Karnataka High Court
RFA/296/2019 of SRI M S GURUMALLAIAH Vs SMT KOMALA KODANDARAMU on 17 September 2026
CNR: KAHC010040082019 NC: 2026:KHC:50867 RFA No. 296 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 296 OF 2019 (SP) BETWEEN: SRI. M.S GURUMALLAIAH S/O M.S SIDDALINGAIAH AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 296 OF 2019 (SP)
BETWEEN:
SRI. M.S GURUMALLAIAH
S/O M.S SIDDALINGAIAH
AGED 70 YEARS,
NO.305, 2ND FLOOR,
18TH CROSS, 23RD MAIN,
ARJUN ANTHARA APARTMENT,
J.P NAGAR, 5TH PHASE
BENGALURU-560 078
…APPELLANT
(BY SRI. RAMESH P KULKARNI, ADVOCATE)
AND:
1.
SMT KOMALA KODANDARAMU
W/O KODANDARAMU
AGED ABOUT 65 YEARS,
2.
SRI KODANDARAMU
AGED ABOUT 60 YEARS
BOTH ARE R/AT
GURUKRUPA POULTRY AND FEEDS
KERE MEGALA DODDI
TATTEKERE VILLAGE,
KASABA HOBLI,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT-562 160
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
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ALSO AT :
NO.3/19, 1ST CROSS, 1ST MAIN,
BEHIND GANESHA TEMPLE
ITTAMADU
BANASHANKARI 3RD STAGE,
BENGALURU-560 085
…RESPONDENTS
(BY SRI. R VENKATESH AND
SRI. CHETAN KUMAR, ADVOCATE FOR
R1 & R2(NOC NOT OBTAINED)
SRI. G. MANIVANAN, ADVOCATE FOR R1 & R2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.01.2019
PASSED IN O.S.NO.6022/2005 ON THE FILE OF THE XVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND
PERMANENT INJUNCTION.
THIS
APPEAL,
COMING
ON
FOR
'REPORTING
SETTLEMENT',
THIS
DAY,
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JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
Learned counsel for the respective parties filed a petition under Order XXIII Rule 3 of CPC.
2. It is stated in the petition that the parties have amicably settled the dispute between each other and pursuant
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to the said settlement, the respondents have agreed to pay a sum of Rs.8,00,000/- to the appellant towards full and final settlement of all the claims and disputes arising out of the subject matter.
3. Accordingly, the respondents have paid a sum of Rs.8,00,000/- to the appellant by way of Demand Draft bearing No.239908 dated 09.09.2026, drawn on Federal Bank, Channapattana Branch. The appellant acknowledges the receipt of the aforesaid Demand Draft.
4. It is also stated that the parties have voluntarily entered into settlement out of their own free will and consent, without any force, coercion, undue influence or misrepresentation and the terms of settlement are acceptable to both the parties.
5. Further, in paragraph No.4 of the petition, it is stated that both the parties have no further claims, demands, rights or causes of action whatsoever against each other.
6. In view of the petition filed under Order XXII Rule 3 of CPC, the appeal is disposed of.
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7. The Court fee shall be refunded to the appellant in accordance with law.
SD/- (RAJESH RAI K) JUDGE
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