IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH 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.1881 OF 2018 BETWEEN:
SMT. S. MUBEEN TAJ WIFE OF K. NOORULLA SHERIFF AGED ABOUT 50 YEARS RESIDENT OF GURULINGAIAH CIRCLE MAYAGANAHALLI RAMANAGARA TALUK.
ALSO AVIALABLE AT NO.38/2 7TH MAIN, SANGAM CIRCLE J.J.R. NAGAR BENGALURU-560 026. ... APPELLANT (BY SRI. SHANMUKHAPPA, ADVOCATE) AND:
SMT. REHANA WIFE OF M. AKBER SHARIFF AGED ABOUT 58 YEARS RESIDENT OF NO.21, (OLD NO.11) 9TH CROSS WILSON GARDEN (PARK AREA) BENGALURU-560 027. ... RESPONDENT (BY SRI. RANGASWAMY R., ADVOCATE FOR MESSRS. DHANANJAYA C.M. ASSOCIATES) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTON 96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED:23.08.2018 PASSED IN O.S.NO.199/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, RAMANAGARAM, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT This regular first appeal is filed by the appellant challenging the judgment and decree dated 23.08.2018 passed by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Ramanagaram in O.S.No.199 of 2006.
2. A compromise petition is filed in the Court today under Order XXIII, Rule 3 read with Section 151 of Code of Civil Procedure which is signed by the appellant and the respondent and their respective counsels. The appellant and the respondent are present in the Court today and they are identified by their respective counsels. In the compromise petition, various terms are agreed upon by the parties. We have considered the same. We are of the view that the settlement arrived at by the parties is in accordance with law and in the interest of both the parties. Hence, the compromise petition is accepted. The judgment and decree dated 23.08.2018 passed by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Ramanagaram in O.S.No.199 of 2006 is set aside and the same is modified in terms of the compromise petition.
Accordingly, the appeal is disposed off.
75% of the Court fee paid on this appeal is directed to be released in favour of the appellant as agreed between the parties.
Decree be drawn accordingly.
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JUDGE JUDGE ST