IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1710 OF 2018 (DEC/INJ) BETWEEN:
SRI D.R.VENKATACHALAPATHY S/O VENKATARATHNAIAH SHETTY AGED ABOUT 69 YEARS R/AT BEHIND BALAJI TALKIES CHIKKABALLAPUR-562 101 ... APPELLANT (BY SRI T.K.RAJAGOPALA, ADVOCATE) AND:
SRI MUNIRUDRACHARI S/O APPAYACHARI @ GNANANURTHACHARI AGED ABOUT 79 YEARS R/AT PANDURANGA SWAMY TEMPLE STREET CHIKKABALLAPUR-562 101 ... RESPONDENT (BY SRI SATHEESH.N., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 02.06.2018 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C. AT CHICKBALLAPUR IN R.A.NO.133/2004 AND AFFIRMING THE JUDGMENT AND DECREE DATED 21.07.2004 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE (JR. DN) & J.M.F.C., CHICKBALLAPUR IN O.S.NO.239/1995.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Appellant and respondent are present. They are duly identified by the respective counsel. They have filed compromise petition.
2. Parties admit the execution of the compromise petition. Appellant acknowledges the receipt of Rs.75,000/- as per the terms of the compromise.
3. The compromise found lawful. Therefore, the same is recorded. Appeal is allowed in terms of the compromise petition. The judgments and decrees of the Courts below are modified in terms of the compromise petition.
Draw decree accordingly.
Sd/- JUDGE KG