IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1156 OF 2018 BETWEEN Sri. H.S. Siddappa, S/o. Late Shankarappa, Presently aged about 67 Years, R/at No.73, 1st ‘E’ Main Road, J.S. Nagara, Nandini Layout Post, BENGALURU-560 096. …Appellant (By Sri. D. Gangadhara, Advocate) AND 1. Smt. S.K. Nirmala Gowda, W/o. K.S. Narayanaswamy, Aged about 50 years, R/at: No. 136, 6th Cross, Teachers Colony, J.P. Nagar 1st Stage, BENGALURU-560 078.
2. Sri. H. Ravikumar, Father Name not known, Aged about 45 years, 3. Smt. Muniyamma, Husband Name not known, Aged about 65 Years, Respondents 1 & 2 are R/at: No.41, 6th Cross, Muneshwara Block, Mahalakshmipura, BENGALURU-560 086.
Hanumanthappa @ Ananthappa (Deleted) . . . Respondents (By Sri. Somanath.H. Advocate for Respondent No.1) This Regular First Appeal is filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 28.04.2018 passed in O.S.No.6968/2006 on the file of the XLIII Additional City Civil and Sessions Judge (CCH-44), Bengaluru, dismissing the suit for permanent injunction.
This RFA coming on for admission this day, the court made the following:
ORDERS ON COMPROMISE PETITION The appellant’s counsel has filed a memo dated 08.02.2019 stating that the appellant does not press this appeal against respondent Nos. 2 & 3. Memo is signed by the appellant also. Memo is placed on record. The appeal stands dismissed as against respondent Nos.2 & 3.
2. The appellant and the first respondent present a compromise petition under Order XXIII Rule-1 of the Code of Civil Procedure. They have signed this compromise petition.
Advocates for the parties have also signed the compromise petition. The contents of the compromise petition are read over and explained to the parties in Kannada language who are present before the court. They voluntarily submit that they have entered into this compromise without any kind of force or compulsion from anybody and that they are aware of the contents of the compromise petition. They confirm the correctness in the terms of compromise.
4. As stated in paragraph-17 of the compromise petition, the appellant has acknowledged receipt of a sum of Rs.15,00,000/- (rupees fifteen lakhs only) from the subsequent purchaser of the first respondent. Today, the subsequent purchaser of first respondent has paid a sum of Rs.2,00,000/- by way of cash and Rs.13,00,000/- by way of two post dated cheques bearing No.838521 dated 01.03.2019 and 838522 dated 05.03.2019 for Rs.6,00,000/-
& Rs.7,00,000/- respectively, drawn on Karnataka Bank, City Civil Court Branch, Bengaluru. The appellant acknowledges receipt of the same and agrees that his claim in respect of suit schedule property has been totally satisfied and that he will not claim any right, title or possession over the suit schedule property under sale deed dated 08.08.1984.
5. The terms of the compromise are lawful and it is accepted. In view of the compromise entered into between the parties, the appeal does not survive. The judgment of the trial Court binds the appellant. Draw decree in terms of compromise petition.
Sd/- JUDGE VR