IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL R.S.A. NO.122/2015 BETWEEN:
Sri. Shankare Gowda, Aged 56 years, S/o late Makegowda, R/at Hosur Kallahalli Village, Kasaba Hobli, K.R.Nagar Taluk, Mysore District-571602. ... Appellant (By Sri. Mallappa S Nachavar, Adv. for Sri.B.S.Nagaraj Adv. for Appellant) AND 1. Sri. Shivegowda, S/o. late Makegowda, Aged 55 years R/at Hosur Kallahalli Village, Kasaba Hobli, K.R.Nagar Taluk, Mysore District-571602.
2. Smt. Padmamma, Aged about 52 years, W/o Kalegowda, R/at Kuppe Village, Bilikere Hobli, Hunsur Taluk, Mysore District-571105.
3. Smt. Chandrakala, Aged about 28 years, W/o Ravi, R/at Mudalakoppal Village, Kasaba Hobli, K.R.Nagar Taluk, Mysore District-571602.
4. Sri. Madegowda, Aged about 50 years, S/o late Makegowda, Ramanatha Thunga Village, Bettadapura Hobli, Periyapatna Taluk, Mysore District-571107.
5. Sri. Somegowda, Aged about 48 years, S/o late Makegowda, R/at Hosur Kallahalli Village, Kasaba Hobli, K.R.Nagar Taluk, Mysore District, PIN-571602. ... Respondents (By Sri. N.Kumar Adv. for R1, R2, R4 and R5; By Sri.H.Gopalappa Adv. for R3) This Regular Second Appeal is filed under Section 100 of CPC, to set aside the judgment and decree dated 27.09.2014 passed in R.A.No.41/2012 on the file of the Senior Civil Judge & JMFC, K.R.Nagar and the judgment and decree dated 02.11.2012 passed in O.S.No.167/2009 on the file of Civil Judge & JMFC., K.R.Nagar.
This appeal coming on for admission this day, the Court delivered the following:
J U D G M E N T Learned counsel, Sri.N.Kumar files power for respondent Nos.2, 4 and 5.
2. The parties are present and they are duly identified by their respective counsel.
3. The parties have filed compromise petition under Order 23 Rule 3 of Code of Civil Procedure. They admit due execution of compromise petition. Respondent No.2 admits receipt of Rs.10,000/-.
4. Heard the learned counsel for both the parties on compromise petition. Satisfied that compromise is admissible under law. Therefore, compromise recorded. The appeal is allowed.
5. The judgment and decree dated 02.11.2012 in O.S.167/2009 passed by the Civil Judge and JMFC., Krishnarajnagar and confirmed by the Senior Civil Judge and JMFC, K.R.Nagar in R.A.No.41/2012 are set aside.
The suit is decreed in terms of compromise petition.
Draw decree accordingly.
Sd/- JUDGE JS/-