I IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 12TH DAY OF OCTOBER 2009 BEFORE THE HONBLE MRJUSTICE HBILLAPPA ._ E RFA.No.914[2008 V' V' BETWEEN: 1. (}.A.Krishna, S / 0.Late Appajappa, Aged 70 years. 2. Ashok Kumar.A.K. S / 0.G.A.Krishna, Aged 34 years. 3. Anand.A.K. 5/ " Aged 267..vyea.rs.V ' AH are Res. Kemparma Street, - ' Doddamavalli, A ' ,E<a<1€a10"f'e -,4. A """" ..APPELLANTS (I33; Sukumar, Adv. ,) G -Ra_mu'," A ~ --« I jVV0-...L4ate Apps} appa, .1 85--years, No.83; Kempanna Street, A' - Ddddag Mavalli, ' ISan,gaIore «-~ 4. ..RESPONDENT
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{By Sri.S.VasudeVa, AclV.,)
This R.F.A. is filed under section 96 of CPC again-st~..the
Judgment and Decree dated 03.04.2008 passed’-. “in
O.S.No.3801/2003 on the file of the V Addl. City–CiVii’–‘Jt1d*ge;
CCH–13, Bangalore decreeing the suit for’~._permanentA
injunction.
This RFA. coming for admission ;i:’his gay; ::’the:”iCAoi:rt
delivered the following-
J U D G ME ;’_1§__
The learned counsel ‘the first appellant
and the respondent are present’~before They have
filed a joint men1o3–.whie’h reads. as nnd,er:–:WV’
The in the above matter
submit as fol};ows:– ‘
1. :wT’r_1e ‘h’as.’V’bezen filed by the respondent in
oV._s;No,g3aoiiz}2oo:3 on ltiiefiie of the V.Addl. City Civil Judge,
Bangalorevis-Tédeereeing the suit granting decree of permanent
ftddlllinjiinction against the appellants herein from restraining the
herein from interfering in any manner with the
V”4.yltpltaintitf/’respondent herein providing separate Water supply
at . V _ mater in the schedule property.
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The above matter Caime up for hearing before the___eouI’t.
The appellants and respondent have agreed mutually
up the litigation in the best interest of family
the appellants and the respondent”’ ‘haVe7_; theft
following terms:-
1. The respondent is pipe line
with a water to the schedule
propertyat And also new
fresh’ supply line to the
V ~ first , l
2. the Water meter i.e.,
shall be fixed at a convenient
if in.e.’,’ :o._utside the premises of the respondent
3 ‘ensuring safety and security of the meter.
A supply shall continue as it was.
3. ~~p’ll’pi:*eVxwater meter and the fresh pipe line that is
proposed to be laid to the schedule premises will
be with a due formalities under water supply Act.
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The appellant also consents for the same and
signed necessary documents.
4. The appellants and respondent agree thpatp they
would not interfere or obstruct the
Water pipe line that would be
appellants and respondent’ ‘ ‘ priemises
schedule property.
5. The appellants in to have
separate water_<_.'p.ipe.'V line" water meter for
their possessionlwhichitp is':inf-possession and
vioccupatiolnfg; "t.h'e.'respor1dent has no objection for
the ._sam_.e.'f' V.
If any i:>r’e-acl1.ojf ti1e”~~condition both the parties shall
;\}jé;i?g zgiglmtpt to ‘approach appropriate court/Forum for
necessary. relief ” ‘_.
l11L{riew.oIll§–t}1le said terms agreed between the appellants
respoiztdent herein, both parties pray that this I~lon’ble
Conlrtrbetl.-‘please to dispose off the R.F.A. in accordance with
_ _p _V Y -thfietea
2. The first appellant and the respondent, who are
before the Court, admit the terms of the joint
learned counsel for the parties submit, the
disposed off in terms of the joint memo. i
3. Accordingly, the appeal iséidisposedp itevrmsi
the joint memo filed by the partie’s:..:_VThe judgment decree
passed by the Erna (mist mi risimissoi/2053 5¢ands
modified in terms of the i ‘
Draw up ,V ” *
does not survive for
consideration. “AccordV.icnAgiy;”it is dismissed.
Sd/-S;
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