IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1075 OF 2017 BETWEEN:
1. Smt. Jyothi, W/o. Sathyanarayanachari, Aged about 40 years, 2. S.Ashokachakravarthi, S/o. Satyanarayanachari, Aged about 15 years, (The Appellant No.2 is the minor, Represented by his mother as a Natural guardian Appellant No.1) Both are residing at Haliyur Village, Doddathathamangala Post-562135 Vijyapura Hobli, Devanahalli Taluk.
(By Sri. K.N.Rakshit, Advocate) AND:
1. Satyanarayanachari, S/o. Late Hanumanthachari, Aged about 53 years, …Appellants 2. Nanjappachari, S/o. Late Hanumanthachari, Aged about 60 years, 3. Eshwarachari, S/o. Late Hanumanthachari, Aged about 58 years, 4. Rajesh, S/o. Late Hanumanthachari, Aged about 49 years, R1 to R4 are residing at Chowluru Village, Hindupuram Mandala, Anathapura District-515201.
5. Land Acquisition Officer, K.I.A.D.B., Aravinda Bhavan, 1st Floor, Nrupathunga Road, Bengaluru-560001.
6. Smt. Anantharajamma, W/o. Late Siddachari, D/o. Late C.P.Hanumanthachari, Aged about 63 years, R/at Basavanahalli Village, Hindupur Taluk, Ananthapur District, Andhra Pradesh-515201.
7. Smt. Gayathri, W/o. Ramasundrachari, D/o. Late C.P.Hanumanthachari, Aged about 54 years, R/at NO.28, 4th Cross, 4th Main, Gangappa Garden, Buvaneshwar Nagar, K.P.Agrahara, Bengaluru-560023.
8. Smt. Vijayalakshmi, W/o. Mahalingachari, D/o. Late C.P.Hanumanthachari, Aged about 52 years, R/at Badakanahalli Village, Puruvara Hobli, Madugiri Taluk, Tumkur District-572132.
(By Sri. K.S.MalliKarjuna Reddy, Advocate for R1 to R4 and R6 to R8, Sri. Gopal Bilalmane, Advocate for R5) ... Respondents This RFA is filed under Order XLI Rule 1 read with Section 96 of CPC against the judgment and decree dated 13.04.2017 passed in O.S.No.67/2012 on the file of the Senior Civil Judge and JMFC, Gowribidanur, decreeing the suit for partition and separate possession.
This RFA coming on for admission this day, the Court made the following:
ORDER The appellant Nos.1 and 2 are present with their Advocate. Respondent Nos.1, 2, 3, 4, 6, 7 and 8 are present with their Advocate. Respondent No.5 - Land Acquisition Officer is represented by its counsel, namely, Sri Gopal Bilalmane.
2. The appellants and respondent Nos.1 to 4 & 6 to 8 present a compromise petition under Order 23 Rule 3 of CPC. Terms of the compromise petition are read over and explained to the parties in Kannada language. They submit that they have entered into compromise voluntarily without any kind of force or compulsion from anybody else and they have signed this compromise petition also.
3. According to compromise, the appellants are ready to receive Rs.4,00,000/- (Four Lakhs only) from respondent No.1 in full and final settlement of all their claims against respondent No.1. The terms of compromise are lawful and therefore it is accepted. The appeal is disposed of in terms of the compromise petition.
Draw decree accordingly.
KMV/-
Sd/- JUDGE