IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.2151/2017(DEC/INJ) BETWEEN:
MADHU KUMAR @ MADHU S/O LATE VENKATESHAPPA AGED ABOUT 31 YEARS OCC: COOLI R/O VIDYANAGAR, HOLEHONNUR VILLAGE BHADRAVATHI TALUK – 577 271 … APPELLANT (BY SRI M.R.HIREMATHAD, ADV.) AND:
1. SMT.RANGAMMA W/O LATE H.T.SANNAPPA AGED ABOUT 76 YEARS HOUSEWIFE 2. SMT.YASHODHAMMA W/O LATE VENKATESH AGED ABOUT 46 YEARS HOUSEWIFE 3. ULLAS S/O LATE VENKATESH AGED ABOUT 26 YEARS STUDENT 4. UMESHA S/O LATE SANNAPPA AGED ABOUT 51 YEARS BUSINESS 5. SHIVANNA S/O LATE SANNAPPA AGED ABOUT 46 YEARS BUSINESS 6. RANGAIAH S/O LATE SANNAPPA AGED ABOUT 36 YEARS BUSINESS ALL ARE R/O VIJAYANAGARA HOLEHONNUR, BHADRAVATHI TALUK SHIMOGGA DISTRICT – 577 271 …RESPONDENTS (BY SRI H.M.THIPPERUDRASWAMY, ADV. FOR C/R1 TO R6) THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED:01.06.2017 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, IN R.A.NO.81/2013 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.06.2013 PASSED BY THE CIVIL JUDGE AND ADDITIONAL JMFC, BHADRAVATHI IN O.S.NO.258/2011.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellant produces the copy of the decree in O.S.No.258/2011. Hence, office objection stood complied.
2. Heard both side on the compromise petition.
Satisfied that the compromise is admissible under law. Therefore, the compromise is recorded. The appeal and I.A.No.1/2019 are allowed.
3. The judgment and decree dated 1.6.2017 in R.A.No.81/2013 passed by the Additional Senior Civil Judge and JMFC., Bhadravathi and the judgment and decree dated 28.6.2013 in O.S.No.258/2011 passed by the Civil Judge and Addl.JMFC., Bhadravathi, are hereby set aside 4. The suit of the plaintiff in O.S.No.258/2011 is hereby decreed in terms of the compromise petition.
Draw up decree accordingly.
Sd/- JUDGE KNM/-