IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO.1509 OF 2016 BETWEEN:
1. SHIVALINGAIAH AGED ABOUT 64 YEARS SON OF LATE MANCHAIAH @ KULLAIAH 2. NINGAIAH AGED ABOUT 59 YEARS SON OF LATE MANCHAIAH @ KULLAIAH 3. SHIVANNA AGED ABOUT 51 YEARS SON OF LATE MANCHAIAH @ KULLAIAH ALL ARE RESIDING AT PALABOVI DODDI VILLAGE HALLIMALA DAKALE KASABA HOBLI RAMANAGARA TALUK AND DISTRICT-562108.
(BY SRI. H. C. SHIVARAMU, ADVOCATE) ... APPELLANTS AND:
V. RAMESH AGED ABOUT 42 YEARS SON OF LATE VENKATAGIRIYAPPA RESIDING AT SUBBAYYANATHOTA AGRAHARA 1ST CROSS RAMANAGARA TOWN RAMANAGARA DISTRICT-562108.
(BY SMT. PRATHIMA M, ADVOCATE) ... RESPONDENT THIS APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND DECREE DATED:01.02.2016 PASSED IN OS.NO.192 OF 2014 ON THE FILE OF THE ADDTITIONAL SENIOR CIVIL JUDGE, RAMANAGARA. DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
JUDGMENT A compromise petition is filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure. The same is signed by the appellants, respondent and their respective counsels. The parties are present in Court and are identified by their respective counsels. Various terms have been agreed between the parties.
2. In the interest of both the parties, the compromise petition is accepted. The impugned judgment and decree dated 01.02.2016 passed by the Additional Senior Civil Judge, Ramanagara, in O.S.No.192 of 2014 is set aside.
3. The appeal is allowed in terms of the compromise petition. 70% of the court fee to be returned to appellant No.1.
SD/- SD/-
JUDGE JUDGE SA