IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.2118 OF 2017 BETWEEN:
N. GOPALA REDDY SON OF LATE H. NARAYANA REDDY, AGED ABOUT 45 YEARS, RESIDING AT NO.3/7, NGR COMPLEX ARAKERE MAIN ROAD, BANNERGHATTA ROAD, BENGALURU-560 076.
(BY SRI V.C. RAJU, ADVOCATE FOR SRI G.L. VISHWANATH, ADVOCATE) AND:
1. A.M. LAKSHMINARAYANA SON OF LATE MUTHAPPA, AGED ABOUT 66 YEARS.
2. A.M. MUNIRAJU SON OF LATE MUTHAPPA, AGED ABOUT 61 YEARS.
...APPELLANT 3. SMT. SHANTHAMMA DAUGHTER OF LATE MUTHAPPA, AGED ABOUT 72 YEARS.
4. SMT. SUSHEELAMMA DAUGHTER OF LATE MUTHAPPA AGED ABOUT 70 YEARS.
RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.174, KSHEERASAGARA NILAYA DODDAMANE KRISHNAPPA LAYOUT ARAKERE, BANNERGHATTA ROAD, BENGALURU-560 078.
RESPONDENTS/PLAINTIFFS NO.2 TO 4 ARE REPRESENTED BY THEIR G.P.A. HOLDER RESPONDENT/PLAINTIFF NO.1 .
... RESPONDENTS (BY SRI T. SESHAGIRI RAO, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2017 PASSED IN OS NO.6149 OF 2015 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A compromise petition is filed under Order-23, Rule- 1, read with Section-151 of Code of Civil Procedure, 1908. The parties have arrived at a settlement on various terms and conditions. The compromise petition is signed by the appellant and each one of the four respondents, as well as their respective counsels. The parties are present and are identified by their respective learned counsels.
2. On considering the same, we are of the view that the compromise petition is in their interest and the settlement is lawful. Therefore, the compromise petition is accepted.
3. In terms of clause-6(e) of the compromise petition, four Demand Drafts amounting to a sum of Rs.50,00,000/- (Rupees Fifty Lakh Only) is paid by the appellant to the respondents in the Court today.
4. Therefore, the appeal is allowed. The judgment and decree of the trial court dated 30.11.2017, passed in O.S.No.6149 of 2015, by the LXIV Additional City Civil and Sessions Judge, (CCH No.65), Bengaluru is set-aside. The suit of the plaintiffs is dismissed in terms of the compromise petition. Decree to be drawn accordingly. Further, 75% of the court fee paid along with this appeal is directed to be refunded to the appellant.
Sd/- Sd/-
JUDGE JUDGE JJ