IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE H.P. SANDESH R.F.A. No. 518/2012 BETWEEN :
Smt. K. Subbalakshmamma (K.S. Lakshmamma) W/o. K. Raghava Reddy Aged major R/a. No. 536, RMV II Stage Khodays Colony 12th Cross, 5th Main Bangalore – 560 094. … APPELLANT (By Sri. P.N. Nanja Reddy, Adv.) AND :
1. Smt. Surya Kumari W/o. B.K. Chowda Reddy Aged major R/a. No. 111 Ravi Nilaya Suddaguntapalya C.V. Ramanagar Post Bangalore – 560 093.
2. Sri. K. Prakash Rao S/o. Mohan Rao No. 48, NGEF Layout Sachindananda Nagar Bangalore – 560 094.
3. Smt. Malathi Shetty W/o. M.B. Shivaramshetty Aged about 56 years R/a. Flat No. 303 Sri. Shelters Hoysala 23/1, B. Rajagopal Road Sanjaya Nagar Bangalore – 560 094.
4. Prof. T.S. Ramu S/o. T.S. Shankara Shetty Aged about 55 years R/a. No. 107 Swetadri No. 54 11th Main, Malleshwaram Bangalore – 560 055. … RESPONDENTS (By Sri. C.N. Sangolli, Adv., for R-3 Sri. T.A. Chandrashekar, Adv., for R-4 R-1 & R-2 Service held sufficient) ---
This R.F.A. is filed under Section 96 CPC against the judgment and decree dated 05.01.2012 passed in O.S. No. 15392/2001 on the file of XXVIII Addl. City Civil Judge, Mayo Hall, Bangalore dismissing the suit for specific performance and etc.
This R.F.A. coming on for further arguments this day, the Court delivered the following;
J U D G M E N T The parties have filed a compromise petition under Order XXIII Rule CPC and same is signed by the GPA holder of appellant and respondent No. 4. Appellant is represented by GPA holder who is none other than her husband.
2. Learned counsel for appellant filed a memo along with GPA and vakalath and the same is taken on record.
3. In terms of the compromise petition respondent No. 4 has handed over 5 cheques amounting to Rs.14,50,000/- to the appellant.
4. Accordingly, in terms of the compromise petition, the appeal is disposed of. As per the compromise petition appellant to obtain original documents and handover the same to respondent No. 4.
5. Office is directed to draw the decree in terms of the compromise petition. Office is also directed to return the LCR forthwith.
Sd/- JUDGE.
LRS.