IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT RSA NO. 140/2012 C/W RSA NO. 141/2012 IN RSA NO. 140/2012:
BETWEEN:
1. SMT JANAKAMMA, W/O RAMACHANDRAIAH, AGED ABOUT 61 YEARS, 2. SRI LOKESH, S/O RAMACHANDRIAH, AGED ABOUT 39 YEARS, 3. SRI MOHANKUMAR, S/O RAMACHANDRIAH, AGED ABOUT 37 YEARS, APPELLANTS NO. 1 TO 3 ARE R/O MALLENAHALLI KASABA HOBLI ARKALGUD TALUK 4. SMT CHENNAMMA W/O RAMU, AGED ABOUT 34 YEARS, R/O BANVASI, KATTAYA HOBLI, HASSAN TALUK.
5. SMT SHOBHA, W/O SHANTHARAJU AGED ABOUT 27 YEARS R/O KALENAHALLI, KIKKERI HOBLI K R PET TALUK, (BY SRI. H JAYAKARA SHETTY & SRI. NARENDRA PATGAR, ADVOCATE) ... APPELLANTS AND:
B N MEENAKSHAIAH SINCE DEAD BY LRS 1. SMT SAROJAMMA W/O LATE MEENAKSHAIAH AGED ABOUT 61 YEARS R/AT MALLENAHALLI VILLAGE, KASABA HOBLI ARKALGUD TALUK 2. SMT THULASAMMA W/O KESHAVAMURTHY AGED ABOUT 41 YEARS R/AT CHOUDALA VILLAGE, KUNDOORU MATA POST CHANNARAYAPPATNA TALUK 3. SRI KESHAVAMURTHY S/O LATE MEENKASHIAH AGED ABOUT 40 YEARS R/AT MALLENAHALLI VILLAGE KASABA HOBLI ARKALGUD TALUK 4. SRI KUMARASWAMY M M S/O LATE MEENAKSHAIAH AGED ABOUT 39 YEARS POLICE CONSTABLE, AT SHRAVANABELAGOLA POLICE STATION CHENNARAYAPATNA 5. SMT PREMA W/O RAMESH AGED ABOUT 36 YEARS R/AT GAVINAHALLI VILLAGE THENGINAGATTA POST, KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.
6. SRI ASHOKA S/O LATE MEENAKSHAIAH AGED ABOUT 61 YEARS R/AT MALLENAHALLI VILLAGE KASABA HOBLI ARKALGUD TALUK 7. SMT KAMAKSHI W/O SRINIVASMURTHY AGED ABOUT 32 YEARS R/AT BABBAGALALE VILLAGE MALIPATTANA HOBLI ARKALGUD TALUK 8. SMT CHANNAMMA W/O KRISHNAIAH MAJOR R/AT DODDAKUNCHEVU HALEKKOTE HOBLI HOLENARASIPURA TALUK 9. SMT SUSHEELAMMA MAJOR W/O NARASIMHAMURTHY R/AT MAVINAKERE BHADRAVATHI TALUK SHIMOGA DISTRICT.
... RESPONDENTS (R1-9 SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2011 PASSED IN R.A.NO.28/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, HASSAN, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 7.8.2010 PASSED IN O.S.NO.138/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., ARKALGUDU.
IN RSA NO. 141/2012:
BETWEEN:
SRI MOHANKUMAR S/O RAMACHANDRIAH, AGED ABOUT 37 YEARS, R/O MALLENAHALLI, KASABA HOBLI, ARKALGUD TALUK.
(BY SRI. H JAYAKARA SHETTY & SRI. NARENDRA PATGAR, ADVOCATE) AND:
... APPELLANT B N MEENAKSHAIAH SINCE DEAD BY LRS 1. SMT. SAROJAMMA, W/O LATE MEENAKSHAIAH AGED ABOUT 61 YEARS, R/A MALLENAHALLI VILLAGE KASABA HOBLI, ARKALGUD TALUK, 2. SMT. THULASAMMA W/O KESHAVAMURTHY, AGED ABOUT 41 YEARS, R/A CHOUDALA VILLAGE, KUNDOORU MATA POST, CHANNARAYAPATNA TALUK.
3. SRI KESHAVAMURTHY S/O LATE MEENAKSHAIAH, AGED ABOUT 40 YEARS, R/A MALLENAHALLI VILLAGE, KASABA HOBLI, ARKALGUD TALUK 4. SRI. KUMARASWAMY M.M., S/O LATE MEENAKSHAIAH, AGED ABOUT 39 YEARS, POLICE CONSTABLE AT SHRAVANABELAGOLA POLICE STATION, CHANNARAYAPATNA 5. SMT. PREMA W/O RAMESH,.
AGED ABOUT 36 YEARS, R/A GAVINAHALLI VILLAGE, THENGINAGATTAPOST, KIKKERI HOBLI, K.R.PET TALUK, MANDYA DISTRICT 6. SRI.ASHOKA S/O LATE MEENAKSHAIAH, AGED ABOUT 61 YEARS, R/A MALLENAHALLI VILLAGE, KASABA HOBLI, ARKALGUD TALUK 7. SMT. KAMAKSHI W/O. SRINIVASMURTHY, AGED ABOUT 32 YEARS, R/A BABBAGALALE VILLAGE, MALLIPATNA HOBLI, ARKALGUD TALUK.
NOTE: SINCE RESPONDENTS NO.2,3 WHO ARE DEFENDANTS NO.2 & 3 BEFORE THE TRIAL COURT THEY ARE NOT ARRAYED AS RESPONDENTS AGAIN IN THE CAUSE TITLE) ... RESPONDENTS (R1-7 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2011 PASSED IN R.A.NO.29/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, HASSAN, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 17.8.2010 PASSED IN O.S.NO.30/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., ARKALGUDU.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
JUDGMENT The appellant has filed this day an application u/s. 151 of CPC seeking disposal of these two appeals in terms of a registered Settlement Deed dated 28.05.2012, a copy whereof is produced as Document No.1 along with it. The application is supported by a narrative affidavit filed by 3rd appellant for himself and for other appellants on authorization.
2. The R.S.A.No.140/2012 is against the judgment & decree dated 16.11.2011 made in R.A.No.28/2008 and the R.S.A. No.141/2012 is against the judgment & decree again dated 16.11.2011 in R.A.No.29/2008. The lis in these appeals having been finally settled by virtue of Settlement aforementioned, these appeals need to be disposed off in terms thereof, there being no reason to doubt the bona fide and lawfulness thereof; that apart, prima facie, the said settlement appears to be in the best interest of the parties.
In the above circumstances, these appeals are disposed off by modifying the impugned judgments & decrees, to accord with the aforesaid registered Settlement Deed dated 28.05.2012.
Registry shall draw a common decree accordingly. No costs.
Sd/- JUDGE Snb/