Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31945 RSA No. 92 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.92 OF 2021 (MON) BETWEEN:
SMT.M V VASUDA AGED ABOUT 41 YEARS W/O LATE G V CHANDRASHEKHAR R/AT BESIDE MUNICIPAL COLLEGE M.G ROAD, CHIKKABALLAPUR -562 101 …APPELLANT
(BY SMT.SUSHEELA, SR. ADVOCATE ALONGWITH SMT.ASHIKA GURUMATH AND SRI SOMANATHA H, ADVOCATES) AND:
M MANJUNATH AGED ABOUT 50 YEARS S/O MUNIVENKATAPPA R/AT BEHIND KRISHNA TALKIES FORT CHIKKABALLAPUR -562101 …RESPONDENT (BY SRI SUBRAMANYA P, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 07.12.2020 PASSED IN RA.No.14/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 27.10.2016 PASSED IN OS.No.67/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA.
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31945 RSA No. 92 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
A compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates, is presented before the Court.
2. Parties are present.
3. The contents of the compromise petition are read over to the parties in Kannada language in the presence of their advocates.
4. Parties submit that the terms of the compromise petition depict the true terms of settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise and it is voluntary.
5. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.
6. Hence, the following:
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HC-KAR NC: 2025:KHC:31945 RSA No. 92 of 2021
ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.
(iii) Parties to bear their own costs.
(iv) Since the settlement has taken place by judicial settlement, following the dictum of the Hon’ble Apex Court in the case of Jage Ram vs. Ved Kaur and others passed in SLP No.723/2023 dated 28.01.2025, appellant is entitled for the refund of full Court Fee.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 110