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2026 DAILYLAW 11131 (KAR)

SRI MAHABALA POOJARY v. SMT RAJEEVI POOJARTHI

RSA/613/2013 · 2026-02-20

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10684 RSA No. 613 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 613 OF 2013 (POS) BETWEEN: SRI MAHABALA POOJARY S/O KORAGA POOJARY AGED 53 YEARS SHENARABETTU POST: PADUKUDOOR VILLAGE, KARKALA TALUK-574104 UDUPI DISTRICT …APPELLANT (BY SRI. K CHANDRANATH ARIGA, ADV.) AND: SMT RAJEEVI POOJARTHI D/O LATE VIMALA POOJARTHI AGED ABOUT 55 YEARS MITHAMANE, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10684 RSA No. 613 of 2013 POST: PADUKUDOOR VILLAGE KARKALA TALUK-574104 UDUPI DISTRICT …RESPONDENT (BY SRI. H. JAYAKARA SHETTY, ADV.) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 19.1.2013 PASSED IN R.A.NO.140/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 24.7.2006 PASSED IN OS.NO.29/2005 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) KARKALA, AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10684 RSA No. 613 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the parties filed a compromise petition stating that the parties have settled the matter, and agreed that the appellant is entitled to receive Rs.40,000/- from the respondent towards the value of the suit ‘B’ schedule property as a final and full settlement. It is also agreed that the respondent shall pay Rs.40,000/- to the appellant by way of demand draft. 2. Accordingly, the respondent has paid the amount of Rs.40,000/- by way of demand draft dated 17.02.2026 bearing No.146643357 drawn on Indian Overseas Bank, Varanga Branch in the name of the appellant towards the value of the suit ‘B’ schedule property. It is agreed that the appellant has no objection to declare the respondent as the absolute owner of ‘B’ schedule property. There should be a sale deed, and also agreed that the appellant will execute a registered sale deed regarding suit ‘B’ schedule property within three - 4 - HC-KAR NC: 2026:KHC:10684 RSA No. 613 of 2013 months. Hence, the appeal may be disposed off in term of compromise petition. In the compromise petition it has been stated that the respondent is the absolute owner of suit ‘B’ schedule property in terms of compromise. 3. Learned counsel for the parties jointly submit that the appellant has agreed to execute a registered sale date regarding suit ‘B’ schedule property in favour of the respondent. Accordingly, the appeal is disposed off directing the appellant to execute a registered sale deed regarding suit ‘B’ schedule property in favour of the respondent within a period of six months. In view of disposal of the appeal, I.A.No.1/2013 does not survive for consideration, and accordingly, disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB