IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1274/2004 BETWEEN:
THE SECRETARY VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA KONANDUR, THIRTHAHALLI TALUK, SHIMOGA DISTRICT.
NOW RENAMED AS VYAVASAYA SEVA SAHAKARA BANK NIYAMITHA, KONANDUR THIRTHAHALLI TALUK SHIMOGA DISTRICT REPTD.BY THE MANAGER. ...APPELLANT (BY SRI C SHASHIKANTHA, ADVOCATE) AND:
1 . K L SHANKARAPPA 2 . K L VEERAPPA GOWDA 3 . K L GANGAPPA GOWDA 4 . K L DAKAPPA 5 . K L DHARMANNA 6 . K L KRISHNA MURTHY 7 . SMT.LOKAMMA ALL THE RESPONDENTS ARE MAJOR, RESPONDENT No.1 TO 6 ARE SONS OF LATE K LOKANNA GOWDA AND THE RESPONDENT No.7 IS THE WIFE OF LATE K LOKANNA GOWDA ALL ARE AGRICULTURISTS & RESIDENT OF KALLAGADDE VILLAGE POST: KONANDUR, THIRTHAHALLI TALUK SHIMOGA DISTRICT - 577 422.
…RESPONDENTS (BY SRI N K RAMESH, ADVOCATE FOR R-2 TO 7 R-1 SERVED, UNREPRESENTED) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.07.2004 PASSED IN O.S.No.193/1995 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) & CJM, SHIMOGA, DISMISSING THE SUIT FOR DECLARATION, PARTITION & CONSEQUENTIAL INJUNCTION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant absent. No representation. Appeal is dismissed for non prosecution.
2. Learned counsel for appellant subsequently appears and submits that the matter has been settled and the same has to be reported before the Court. However, as he was engaged in other court, he could not place appearance when the case was called.
3. Learned counsel for the appellant and learned counsel for respondents 2 to 7 present.
4. Learned counsel for both the parties submit that the parties have compromised the matter and they have filed a compromise petition duly signed by the parties and attested by their respective counsel. All the parties to the lis are present. Learned counsel for the parties identified their respective parties.
5. The terms of compromise appears to be lawful and accepted.
6. The appeal is disposed of in terms of the compromise petition.
However, the appellant is directed to file separate valuation slip regarding court fee and he is entitled for refund of the same in accordance with law.
Sd/- JUDGE tsn*