOUT 62 YEARS (B) SRI CHANDRAPPA S/O LATE GANGAIAH AGED ABOUT 59 YEARS (C) SRI PUTTASWAMY S/O LATE GANGAIAH AGED ABOUT 49 YEARS ALL ARE RESIDING AT NO.7, CORPORATION KHATHA NO.7/6 6TH CROSS, GANESHA BLOCK NANDINI LAYOUT BANGALORE-560096. …APPELLANTS (BY SRI. S. NAGESH, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36036 RFA No. 992 of 2019 AND: SMT. V. SHYLAJA D/O K. BEEREGOWDA AGED ABOUT 29 YEARS R/AT NO.183, 8TH CROSS GANESHA BLOCK NANDINI LAYOUT BANGALORE-560 096. …RESPONDENT (BY SRI. K.V. NARASIMHAN, ADVOCATE AND SRI. K.N. NITISH, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2018 PASSED IN OS.NO.7068/2005 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION, POSSESSION AND MESNE PROFIT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appellants and respondent are present before the Court along with their respective Advocates and submitted that the memorandum of compromise petition is filed under Order XXIII Rule 1 read with Section 151 of CPC, and the parties in the appeal have settled the matter amicably between each other. Also, the parties in this appeal along with their respective Advocates have signed - 3 - HC-KAR NC: 2025:KHC:36036 RFA No. 992 of 2019 the compromise petition. Therefore, requested to dispose of the appeal and pass decree in terms of the compromise petition. 2. Upon enquiry, both the appellants and respondent submitted that without any coercion or force by any other third party, on their own will and wish they have compromised the matter amicably between each other. 3. The respondent has handed over the cheque for Rs.2,50,000/- dated 11.09.2025 drawn on State Bank of India, HSR Layout Branch, in favour of S.G. Chandrappa and the appellants have acknowledged receipt of the same. 4. The said memorandum of compromise petition is placed on record. 5. Accordingly, the appeal is disposed of in terms of the compromise petition. - 4 - HC-KAR NC: 2025:KHC:36036 RFA No. 992 of 2019 6. Draw decree accordingly in terms of the compromise petition. 7. The compromise petition shall be part and parcel of the decree. 8. Registry is directed to refund the Court fee paid by the appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 70