IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT REGULAR FIRST APPEAL NO.464 OF 2018 (SP) BETWEEN:
1. MRS. USHA VIJAY KUMAR WIFE OF MR. VIJAY KUMAR AGED ABOUT 62 YEARS.
2. MRS. K. VIJAYALAKSHMI WIFE OF LATE N. ANANTHA KRISHNA AGED ABOUT 66 YEARS.
3. MR. SANTHOSH KARANTH SON OF LATE N. ANANTHA KRISHNA AGED ABOUT 41 YEARS.
ALL ARE RESIDING AT NO.20 4TH CROSS, WILSON GARDEN BENGALURU-560 027.
(BY SRI:G.V.SUDHAKAR, ADVOCATE) ... APPELLANTS AND:
1. SRI S.S.A. KHADER SON OF SRI S. P. SULTAN MOHAMAD AGED ABOUT 74 YEARS RESIDING AT FLAT NO.C1-C4 "CHARTED ALCOVE APARTMENT" NO.8, ALBERT STREET RICHMOND TOWN BENGALURU-560 025.
2. DR. N.ARAVIND SON OF LATE P.C.SANKARAN NAIR AGED ABOUT 73 YEARS RESIDING AT LANE NO.2 P-13, SECTOR-9 CBD BELAPUR NAVI MUMBAI-400 614.
3. MRS. INDIRA SUKUMAR WIFE OF MR. P.P.SUKUMAR AGED ABOUT 65 YEARS RESIDING AT A-501, 5TH FLOOR THE ARK CO-OPERATIVE SOCIETY LIMITED OFF:J.N.ROAD, VAKOLA PIPE LINE VAKOLA SANTA CRUZ (EAST) MUMBAI-400 055.
4. MR. SANJAY NAIR SON OF LATE MR.N.ANANTHA KRISHNA AGED ABOUT 43 YEARS.
5. MRS. SIMMI KARNATH WIFE OF LATE MR. VINOD SRINATH DAUGHTER OF LATE MR.N.ANANTHA KRISHNA AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.20 4TH CROSS, WILSON GARDEN BENGALURU-560 027.
(BY SRI:P.USMAN, ADVOCATE FOR R-1;
... RESPONDENTS SRI:R.B.SANGAMESH, ADVOCATE FOR R-2 AND R-3; R-4 AND R-5 DELETED VIDE ORDER DATED 07.03.2019) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 16.02.2018 PASSED IN OS.NO.6085 OF 2013 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT A memorandum of compromise petition is filed under Order 23 Rule 3 read with Section 151 of CPC on 06.03.2019. It is signed by all the appellants and respondent Nos.1 to 3 as well as their respective Counsels. The parties are present in the Court and they are identified by their respective Counsel. Various terms and conditions have been agreed upon.
2. On considering the same, we are of the view that the same is in the interest of all the parties and it is a lawful compromise. Hence, the same is accepted. The judgment and decree of the trial Court dated 16.02.2018 passed in O.S.No.6085 of 2013 on the file of the learned XX Additional City Civil and Sessions Judge, Bengaluru, is set aside.
The appeal is allowed in terms of the compromise petition. 75% of the Court fee is directed to be released in favour of the first appellant on behalf of appellant Nos.2 and 3.
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JUDGE JUDGE *bgn/-