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2025 DAILYLAW 90162 (KAR)

SRI. H.N. HAKNMUNTHA REDDY v. SRI CHINNAPPA REDDY

RSA/1903/2014 · 2025-07-17

Ashok S Kinagi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26825 RSA No. 1903 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1903 OF 2014 (DEC/INJ) BETWEEN: SRI. H.N. HAKNMUNTHA REDDY S/O SRI H.N. NARAYANA REDDY AGED ABOUT 56 YEARS R/O HANUMANTHAPURA MIDIGESHI HOBLI MADHUGIRI TALUK - 572 131, TUMKUR DISTRICT. …APPELLANT (BY SRI. UMESH B.N, ADVOCATE) AND: SRI. CHINNAPPA REDDY, S/O SRI. THIPPA REDDY AGED ABOUT 61 YEARS SINCE DEAD BY LR'S 1. BHARATHAMMA, W/O CHINNAPPA REDDY, AGED 56 YEARS, 2. KRISHNA KUMAR N.C, S/O CHINNAPPA REDDY, AGED 35 YEARS, 3. MURALI N.C. S/O CHINNAPPA REDDY, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26825 RSA No. 1903 of 2014 AGED 33 YEARS, 4. DILEEP N.C, S/O CHINNAPPA REDDY, AGED 30 YEARS, R1 TO R4 R/AT NAGALAPURA, MIDIGESHI HOBLI, MADHUGIRI TALUK TUMKURU - 572 101. …RESPONDENTS (BY SRI. C.M. GOVINDHA REDDY, ADVOCATE AND SRI. V. VINOD REDDY, ADVOCATE FOR R1(1-4)) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.10.2014 PASSED IN R.A.NO.26/2013 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE AND J.M.F.C AT MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT DATED 14.02.2013 PASSED IN O.S.NO.108/2009 ON THE FILE OF THE PRL.CIVIL JUDGE & JMFC AT MADHUGIRI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant, and respondents are present before the Court. They are identified by their respective counsel. - 3 - HC-KAR NC: 2025:KHC:26825 RSA No. 1903 of 2014 2. The appellant and respondents have filed a compromise petition, which reads as follows: 1. The deceased father of respondents/Plaintiff had filed Suit in O.S.No.108/2009 in the Court of the principal Civil Judge (Jr.Dn.) Madhugiri seeking a decree of declaration and permanent injunction in respect of suit schedule property Land bearing Sy.No.18 Measuring 7 acres 15 guntas situated at S. Appenahalli, Midigesi Hobli, Madhugiri Taluk, Tumkur District. The Respondent had contested the suit. Trial Court had decreed the suit. On appeal by appellant herein the first appellate court has confirmed the Judgement and decree of Trial Court and dismissed the appeal filed by appellants. Aggrieved by the Judgement and Decree dated 10-10-2014 passed by the first Appellate Court in R.A.No.26/2013, the above appeal had been filed by the Appellant. 2. Now, at the intervention of elders, well-wishers, friends and relatives of the Appellant and the Respondents have amicably settled the dispute in respect of dispute involved in the above appeal by mutual agreement as per the terms and conditions hereinafter contained. The appellants further submit - 4 - HC-KAR NC: 2025:KHC:26825 RSA No. 1903 of 2014 that they have give-up their right/claim in the suit schedule property. Terms in respect of Item No.1 Schedule property. (a) The respondents are paying Rs.15,00,000/- (Fifteen Lakhs Rupees only) to appellant by way of Demand draft dated 11-07-2025 in Number "203879" as full and final settlement. (b) The appellant is acknowledging for receiving the above said demand draft. 3. It is hereby declared that the above terms of settlement shall be final & conclusive and the same shall not be reopened under any circumstances. Therefore, the Appellant and the Respondents pray that this Hon'ble court be pleased to place the above terms of settlement on record and pass the decree as per the settlement and dispose the appeal accordingly, in the interests of justice and equity. By confirming the Judgment's and deerees of Triad court and First appellate court. 3. The contents of the compromise petition are read over, and explained to the parties in the Kannada - 5 - HC-KAR NC: 2025:KHC:26825 RSA No. 1903 of 2014 language known to them. They have understood, and accepted the terms and conditions of the compromise petition, accordingly, prays to dispose of the appeal, in terms of the compromise petition. 4. The compromise petition is placed on record. 5. Further, the learned counsel respondents handed over the demand draft of Rs.15,00,000/- to the appellant and the appellant has acknowledged the demand draft. Accordingly, the appeal is disposed of in terms of the compromise petition. 6. The office is directed to draw decree in terms of compromise petition. Sd/- (ASHOK S.KINAGI) JUDGE SSB CT: BHK