IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE H.P.SANDESH RFA No.1200 OF 2012 BETWEEN:
Sri. P.Vincent, S/o. Late P.Henry, Aged about 57 years, R/at 2nd Floor, 2nd Main, Chamarajpet, Bengaluru.
(By Ms. N.Sharada, Advocate) AND:
1. Smt. J.Rajeshwari, W/o. Sri. A.M.Jagadeesan, Since deceased by LR R1(a) Sri. J.Karthik S/o. Late Smt. Rajeshwari and Late A.M.Jagadish, Aged about 33 years, R/at No.537, 4th Cross, 8th Main, RPC Layout, Bengaluru-560040.
[R1 (a) amended vide Court Order dated 28.8.2019] 2. Sri Munikrishna also known and identified as Munikrishnappa s/o Late Sri Patel Munibyrappa ...Appellant 3. Sri Nissar Ahamed, Also known, called and identified as Zafrulla Shariff (R3 and R4 deleted vide Court Order dated 26.11.2019) (By Smt. K.N.Gowramma, Advocate, for R1(a)) …Respondents This Regular First Appeal is filed under Section 96 of CPC against the judgment and decree dated 30.05.2012 passed in O.S.No.3663/2001 on the file of the VIII Additional City Civil & Sessions Judge, Bengaluru, decreeing the suit for declaration and mandatory injunction.
This Regular First Appeal coming on for orders this day, the Court delivered the following:
JUDGMENT Both the appellant and the respondent have filed a compromise petition under Order XXIII Rule 3 of CPC. Both the parties and respective counsel are also present. The terms of the compromise is also explained to the parties and they admit the same. In view of the compromise petition, appeal has to be allowed by setting aside the judgment of the trial Court. In terms of the compromise petition, appeal is allowed. Office is directed to draw the decree in terms of the compromise petition.
Sd/- JUDGE ckl