IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.2269/2018 (RES) BETWEEN:
SRI G.M.OSWAL @ GYANCHAND MANIKLALJI OSWAL S/O MANIKLALJI AGED ABOUT 73 YEARS BUSINESSMAN PROPRIETOR SOUTH INDIA RADIO AND OPTICAL DOOR NO.290/15 ASHOKA ROAD DAVANAGERE – 577 002 …APPELLANT (BY SRI VISHWAJITH SHETTY S., ADV.) AND:
1. SMT.N.JAYAMMA W/O CHIKKANNA D/O LATE NEELAGUNDADA SIDDARAMANNA AGED ABOUT 80 YEARS LANDLADY R/AT DOOR NO.290/12 ASHOKA ROAD DAVANAGERE – 577 002 2. SMT.DR.CHETANA KALLAPPA W/O LATE DR.KARADI KALLAPPA AGED ABOUT 57 YEARS WORKING IN PAEDIATRIC DEPARTMENT BIRMINGHAM CHILDRENS HOSPITAL BIRMINGHAM, ENGLAND 3. SRI N.C.CHANNABASAVARAJA S/O SRI N.C.CHIKKANNA AGED ABOUT 55 YEARS DOCTOR, R/AT DOOR NO.290/12 ASHOKA ROAD DAVANAGERE – 577 022 …RESPONDENTS (BY SMT.JYOTHI M., ADV. FOR C/R1 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:25.09.2018 PASSED IN R.A.NO.38/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND V MACT, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.03.2018 PASSED IN O.S.NO.333/2011 ON THE FILE OF THE C/c ADDITIONAL CIVIL JUDGE, DAVANAGERE.
THIS APPEAL COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Appellant, respondent Nos.1 and 3 are present. Respondent No.3 is the Power of Attorney Holder of respondent No.2. Both Counsel present. Parties are duly identified by their respective Counsel. Parties file compromise petition. They admit execution of the compromise petition. Respondent No.1 acknowledges the receipt of cheque for `5,66,196/-.
2. Heard both side on the compromise petition.
Satisfied that the compromise is admissible under law. Therefore, the compromise is recorded. The appeal is allowed.
3. The impugned judgments and decree of the courts below are modified. The suit is hereby decreed in terms of the compromise petition.
Draw up decree accordingly.
Registry shall refund the admissible court fee to the appellant.
Sd/- JUDGE KNM/-