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2017 DIGILAW 237 (KAR)

H. Chikkaputtaiah v. J. Rajan

2017-02-02

K.S.MUDAGAL

body2017
JUDGMENT : 1. Sri Anil Kumar, learned counsel files power for proposed respondents 1 (a-b and c) and concedes for allowing I.A. Nos. 3 to 5/16. 2. I.A. Nos. 3 to 5/16 are allowed. Appeal memo to be amended accordingly. 3. Heard on the memo. 4. On perusing the records, the appellants seek dismissal of this appeal in terms of Clause 7 at page 11 of the compromise decree dated 10.11.2016 in RFA No. 1156/09. The other side has no objection for the same. 5. This appeal is the appeal of the 7th defendant arising out of the judgment and decree dated 25.08.2009 in O.S. No. 613/04 passed by the I Addl. City Civil and Sessions Judge, Bangalore. The plaintiff also challenged the said judgment and decree in RFA No. 1156/09 before this Court and the present appellant was the 7th respondent in the said RFA. 6. Pending these two appeals, the parties compromised the matter in RFA No. 1156/09. This Court vide order dated 10.11.2016 recording the compromise allowed the appeal in terms of the compromise petition. The said order is placed on record of this appeal. 7. As per the said order, item no. 2 property is allotted to the share of the present appellant. At page 11 clause 7 of the order dated 10.11.2016 in RFA No. 1156/09, the order is to the following effect: “The parties have no objection to the seventh respondent reporting the compromise to this Hon’ble Court in RFA No. 22/2010 and seeking disposal thereof in accordance with the compromise in so far as it relates to item 2 of the schedule properties.” 8. The compromise with regard to plaint schedule property at item no. The compromise with regard to plaint schedule property at item no. 2 is found at page 89, clause 6 of the order which reads as follows: “As a consequence of sub-clauses (1) and (2), all the rights, including those to claim compensation for acquisition, in respect of item 2 of the plaint schedule properties in OS No. 613/2004 in the Court of the I Additional City Civil Judge, Bangalore, which is described as item 2 of the schedule hereto and hereinafter referred to as item 2 of the schedule properties, shall belong absolutely to the seventh respondent, and the appellant and his legal representatives as well as the legatees under the will dated November 17, 1999 and the first to the sixth respondents shall not have any right, title or interest in, and shall not interfere with the possession of the seventh respondent in respect of, item 2 of the schedule properties” 9. Having regard to the said order, this appeal has to be disposed of in terms of the order in RFA No. 1156/09 as extracted supra. 10. Appeal is allowed accordingly in terms of Clause 6 at page nos. 89 and clause 7 at page 11 of the Judgment dated 10.11.2016 in RFA No. 1156/09. Draw decree accordingly.