IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1648/2008 (INJ) BETWEEN:
1. SRI D.C.JANARDHANA S/O LATE CHANNAKESHAVAIAH 2. SMT.PADMAVATHAMMA AGED ABOUT 37 YEARS W/O LATE PRAKASH BABU 3. SRI C.KRISHNA AGED ABOUT 37 YEARS S/O LATE CHANNAKESHAVAIAH 4. SRI C.RAVIKUMAR AGED ABOUT 42 YEARS S/O LATE CHANNAKESHAVAIAH 5. SRI C.SRINATH AGED ABOUT 32 YEARS S/O LATE CHANNAKESHAVAIAH ALL ARE R/AT DODDAIYYUR VILLAGE VAKKALERI HOBLI KOLAR TALUK ….APPELLANTS (BY SRI V.VINOD REDDY, ADVOCATE FOR SRI PAPI REDDY, ADVOCATE) AND:
1. KOLAR ZILLA PANCHAYATH KOLAR BY ITS CHIEF EXECUTIVE OFFICER 2. THE EXECUTIVE ENGINEER ZILLA PANCHAYATH KOLAR DISTRICT KOLAR 3. THE ASSISTANT EXECUTIVE ENGINEER ZILLA PANCHAYATH KOLAR SUB-DIVISION KOLAR ….RESPONDENTS (BY SRI M.NARAYANA REDDY, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:25.03.2008 PASSED IN RA.NO.266/2006 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER FAST TRACK COURT-II, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 27.07.2006 PASSED IN OS.NO.237/2004 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.) KOLAR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Both parties present. They are duly identified by their respective Counsel. They admit execution of Memorandum of Settlement submitted to this Court through the Mediation Centre, Kolar. The same is found admissible under law. Therefore, the Memorandum of Settlement is recorded.
The appeal is allowed. The judgment and decrees of the courts below are modified. The suit is decreed in terms of the Memorandum of Settlement. Draw decree accordingly.
Sd/- JUDGE KNM/-