IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO. 1473 OF 2013 BETWEEN:
1. ABDUL QAIYUM SON OF LATE MOHAMMED AGED 57 YEARS 2. MRS. RUKHIYA WIFE OF ABDUL QAIYUM AGED 47 YEARS.
BOTH ARE RESIDING AT BUSMAT, 3RD CROSS, AZAD NAGAR, ULLAL, MANGALURU TALUK DAKSHINA KANNADA DISTRICT – 575 001.
... APPELLANTS (BY SRI K. SHRIHARI, ADVOCTE) AND:
1. C. ABBAS SON OF LATE KUNHI PAKKI AGED 5 YEARS RESIDING AT KATRIGUDDE ATTAVARA, MANGALURU DAKSHINA KANNADA DISTRICT -575 001.
2. M/S. ASIAN FISH MEAL & OIL CO. A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT DOOR NO.1-1/18 KOTEPURA, ULLAL MANGALURU TALUK DAKSHINA KANNADA – 575 001.
... RESPONDENTS (BY SRI UDAYA PRAKASH MULYA, ADVOCATE FOR RESPONDENT NO.1;
RESPONDENT NO.2 SERVED- UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2013 PASSED IN O.S.NO.50 OF 2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL CJM, MANGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A compromise petition is filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure. The appellants are represented by their GPA Holder. The second respondent is a partnership firm and the first respondent is represented by his GPA Holder. They are present in Court. The compromise petition is signed by the GPA holders of the appellants, and respondent No.1. They are identified by their respective counsels. Various terms and conditions have been agreed between the parties.
2. In the interest of both the parties, the compromise petition is accepted. The impugned judgment and decree dated 18.04.2013 passed by the Principal Senior Civil Judge, Mangaluru, in O.S.No.50 of 2010 is set aside. The appeal is disposed off in terms of the compromise petition.
Decree to be drawn accordingly.
75% of the court fee is directed to be returned to appellant No.1 at request.
SD/- SD/-
JUDGE JUDGE SA