IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.235 OF 2017 Between:
1. Sri.Bhujangappa @ Shivanna S/o Late Puttamadappa Since deceased his LR’s 1(a) Sri.S.Shivakumar S/o Late Bhujangappa, Aged about 50 years.
1(b) Smt.Mangalamma W/o Late Bhujangappa Aged about 65 years.
Both 1(a) and (b) are residing at Gejagahalli Village, Kasaba Hobli, Mysuru Taluk, Mysore District – 570121.
1(c) Smt.Uma.C W/o Mahadevaswamy K.V D/o Late Dhakshayani Aged about 30 years, R/o 36, Lake View layout, J.P.Nagar, Mysuru.
(Cause title amended as per court order dated 13.12.2018) (By Sri. Syed Akbar Pasha, Adv. for A1(a-c)) And:
1. Smt.Devamma W/o Late Nanjappa, D/o Late Puttamadappa, Aged about 79 years, R/o Gejagalli Village, Kasaba Hobli, Mysuru Taluk, Mysuru district – 570121.
2. Smt.Nagarathna D/o Late Puttamadappa, Aged about 47 years, Kasaba Hobli, Mysuru Taluk, Mysuru District – 570121.
Now R/o No.63, 4th Cross, CH. Hill Road, J.C.Nagar, Mysuru – 570121.
3. Smt.Rajamma W/o Late Mahadevappa, Aged about 71 years, Kasaba Hobli, Mysuru Taluk, Mysuru District – 570121.
4. Sri.Vijaykumar S/o Late Mahadevappa, …Appellants Aged about 48 years, Kasaba Hobli, Mysuru Taluk, Mysuru District – 570121.
5. Sri.Manjunath S/o Late Mahadevappa, Aged about 45 years, Kasaba Hobli, Mysuru Taluk, Mysuru District – 570121.
6. Sri.Chandrashekar.M S/o Late Mahadevappa, Aged about 34 years, Kasaba Hobli, Mysuru Taluk, Mysuru District – 570121.
7. Smt.Puspalatha, D/o Late Mahadevappa, Aged about 47 years, Kasaba Hobli, Mysuru Taluk, MysuruDistrict – 570121.
(By Sri.D.Krishnamoorthy, Adv. for R1, Sri.T.A.Karumbaiah, Adv. for R2 to R7) …Respondents This Regular First Appeal is filed under Section 96 of CPC., against the judgment and decree dated 14.03.2016 passed in O.S.No.939/2011 on the file of I Additional Senior Civil Judge and CJM, Mysuru, partly decreeing the suit for declaration, partition and separate possession.
This Regular First Appeal coming on for orders, this day, the Court made the following:
ORDER Report from the Mediation Center, Bengaluru has been received. Parties have resolved the dispute.
The legal representatives of the deceased appellant are present before the Court with their Advocate. The respondent Nos.1 to 7 are also present before the Court with their Advocate.
The contents of the compromise petition are read over and explained to the parties in Kannada language. They confirm the correctness of the contents of this compromise petition and that they have voluntarily signed this compromise petition. Today the respondent No.1/plaintiff receives Rs.12 lakhs by way of Demand Draft bearing No.258941 dated 18.12.2018 drawn on Syndicate Bank, Kengeri Satellite Town, Bengaluru Branch.
Respondent No.1 confirms to have already received Rs.5 lakhs as stated in Paragraph 7 of the Memorandum of Settlement.
The terms of the compromise are lawful and compromise is accepted. Draw decree accordingly.
Sd/- JUDGE NS