IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR SECOND APPEAL NO.1830 OF 2016 (MON) BETWEEN:
1. K.E.Gopalgowda Aged about 65 years S/o late Eregowda 2. Smt.J.P.Saroja Aged about 60 years W/o K.E.Gopalgowda 3. Sri.K.G.Lohit Aged about 34 years S/o K.E.Gopalgowda All residing at Koduvalli Village Anoor Post, Vasthare Hobli Chikkamagalur Taluk & District -577 201.
…APPELLANTS (By Smt.H.V.Kathyayini Devi, Advocate for Sri.Pavana Chandra Shetty.H, Advocate) AND:
C.L.Moganna Gowda @ Lakshmana Aged about 65 years S/o late C.B.Lingegowda Coffee Planter Residing at Chikkamagaravalli Village Aldur Post Chikkamagalur Taluk & District 577 201.
... RESPONDENT (By Sri.B.R.Prasanna, Advocate) This RSA is filed under Section 100 of CPC., against the judgment and decree dated 03.09.2016 passed in R.A.No.53/2015 on the file of the Prl. District & Sessions Judge, Chikkamagaluru, partly allowing the appeal and setting aside the judgment and decree dated 26.08.2015 passed in O.S.No.73/2014 on the file of the 2nd Additional Senior Civil Judge, Chikkamagaluru.
This appeal coming on for Admission, this day, the Court delivered the following:
ORDERS ON COMPROMISE PETITION A Compromise Petition under Order XXIII Rule 3 of Code of Civil Procedure has been presented by the 3rd appellant–Sri.K.G.Lohit and the respondent– Sri.C.L.Moganna Gowda @ Lakshmana. Appellant Nos.1 and 2 viz., Sri.K.E.Gopalgowda and Smt. J.P.Saroja have executed a Power of Attorney in favour of 3rd appellant-Sri.K.G.Lohit authorizing him to enter into compromise in this appeal. The Power of Attorney is produced and it contains a clause that 3rd appellant can enter into compromise on behalf of appellant Nos.1 and 2.
2. The contents of the compromise petition have been read over and explained to the 3rd appellant and the respondent in Kannada language, which they know. They submit that they have voluntarily put their signatures on the compromise petition and that they have entered into compromise without any kind of force or influence from anybody else. Counsel for the parties have also put their signatures on the compromise petition. The terms of the compromise are lawful and therefore, the compromise petition is accepted.
3. By virtue of this compromise, the respondent is entitled to withdraw an amount of Rs.4,10,115/- deposited before this Court on two dates viz., 16.01.2017 and 24.04.2017.
The appeal is disposed of in terms of compromise petition.
Registry is directed to release this amount in favour of the respondent.
Draw decree accordingly.
In view of this compromise, 75% of the court fee in accordance with Section 66(2) of the Karnataka Court Fees and Suits Valuation Act,1958 be refunded to the appellant No.3.
Sd/-
JUDGE Prs*