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Smt N Amruthavalli vs M Rajagopal on 9 October, 2023

29. Since the above evidence on record is accepted, then the mere settlement deed marked at Ex.D.6=Ex.P.15 creates doubt in the mind of the Court as to its genuineness. Further, the defendants had filed O.S.No.11285/1997 claiming decree of partition in the suit house on the strength of Ex.D.4 to D.6 = Exs.P.13 to P.15 against the legal representation of original plaintiff - M. Rajagopal. Said suit was contested by the legal representatives of Rajagopal and issues were also framed in the said suit. However, said suit came to be dismissed following the dictum in the case of 27 Sagar Enterprises v. Registrar, City Civil Court, Bengaluru, reported in ILR 2004 KAR 4376. The defendants who are the plaintiffs in the said suit however, did not challenge the same and accepted the dismissal. It is also pertinent to note that in the said suit, the defendants have not pleaded about Ex.P.19 (a) which is the copy of plaint in O.S.No.11286/1997 challenging the validity of the original Will marked at Ex.P.1.
Karnataka High Court Cites 15 - Cited by 0 - V Srishananda - Full Document

S T Hemegowda vs Sarojamma on 8 April, 2026

2. Sri.Shrihari K., learned counsel appearing for the petitioner-plaintiff No.1 submits that the plaintiffs' suit for specific performance of the agreement of sale ended in compromise. The parties have filed an application under Order XXIII Rule 3 of CPC was filed before the trial Court -4- NC: 2026:KHC:19416 WP No. 21953 of 2021 HC-KAR and thereafter the plaintiffs sought to refund the eligible Court fee. The trial Court, under the impugned order, erroneously rejected the prayer holding that the dispute is not settled under ADR methods and moreover, the evidence is also recorded in the case. It is further submitted that the trial Court has missed the effect of Section 66(2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short, 'the Act'). And in support of his contention, he placed reliance on the decision of this Court in the case of Sagar Enterprises vs. The Registrar, City Civil Court, Bangalore1. Hence, he seeks to allow the petition.
Karnataka High Court Cites 9 - Cited by 0 - Full Document
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