IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1055/2008 BETWEEN:
1 . SMT. NARAYANAMMA W/O PARANNA AGED 60 YEARS R/AT BAGALUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK-562 149.
2 . SMT. JAYAMMA W/O VENKATAPPA AGED 55 YEARS KURAGAL VILLAGE VEMAGAL HOBLI KOLAR TALUK KOLAR DISTRICT – 563 101.
(BY SRI T SESHAGIRI RAO, ADVOCATE) AND:
SRI LAKSHMISHA S/O FASTER FATHER DODDA BYRAPPA R/AT K NATRAYANAPURA VILLAGE K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE – 550 036.
...APPELLANTS ...RESPONDENT (BY SRI JAGADISH MUNDARGI, ADVOCATE) THIS RFA IS FILED U/S 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:01.09.2008 PASSED IN OS No.3238/1999 ON THE FILE OF THE XXXVII ADDITIONAL I CITY CIVIL AND SESSIONS JUDGE, CCH.38, BANGALORE CITY DECREEING THE SUIT FOR DECLARATION AND PERPETUAL INJUNCTION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for both the parties submit that the parties have compromised the matter and they have filed a compromise petition dated 10.10.2019 under order XXIII Rule 3 read with Section 151 of CPC, duly signed by the parties and attested by their respective counsel and the same is taken on record.
2. The parties to the lis are present and their presence is placed on record.
3. The terms of the compromise includes payment of Rs.09.00 lakh by way of crossed DD dated 17.9.2019 bearing No.907097 and 907096 of the Andhra Bank, Tanisandhra Branch, Bangalore and Rs.1.00 lakh by way of cash to the appellants No. 1 and 2 and they acknowledged the receipt of the same. The terms of compromise appears to be lawful and accepted.
4. Placing the statements made in the compromise petition dated 10.10.2019 on record, the appeal is disposed of in terms of the compromise petition.
However, the appellants and respondent to file fresh valuation slip and the court fee if necessary. Further, they are entitled for refund of the Court fee.
Draw the decree in terms of the compromise petition.
Sd/- JUDGE tsn*