E
IN THE HEGH COURT OF KARNATAKA AT BANGALORE
Dated: This the 631 day of October 2010
BEFORE A jfw
THE HON'BLE MRJUSTICE RAVI MAI..:;MAifHfi ft
R.F.A.No.1116/2005 A A T A
BETWEEN :
SR1 M S NEELAKANTALAH,.='
S/0 LATE M N SUBBA RA0,=.,_ A
AGED ABOUT 71 YEARS, R/A'I?_No.5,
'GIRIJA NILAYA', 2ND AA' CR0-SS.
GELEYARA BALAGA, ..13AN0iAL,0RE.:aS;'«.E
"T - , APPELLANT
[By Sri A
1. SR: A N NAR,/3aSIIxf{_}¥1;\}AH.
S /*0 NARAYAT*§A= IYENGAR.
_ _ AGED ASQUT 75 YEARS, R/AT No.60,
ram CROSS, MALLESWARAM,
:EAI»I.GALom::"5S0 003.
' _ ''55:; A3"
. VS,/'O_A'.NV'NARASIMHALAH,
AGED ABOUT 35 YEARS, R/AT NO. 101,
1- 1' FLOOR, SHARADA NIVAS APARTMENTS.
~. BETWEEN 13TH AND 14'?H CROSS,
'MARGOSA ROAD, MALLESWARAM,
A BANGALORESSO 003.
3. SR1 RAJANNA,
FATHER'S NAME NOT KNOWN
TO THE MDPELLANT.
AGED ABOUT 65 YEARS, R/AT N060,
13"?" CROSS, MALLESWARAM. :
Eu
BAN(}ALORE--56O O03.
RESPONDENTS
[By Sri G A SRIKANTE GOWDA &
SR1 M MURALI BABU, ADVS. FOR C/R3.
SR1 SANJAY NAIR, ADV. FOR R1–2.)
THIS REA IS FILED U/O VII R 1 I2/\’2’v.’::sv9e{“‘e’Pe”sfdd’
AGAINST THE JUDGMENT AraAD»..4DE.oI§E’E.-‘II
8.7.2005 PASSED IN OS.NO. 96.116/;2oe3″o.N.’
OF THE VIII ADDL.CIry_c_I_vIL
CITY (CCH:15), DISMIsS.IfNo. THE FOR
DECLARATION AND Ir3ERMAI\IENf’r_IE.joNo’rI0N
THIS APPEAL’ eomlno HEARING THIS
DAY, THE COURT DEIINEREVDV’§fHE~~I?*oi;3;oWING:
_
A”IneiI11oVV’o_f atcon1p”I_;=on1ise petition under Order 23
Edieips gr been filed in the court today
‘ ;VVsigned”~bpy:t1’I_e counsel for the appellant, counsel for
and 2 and Counsel for respondent
No.3.Vlg_ItV has also been signed by the appeliant and
three respondents. The counsels have identified
their respective clients who are present in the court
today. Counsel for respondent No.1 subniifgigflt-{she—
1st respondent has signed the compromise petition,
but due to his advanced age of 72 years and failing
health, it is a medical risk for him to be p1’esen.t_ in
the court today. Hence, an affidavit is fi1ed”:i:jytuh:is..
son, respondent No.2, swearing to the ‘
further contends, he has been”ai1’ti1oprifsed<
respondent to do such acts asffrnayfbe
effectuate the comp1'omis'e-.izthat he
entered into. Nor1e'~~..of or their
counsels object to hisppabspenceé the affidavit is
accepted.
2. In fvi_eW’v. <5r.£he Vcompromise petition filed
before Vtiieis:c'ouirt, ttnheappeal is disposed off in terms
of the comprornise -petition.
(j1*(i€17.f;:d o_cc01’dingly. Sd
. it Iudqs
if ‘ ‘ i. Dvr: