IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.532 OF 2018 BETWEEN C.R.Shivashankar, S/o. Late L.V.Ramakrishna, Aged about 40 years, No.25, PSK Lane, OTC Road, Cottonpet, Bengaluru-560053.
Now the appellant is R/at No.433, 1st Block, 3rd Stage, 13th Main, West of Chord Road, Manjunatha Nagara, Bengaluru-560010.
(By Sri. Vijaya Krishna Bhat, Advocate) AND 1. Smt. Nagarathna, W/o. late Ravi, Aged about 44 years, No.238, Caveri Road, Ragavendranagara, Mysore-570011.
2. Arun S/o. Late Ravi, Aged about 29 years, No.238, Caveri Road, Mysore-570011.
…Appellant 3. Ananda S/o. Late Ravi, Aged about 27 years, No. 238, Caveri Road, Mysore-570011.
4. N.V.Sathyanarayana, S/o. Late Venkatesh Shastri, Aged about 87 years, No.666, 8-C Main, 3rd Cross, Manjunatha Nagara, Bengaluru-560010.
5. Srinivasa S/o. Sathyanarayana, Aged about 42 years, No.666, 8-C Main, 3rd Cross, Manjunatha Nagara, Bengaluru-560010.
6. S.Venkatesh S/o. Sathayanarayana Aged about 42 years, No.666, 8-C Main, 3rd Cross, Manjunatha Nagara, Bengaluru-560010.
7. S.Vijaya D/o. N.V.Shastri, W/o. Rangaswami, Aged about 56 years, R/at No.224, Shrinagara, Block No.2, Ramabai Nagara, Mysore-570015.
(By Ms. Lavanya K., Advocate, for Sri. R.Nataraj, Advocate, for R1 to R3, Notice to R4-R7 is dispensed with.) …Respondents This RFA is filed under Section 96 of CPC against the judgment and decree dated 06.02.2018 passed in O.S.No.160/2013 on the file of the XXXIX Additional City Civil and Sessions Judge, Bengaluru City, partly decreeing the suit for partition.
This RFA coming on for admission this day, the court made the following:
ORDER The appellant is present with his advocate. Respondents 1 to 3 are present with their advocate. It is stated respondents 4 to 7 have sold the property to the appellant and that they also did not contest the suit. Respondents 4 to 7 are absent today. Their presence is dispensed with.
2. This matter was referred to mediation. The Mediation Centre, Bengaluru, has sent a report that the appellant and respondents 1 to 3 have arrived at a settlement, the memorandum of which is also enclosed along with the report. The terms of the memorandum of settlement are explained to the parties in Kannada language. They admit that they have voluntarily entered into this compromise or settlement. According to this compromise, the appellant has paid Rs.8,00,000/- to respondents 1 to 3 in the manner stated in clause (b) (i) to (iii). Respondents 1 to 3 report that they have received entire amount of Rs.8,00,000/- and that they have given up their claim in respect of suit property in favour of the appellant. This compromise is lawful and therefore it is accepted.
3. Since respondents 1 to 3 being the plaintiffs in the suit have given up their claim in respect of suit property in favour of the appellant, the judgment of the trial court in the suit is set aside and the suit is dismissed. Draw decree accordingly.
Sd/- JUDGE ckl