IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF FEBRUARY, 2018

BEFORE

THE HON' BLE MR. JUSTICE B. VEERAPPA

REGULAR FIRST APPEAL No.262/2018

BETWEEN:

S. B. HANUMANTHAPPA S/O S. BASAPPA, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS, RESIDENT OF JARIKATTE VILLAGE, TQ DISTRICT DAVANAGERE-577515.

... APPELLANT

(BY SRI M. R. HIREMATHAD, ADVOCATE)

AND:

• 1. MALLIKARJUNA, S/O NUNKAPPA AGED ABOUT 38 YEARS , OCC: LABOURER, RESIDENT OF KALKERE CAMP, TQ DISTRICT : DAVANGERE-577531.
• 2. GANGADHARAPPA B., S/O BALLUR RAMAPPA, MAJOR, RESIDENT OF JARIKATTE VILLAGE , TQ DISTRICT : DAVANAGERE-577515.

... RESPONDENTS

(BY SRI G.J. SUNKAPUR, ADVOCATE FOR R1; SRI T.S. CHAKRAVARTHY, ADVOCATE FOR R2)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC,1908 AGAINST THE ORDER DATED 27.12.2017 PASSED ON IA NO.4 IN EX.NO.185/2016 ON THE FILE OF THE I

…..

ADDITIONAL SENIOR CIVIL JUDGE, DAVANGERE, REJECTING THE IA NO.IV FILED UNDER ORDER 21 RULE 58 R/W SECTION 151 OF CPC.,

THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The appellant has filed the present regular first appeal against the order dated 27th December, 2017 on I.A.IV made in Ex.P.185/2016 rejecting the application filed under Order 21 Rule 58 r/w Section 151 of the Code of Civil Procedure.

2. Sri G.K. Sunkapur, learned Counsel appears for respondent No.1 and Sri T.S. Chakravarthy, learned Counsel has filed power for respondent No.2.

3. Parties to the lis have filed a joint memo/compromise petition duly signed by both appellant and the respondents and their respective Counsel. The same is taken on record.

4. The learned Counsel for the parties duly recognized the appellant and the respondents, who are present before the Court.

5. The above said compromise petition reads as hereunder:

" Joint Memo

The Appellant, the Respondent No.1 and Respondent No.2 have filed this joint memo with the following terms/compromise petition under Order 23 Rules 1 and 2 of the Code of Civil Procedure:

1. The appellant has filed the appeal present for the setting aside of the order dated 27.12.2017 passed on I.A. No.:IV in Ex. Petition No:185/2016 on the file of 1st Additional senior Civil Judge, Davanagere by allowing application filed by the appellant in I.A. No: IV consequently directing the withdrawl of attachment in respect of the house property which is subjected to attachment by an order dated 13.06.2017, in recovery of award amount in case No.:ECA 106/2015 filed by the 1st Respondent against the 2nd Respondent.

2. The 2nd Respondent /J.Dr. has paid entire decreetal amount to the 1st Respondent/Decree holder as full and final settlement in satisfaction of the award/Decree passed in case No: ECA:106/2015 and the 1st Respondent has no further claim either against the appellant or against the 2nd Respondent.

Wherefore, this Hon'ble court may be pleased to set aside the order dated 27- 12-2017 passed on I.A. No:IV in Ex. Petition No:185/2016 on the file of 1st Additional senior Civil Judge, Davanagere consequently declare that the appellant is the absolute owner in possession and enjoyment of the house property bearing No.2041/315, situated at chaikkammanni Devaraj Urs Extension, Ward No.5, 8th Division, Davanagere, which is the subject matter of the above said I.A. No:IV and pass other order or direction under the facts and circumstances of the case in the interest of justice and equity.

Place: Bangalore Sd/-

Date:21/02/2018 Advocate for Appellant

Sd/- Sd/- Respondent No.1 Advocate for R1 Sd/- Sd/- Respondent No.2 Advocate for R2"

6. The compromise petition clearly depicts that the 2nd respondent-judgment debtor has paid the entire decreetal amount to the 1st respondentdecree holder as full and final settlement in satisfaction of the award/decree passed in ECA.No.106/2015 and the 1st respondent has no further claim either against the appellant or against the 2nd respondent. The parties further submits that the order passed by the trial Court on 27.12.2017 on I.A.IV in Ex.P.No.185/2016 may be set aside and consequently declare that the appellant B. Hanumanthappa is the owner in possession and enjoyment of the house property bearing No.2041/315 situated at Chaikkammanni Devaraj Urs Extension, Ward No.5, 8th Division, Davangere which is the subject matter of the appeal.

7. Accordingly, in terms of the joint memo/compromise petition, this appeal is disposed of.

Sd/- Judge

Nsu/-

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