Karnataka High Court
Madhu S/O Nagaraja vs Smt Kamalamma on 17 July, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
REGULAR SECOND APPEAL NO.596 OF 2007
CONNECTED WITH
REGULAR SECOND APPEAL CROSS OBJECTION
NO.25 OF 2008
IN R.S.A. NO.596/2007:
BETWEEN:
1. MADHU
S/O. NAGARAJA
AGED ABOUT 22 YEARS.
2. MEGHA
D/O. NAGARAJA
AGED ABOUT 19 YEARS.
3. SMT. KOMALA BAI
W/O. LATE NAGARAJA
OCC: AGRICULTURIST
AGED ABOUT 44 YEARS.
APPELLANTS NO.1 TO 3 ARE
R/AT THEVARACHATNAHALLI
KASABA HOBLI
SHIMOGA TALUK - 577201.
... APPELLANTS
(BY SRI S. V. PRAKASH, ADV.)
AND:
SMT. KAMALAMMA
W/O. LATE DHARMANNA
AGED ABOUT 77 YEARS
OCC: HOUSEHOLD WORK
2
C/O. HANUMATHA RAO
BUS AGENT, II CROSS
SOMAIAH LAYOUT
SHIMOGA - 577201.
2. SMT. MANJULA BAI
W/O. KANTHA RAO
TEACHER
GOVERNMENT HIGH SCHOOL
TITHAHALLI
SHIMOGA DISTRICT - 577201.
3. SMT. SAVITRI BAI
W/O. RAGHU RAM
TEACHER
GOVERNMENT HIGH SCHOOL
TITHAHALLI
SHIMOGA DISTRICT - 577201.
4. SMT. VASANTHA BAI
W/O. HANUMANTHA RAO
EMPLOYEE FAMILY PLANNING
ASSOCIATION OF INDIA
R/AT II CROSS, SOMAIAH LAYOUT
OPP. SHANKAR MUTT
SHIMOGA CITY - 577201.
5(a) VIKRAM
S/O. SRINIVASA RAO
AGED ABOUT 28 YEARS
R/AT UPPER HUTHA COLONY
BHADRAVATHI - 577301.
5(b) VINAY
S/O. SRINIVASA RAO
AGED ABOUT 25 YEARS
R/AT UPPER HUTHA COLONY
BHADRAVATHI - 577301.
6. BASAPPA REDDY
S/O. HANUMANTHA REDDY
AGED ABOUT 54 YEARS
R/AT RAGIGUDDA
MALLIKARJUNA NAGAR
SHIMOGA - 577201.
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7. K. R. SREENIVASA RAO
S/O. RATHNOJI RAO
AGED ABOUT 56 YEARS
R/AT LOWER HUTTA, B. H. ROAD
BHADRAVATHI - 577301.
... RESPONDENTS
(BY SRI V. P. KULKARNI, ADV. FOR R-1;
SRI R. G. HEGDE, ADV. FOR R-2, R-4 & R-5(b)
SRI B. S. JEEVAN KUMAR, ADV. FOR R-6
SRI R. GOPAL, ADV. FOR R-7 AND
V/C/O DATED 19-8-2010 SERVICES HELD SUFFICIENT
IN RESPECT OF R-3 AND R-5(a).)
THIS REGULAR SECOND APPEAL IS FILED U/S.100
OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED
8-11-2006 PASSED IN R.A.NO.8/2001 ON THE FILE OF THE
PRESIDING OFFICER, DISTRICT AND SESSIONS JUDGE,
FTC-II, SHIMOGA, PARTLY ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 1-3-2001
PASSED IN O.S.NO.76/1994 ON THE FILE OF THE ADDL.
CIVIL JUDGE (SR.DN), AND C.J.M, SHIMOGA.
IN R.S.A. CROSS OBJECTION NO.25/2008:
BETWEEN:
K. R. SREENIVASA RAO
S/O. RATHNOJI RAO
AGED ABOUT 56 YEARS
R/AT LOWER HUTTA, B. H. ROAD
BHADRAVATHI - 577301.
... CROSS OBJECTOR
(BY SRI R. GOPAL, ADV.)
AND:
1. MADHU
S/O. NAGARAJA
AGED ABOUT 22 YEARS.
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2. MEGHA
D/O. NAGARAJA
AGED ABOUT 19 YEARS.
3. SMT. KOMALA BAI
W/O. LATE NAGARAJA
AGED ABOUT 44 YEARS.
RESPONDENTS NO.1 TO 3 ARE
R/O. THEVARACHATNAHALLI
KASABA HOBLI
SHIMOGA TALUK & DISTRICT - 577201.
4. SMT. KAMALAMMA
W/O. LATE DHARMANNA
AGED ABOUT 77 YEARS
C/O. HANUMATHA RAO
BUS AGENT, II CROSS
SOMAIAH LAYOUT
SHIMOGA - 577201.
5. SMT. MANJULA BAI
W/O. KANTHA RAO
AGED MAJOR
TEACHER
GOVERNMENT HIGH SCHOOL
TITHAHALLI
SHIMOGA DISTRICT - 577443.
6. SMT. SAVITRI BAI
W/O. RAGHU RAM
AGED MAJOR
TEACHER
GOVERNMENT HIGH SCHOOL
TITHAHALLI
SHIMOGA DISTRICT - 577443.
7. SMT. VASANTHA BAI
W/O. HANUMANTHA RAO
AGED MAJOR
R/AT II CROSS, SOMAIAH LAYOUT
OPP. SHANKAR MUTT
SHIMOGA CITY - 577201.
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8. VIKRAM
S/O. SRINIVASA RAO
AGED ABOUT 28 YEARS
R/AT UPPER HUTHA COLONY
BHADRAVATHI - 577301.
9. VINAY
S/O. SRINIVASA RAO
AGED ABOUT 25 YEARS
R/AT UPPER HUTHA COLONY
BHADRAVATHI - 577301.
10. BASAPPA REDDY
S/O. HANUMANTHA REDDY
AGED MAJOR
R/O. RAGIGUDDA
MALLIKARJUNA NAGAR
SHIMOGA - 577201.
... RESPONDENTS
(BY SRI S. V. PRAKASH, ADV. FOR R-1 TO R-3;
SRI V. P. KULKARNI, ADV. FOR R-4;
SRI R. G. HEGDE, ADV. FOR R-5, R-7 & R-9 AND
SRI B. S. JEEVAN KUMAR, ADV. FOR R-10)
THIS CROSS-OBJECTION IN REGULAR SECOND APPEAL IS
FILED U/O 41 RULES 22 OF C.P.C. AGAINST THE JUDGMENT
AND DECREE DATED 8-11-2006 PASSED IN RA.NO. 8/2001 ON
THE FILE OF THE PRESIDING OFFICER, FAST TRACK-II,
SHIMOGA, PARTLY ALLOWING THE APPEAL FILED AGAINST THE
JUDGMENT AND DECREE DATED 1-3-2001 PASSED IN O.S.NO.
76/1994 ON THE FILE OF THE ADDL.CIVIL JUDGE (SR.DN.),
SHIMOGA AND THE CROSS-OBJECTOR HEREIN BEING
AGGRIEVED BY THE ABOVE JUDGMENTS AND DECREES IN SO
FAR AS IT RELATES TO ITEM NO.3 OF THE SUIT SCHEDULE
PROPERTY AND PRAYS TO SET ASIDE THE JUDGMENT AND
DECREE OF THE LOWER APPELLATE COURT AND TO RESTORE
THE JUDGMENT AND DECREE OF THE TRIAL COURT.
THIS APPEAL AND R.S.A CROSS-OBJECTION COMING ON
FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the appellants has filed a memo stating that appellants are giving up the claim as against respondent No.6 - Sri Basappa Reddy. In view of the said memo, it is placed on record and appeal as against respondent No.6 is dismissed.
2. Appellants No.1 to 3 are present. Learned counsel for the appellants is present. Respondents No.1, 2, Power of Attorney of respondent No.3 and respondents No.4, 5(a), 5(b) and 7 are also present and learned counsel for the respondents is present.
3. In the Cross-objection, respondent No.7 in R.S.A No.596/2007, is the appellant / cross-objector, he is also present. Learned counsel for the cross-objector so also the cross-objector both submitted that they are giving up the claim as against respondent No.10 - Sri Basappa Reddy. In the cross-objection, same was placed on record.
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4. Both the parties filed the joint memo. The contents of the joint memo are explained to the appellants as well as the respondents. Both the sides submitted that they have gone through the contents of the joint memo, understood the same and they are agreeable for the compromise effected through the joint memo. I am satisfied that the said compromise is voluntary. Joint memo is signed by all the appellants and the respondents and their respective counsel. The same is accepted and in view of the joint memo, the matter is disposed of.
Office to draw the decree in accordance with the joint memo. Two sketches enclosed along with the compromise petition to be treated as part and parcel of the compromise petition. The same is to be noted in the decree to be drawn.
Sd/-
JUDGE kvk