IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1822 OF 2013 BETWEEN Smt. Dhanamani W/o. late M.K.Subramanyam Since deceased by her LRs (Her LRs Appellant No.1 to 3 are already on record) 1. Sri. Balamurugan S/o. Late M.K.Subramanyam Aged about 41 years, 2. Sri. Chandra Mohan, S/o. Late M.K.Subramanyam Aged about 38 years, 3. Smt. Shyamala Priya D/o. Late M.K.Subramanyam Aged about 31 years, All are residing at No.1762 Babu Nilayam, 5th Cross, Near Gayathri School, Ground Road, Vijinapura, Dooravaninagar, Bangalore-560016.
(By Sri. Prasanna Kumar C.S., Advocate) …Appellants AND Sri. Subramanya S/o. K.Muniyappa, Aged about 40 years, Residing at No.333, Maruthi Road, Near Vinayaka Temple, Ramamurthynagar, Bangalore-560016.
(By Sri. Prithvi Raj B.N., Advocate) …Respondent This RFA is filed under Section 96 of CPC., against the judgment and decree dated 27.08.2013 passed in O.S.No.7457/2010 on the file of XXXVII-Additional City Civil and Sessions Judge, Bengaluru, Dismissing the suit for declaration and permanent injunction.
This appeal coming on for orders, this day, the Court made the following :
ORDERS ON COMPROMISE PETITION The parties to this appeal have presented the compromise petition under Order 23 Rule 3 Code of Civil Procedure. The legal representatives of the appellant namely Sri. Balamurugan, Sri. Chandra Mohan and Smt. Shyamala Priya have executed the power of attorney in favour of Sri. G.A. Muniraju authorizing him to enter into compromise on their behalf. Power of attorney is produced.
2. The power of attorney is present before the Court. The respondent Sri. Subramanya is also present. The compromise petition has been signed by the power of attorney of the appellants and the respondent. The advocates for the parties have also put their signatures on this compromise petition. The contents of this compromise petition are read over and explained to the parties in Kannada language. They admit that they are aware of the contents of this compromise petition. The respondent confirms to have received Rs.17,00,000/- (Rupees Seventeen Lakhs Only) from the appellants. The parties also submit that they have entered into compromise voluntarily without any kind of force or influence from anybody else. Terms of compromise are lawful. Therefore compromise is accepted. Decree shall be drawn in accordance with the compromise.
By virtue of this compromise, 75% of the court fee in accordance with Section 66 (2) of Karnataka Court Fees and Suits Valuation Act can be refunded to the appellants and it is ordered. The refund cheque may be issued in the name of 1st legal representative of the appellant, viz., Balamurugan.
Sd/- JUDGE sd