IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY REGULAR FIRST APPEAL NO.1062 OF 2010 BETWEEN: SRI.RAVI KUMAR S/O LATE KENCHAPPA AGED ABOUT 34 YEARS R/AT HEBBAL VILLAGE KASABA HOBLI BANGALORE NORTH TALUK BANGALORE CITY.
... APPELLANT (BY SRI.ABHAY ANAND, ADVOCATE (NOC)) AND:
1. M/S UNITED ASSOCIATES NO.421, 18TH MAIN IV "T" BLOCK, JAYANAGAR BANGALORE-560041 REP. BY ITS DIRECTOR BANGALORE CITY.
2. M/S.JAYBEE SPARES PVT. LTD NO.178, 38TH CROSS 5TH BLOCK, JAYANAGAR BANGALORE-560 041 3. SRI. PRAKASH S/O KISHAN SRIVATSAVA AGED ABOUT 40 YEARS R/AT NO.6, GIRLS SCHOOL STREET SESHADRIPURAM, BANGALORE, BANGALORE CITY 4. SMT. KAMALA SRIVATSAVA W/O SRI. KISHAN SRIVATSAVA AGED ABOUT 58 YEARS R/AT NO.6, GIRLS SCHOOL STREET SESHADRIPURAM, BANGALORE BANGALORE CITY.
5. SRI.KEMPAIAH S/O MUNISWAMY @ MUNIGA R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 BANGALORE CITY.
6. SRI. CHIKKAIAH S/O LATE MUNIGA R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 BANGALORE CITY.
7. SRI. DODDAIAH S/O LATE MUNIGA R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 BANGALORE CITY.
8. SRI. NARAYANA S/O LATE MUNIGA R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 BANGALORE CITY.
* Since dead represented by LRs R9 to R11 R12 to R14 R15 to R17 may be Treated as Lrs of R5, R6 and R7 to R8 respectively as per order Dated 2/7/2014 * Corrected vide chamber order dated 09.08.2017 9. SMT.HANUMAKKA W/O LATE KEMPAIAH AGED ABOUT 65 YEARS, R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 10. KUMARI TRIVENI D/O LATE KEMPAIAH, AGED ABOUT 42 YEARS, R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 11. SRI.MUNIRAJ S/O LATE KEMPAIAH, AGED ABOUT 40 YEARS, R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 12. SRI.C.RAMAKRISHNA S/O LATE CHIKKAIAH, AGED ABOUT 56 YEARS, R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 13. SRI.C.RAJA, S/O CHIKKAIAH, AGED ABOUT 54 YEARS R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 14. SRI.KRISHNAPPA, S/O CHIKKAIAH, AGED ABOUT 50 YEARS R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 15. SRI.D.RAMAKRISHNA S/O DODDIAH, AGED ABOUT 55 YEARS R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 16. SRI.RAJANNA S/O DODDIAH, AGED ABOUT 52 YEARS R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 17. SRI.RAMESH @ MAHESH S/O LATE NARAYANA AGED ABOUT 24 YEARS R/AT 3RD MAIN ROAD SHIVASHANKAR BLOCK HEBBAL, BANGALORE-560084 18. SMT.BYRAMMA D/O LATE KEMPAIAH, AGED ABOUT 63 YEARS R/AT NO.A/2, NEAR HANUMAN TEMPLE, KEMPAPURA, HEBBAL, BANGALORE – 560 024 19. SMT.BYRAMMA @ CHIKKABYRAMMA D/O LATE KEMPAIAH, AGED ABOUT 60 YEARS, R/AT NO.A/2, NEAR HANUMAN TEMPLE, KEMPAPURA, HEBBAL, BANGALORE – 560 024 20. SRI.THIMMARAJU S/O MUNIRAJU, AGED ABOUT 23 YEARS R/AT NO.A/2, NEAR HANUMAN TEMPLE, KEMPAPURA, HEBBAL, BANGALORE – 560 024 21. SMT.PUSHPAVATHI W/O LATE MUNIHANUMAPPA, AGED ABOUT 38 YEARS, R/AT NO.15, HEBBAL RAJARAJESHWARINAGAR BLOCK, HEBBAL POST, BANGALORE – 560 024 22. KUM.KAVANA P.R.
D/O LATE MUNIHANUMAPPA, AGED ABOUT 17 YEARS, R/AT NO.15, HEBBAL RAJARAJESHWARINAGAR BLOCK, HEBBAL POST, BANGALORE – 560 024 SINCE MINOR DULY REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.PUSHPAVATHI.
23. KUM.ARPITHA.P.R.
D/O LATE MUNIHANUMAPPA, AGED ABOUT 21 YEARS, R/AT NO.15, HEBBAL RAJARAJESHWARINAGAR BLOCK, HEBBAL POST, BANGALOE – 560 024 24. SRI.SANJAY SRIVASTAVA S/O KISHAN SRIVASTAVA AGED ABOUT 51 YEARS R/AT NO.6, GIRLS SCHOOL STREET SESHADRIPURAM, BANGALORE BANGALORE CITY.
(AMENDED CAUSE TITLE VIDE COURT ORDER DTD:19.04.2017) ... RESPONDENTS (BY SRI.C.M.DESAI & SRI.ARVIND DESAI, ADV. FOR C/R3 & R4; SRI.K.R.SRINIVASAN, ADV FOR R9 TO R17;
SRI.SRINIVAS, ADV. FOR R18 TO R23;
SRI.C.M.DESAI & SRI.ARAVIND DESAI, ADV. FOR R24; NOTICE TO R1 & 2 HELD SUFFICIENT VIDE ORDER DATED 02.08.2011) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:8.6.2010 PASSED IN OS.NO.580/1998 ON THE FILE OF THE XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, (CCH 23), DISMISSING THE SUIT FOR CANCELLATION OF SALE DEED.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel appearing for the parties have filed compromise petition under Order XXIII Rules 2 and 3 of the Code of Civil Procedure. Parties are present before the Court and have been identified by their respective counsel. In terms of the compromise entered into between the parties, this appeal stands disposed of. Order of the Trial court is set aside. Registry to draw up decree in the light of the compromise petition. In view of the compromise between the parties the court fee deposited by the appellant before this court is to be refunded in accordance with law.
Sd/- JUDGE lnn