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2026 DAILYLAW 32756 (KAR)

GANGAMMA v. HOSALLAIAH

RSA/1161/2017 · 2026-08-12

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010313272017 NC: 2026:KHC:42933 RSA No. 1161 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1161 OF 2017 BETWEEN: GANGAMMA W/O LATE HOSALLIAH, AGED ABOUT 60 YEARS OCC: AGRICULTURE R/O C/O LAKSHMINARASAIAH R/O KOWTHAMARANAHALLI, GULUR HOBLI, TUMAKURU TALUKA DIST : TUMAKURU …APPELLANT (BY SMT.SUMANGALA GACHCHINAMATH FOR SRI GURUDEV I GACHCHINAMATH, ADVOCATES) AND: HOSALLAIAH S/O LATE RUDRAIAH SINCE DECEASED BY HIS LR NAGAMMA W/O LATE SREEKANTAPPA D/O HOSALLAIAH AGED ABOUT 70 YEARS R/O KOTE EXTENSION, KUNIGAL TUMAKURU DISTRICT …RESPONDENT (BY SRI MOUNESH S.B FOR SRI V.B.SIDDARAMAIAH, ADVOCATES) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010313272017 NC: 2026:KHC:42933 RSA No. 1161 of 2017 THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT & DECREE DATED 28.03.2017 PASSED IN R.A.NO.233/2016 (old No.89/12) ON THE FILE OF THE VI ADDL. DIST., AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.07.2012 PASSED IN OS.NO.496/98 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Parties present along with their respective advocates. 2. Compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates is filed. 3. Same is read over to the parties. 4. On enquiry, parties agree that the terms of the compromise petition depict the true terms of settlement and there is no force, undue influence or coercion in reaching out the terms of the compromise petition. 5. Though name of respondent No.2 is shown as Nagamma in the cause title to the memorandum of appeal, she has signed - 3 - HC-KAR CNR: KAHC010313272017 NC: 2026:KHC:42933 RSA No. 1161 of 2017 as Nagarathnamma. So also, the Aadhar Card shows the name as Nagarathnamma. Parties do not dispute the identity of Nagamma @ Nagarathnamma. 6. As such, there is no impediment for this Court to record satisfaction and dispose of the appeal in terms of the compromise petition. 7. Accordingly, the following: ORDER i. Appeal stands disposed of in terms of the compromise petition. ii. Office is directed to pass the modified decree in terms of the compromise petition, appending copy of the compromise petition as part of the decree. iii. No order as to costs. iv. Appellant is entitled for refund of permissible Court Fee. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 85