IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR SECOND APPEAL No. 324/2015 BETWEEN SRI SANNAPPA SHETTY S/O. LATE VENKATARAMANASHETTY SINCE DEAD BY HIS LRS 1) SRI BASAVARAJU S/O. LATE SANNAPPA SHETTY AGED ABOUT 31 YEARS 2) SRI PERUMAL S/O. LATE SANNAPPA SHETTY AGED ABOUT 30 YEARS BOTH ARE R/AT KANCHALLI VILLAGE KOLLEGALA TALUK-571440 CHAMARAJANAGAR DISTRICT 3) SMT. SHOBHARANI D/O. LATE SANNAPPA SHETTY AGED ABOUT 28 YEARS R/AT: KANCHALLI VILLAGE KOLLEGALA TALUK-571440 CHAMARAJANAGARA DISTRICT.
(Respondent No.3 is transposed as Appellant No.3 vide order dated 24.10.2017) …APPELLANTS (BY SRI. D.R.RAJASHEKHARAPPA, ADVOCATE) AND 1. SRI. VENKATASHETTY S/O. LATE RANGASHETTY AGED ABOUT 61 YEARS 2. SRI. NARAYANASHETTY S/O. LATE RANGASHETTY AGED ABOUT 56 YEARS BOTH ARE R/AT THOTADAMANE KANCHALI VILLAGE KOLLEGALA TALUK-571440 CHAMARAJANAGAR DISTRICT …RESPONDENTS (BY SRI. D.S.HOSMATH, ADVOCATE, FOR R2; R1-SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 24.11.2014 PASSED IN R.A.NO.14/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.09.2012 PASSED IN OS.NO.82/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., KOLLEGALA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDERS ON COMPROMISE PETITION Parties to the appeal have presented a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. The contents of this compromise petition are read over and explained to the parties in Kannada language. All of them submit in Kannada that they are aware of the contents of this compromise and that they have voluntarily put their signatures on this compromise petition without any kind of force or influence by anybody else. The compromise petition has been signed by the advocate for the appellants and the respondents.
2. On going through the compromise, I find that the settlement arrived at is lawful and could be accepted. Therefore, the compromise petition is accepted. Since the properties allotted to the parties are described with boundaries, they become the owners of the property allotted to them respectively. Decree shall be drawn in accordance with the compromise petition. Appeal is disposed of accordingly.
Sd/- JUDGE ckl