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Smt. Rachamma, Wife of Late Chikkaiah. Vs. M.P. Lakshmaiah, Son of Late Ramaiah. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKarnataka High Court
Decided On
Case NumberREGULAR SECOND APPEAL NO.217 OF 2008
Judge
ActsCode of Civil Procedure,(CPC) 1908 - Section 100, 89; Karnataka Civil Procedure (Mediation) Rules, 2005 - Rules 24, 25
AppellantSmt. Rachamma, Wife of Late Chikkaiah.
RespondentM.P. Lakshmaiah, Son of Late Ramaiah.
Advocates:Sri G. Balakrishna Shastry, Adv.
Excerpt:
.....between the parties in the bmc be accepted and the appeal may be dismissed. learned advocates appearing for the parties identify their respective clients, who admit their signatures as appearing on the memorandum of agreement dated 30.03.2012, drawn in the mediation centre, bangalore. draw decree accordingly......the subject matter of the suit and seek acceptance of the agreement reached, in the form of memorandum of agreement dated 30.03.2012. learned advocates appearing for the parties identify their respective clients, who admit their signatures as appearing on the memorandum of agreement dated 30.03.2012, drawn in the mediation centre, bangalore.6. sri g.b. nandish gowda, learned advocate appearing for the respondents delivered a pay order bearing no.827082 dated 05.04.2012 for zl,00,100/-, payable at canara bank, vijayanagar branch, bangalore - 560 040, to the appellant smt. rachamma. the cheque was handed over to smt. rachamma through her learned advocate sri g.b. shastry. the respondents have thus discharged the commitment of payment of 1,00,100/- as appearing in clause (6) of the.....
Judgment:

1. 1st defendant in O.S.No.1113/1994 on the file of I Addl. I Civil Judge (Jr. Dn.), Mysore, is the appellant. Respondents instituted the said suit against the appellant and another, to pass a judgment and decree of perpetual injunction restraining the defendants or anybody claiming through them from interfering with the peaceful enjoyment of the suit claim or dumping rubbish materials and from letting waste water to flow in the open space etc. The suit having been contested, after trial, was dismissed by the learned Trial Judge. Plaintiffs having filed first appeal i.e., R.A.No.46/1998 on the file of II Addl. Civil Judge & CJM, Mysore, the appeal was allowed. Judgment and decree passed by the Trial Court was set aside and the suit was decreed. Said Judgment and decree has been questioned by the 1st defendant.

2. This appeal was admitted on 03.02.2012 to consider the following substantial question of law:

"Whether the Judgment of the lower appellate Court is vitiated for non-consideration of the effect of partition deed at Ex.P3 and the sale deed at Ex.P5?"

3. Learned Advocates on both sides having submitted that there are elements of settlement and the matter may be referred to Bangalore Mediation Centre, to explore the possibility of settlement, the matter was referred to BMC. The parties having appeared before the BMC, they have arrived at an amicable settlement and have entered into an agreement under S.89 of CPC read with Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005. The BMC has forwarded the said agreement along with enclosures.

4. Learned Advocates appearing for the parties submitted that the agreement reached between the parties in the BMC be accepted and the appeal may be dismissed.

5. The appellant and the power of attorney holder of respondents are present before the Court. They admit that they have entered into an agreement and have amicably settled the subject matter of the suit and seek acceptance of the agreement reached, in the form of memorandum of agreement dated 30.03.2012. Learned Advocates appearing for the parties identify their respective clients, who admit their signatures as appearing on the memorandum of agreement dated 30.03.2012, drawn in the Mediation Centre, Bangalore.

6. Sri G.B. Nandish Gowda, learned Advocate appearing for the respondents delivered a Pay Order bearing No.827082 dated 05.04.2012 for Zl,00,100/-, payable at Canara Bank, Vijayanagar Branch, Bangalore - 560 040, to the appellant Smt. Rachamma. The cheque was handed over to Smt. Rachamma through her learned Advocate Sri G.B. Shastry. The respondents have thus discharged the commitment of payment of 1,00,100/- as appearing in Clause (6) of the memorandum of agreement dated 30.03.2012.

7. The compromise entered into by the parties is lawful and can be accepted. Hence, the memorandum of agreement dated 30.03.2012 drawn at the Mediation Centre, Bangalore is placed on record. The appeal stands dismissed in terms of the said agreement.

Draw decree accordingly.

Parties to bear their respective costs.


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