Case Note & Summary
The appellants, Janaki Venkat and Kantheti Venkat, filed a Regular First Appeal under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civil Procedure, 1908, against the judgment and decree dated 29.08.2018 passed by the IX Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.8024/2011, which dismissed their suit for permanent injunction. The respondents were C.Munireddy and Sambhav Homes and Infrastructure (India) Private Limited. After service of notice, the second respondent entered appearance through counsel and filed an application seeking amendment of the written statement, supported by a narrative affidavit. The appellants acceded to the amendment, and a compromise was reached between the parties. The court allowed the amendment application and granted leave to amend. Consequently, the appeal was disposed of in terms of the compromise, and the judgment and decree of the trial court were set aside. The court directed that the compromise be made part of the decree.
Headnote
A) Civil Procedure - Compromise Decree - Amendment of Written Statement - The appeal was directed against the dismissal of a suit for permanent injunction. During the appeal, the respondent sought amendment of the written statement, which was acceded to by the appellants, leading to a compromise. The court allowed the amendment and disposed of the appeal in terms of the compromise, setting aside the trial court's judgment and decree. (Paras 2-3)
Issue of Consideration
Whether the appeal should be allowed in light of the compromise between the parties and the amendment of the written statement.
Final Decision
The appeal is allowed. The judgment and decree dated 29.08.2018 passed in O.S.No.8024/2011 by the IX Additional City Civil and Sessions Judge, Bengaluru, are set aside. The suit is decreed in terms of the compromise. The compromise shall form part of the decree.
Law Points
- Compromise decree
- Amendment of written statement
- Consent order
- Settlement of dispute
Case Details
2020 LawText (KAR) (07) 173
Regular First Appeal No.1748 of 2018 (INJ)
Smt. S.S. Naganand, Senior Counsel for Sri. S. Sriranga, Advocate (for appellants); Sri. S.V. Giridhar, Advocate (for respondent 2)
Janaki Venkat and Kantheti Venkat
C.Munireddy and Sambhav Homes and Infrastructure (India) Private Limited
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Nature of Litigation
Regular First Appeal against dismissal of suit for permanent injunction.
Remedy Sought
Appellants sought to set aside the trial court's judgment and decree dismissing their suit for permanent injunction.
Filing Reason
The trial court dismissed the suit; the appellants appealed.
Previous Decisions
The IX Additional City Civil and Sessions Judge, Bengaluru, dismissed the suit in O.S.No.8024/2011 on 29.08.2018.
Issues
Whether the appeal should be allowed in light of the compromise between the parties.
Submissions/Arguments
The respondent filed an application for amendment of the written statement, which was acceded to by the appellants, leading to a compromise.
Ratio Decidendi
When parties reach a compromise during the pendency of an appeal, the court may allow the amendment of pleadings and dispose of the appeal in terms of the compromise, setting aside the trial court's judgment.
Judgment Excerpts
This appeal is directed against the judgment & decree dated 29.08.2018 whereby the IX Addl. City Civil Judge, Bengaluru dismissed the suit of the appellants in O.S.No.8024/2011.
After service of notice, the 2nd respondent having entered appearance through his counsel has filed an application seeking amendment of the Written Statement and the same is supported by a narrative affidavit; the said application is acceded to by the appellants as well so that the compromise which they intended, thereby stands fructified and accordingly it is.
Procedural History
The appellants filed a suit for permanent injunction (O.S.No.8024/2011) which was dismissed by the IX Additional City Civil and Sessions Judge, Bengaluru on 29.08.2018. Aggrieved, the appellants filed the present Regular First Appeal under Section 96 read with Order XLI Rules 1 and 2 CPC. During the appeal, the second respondent filed an application for amendment of the written statement, which was acceded to by the appellants, leading to a compromise. The court allowed the amendment and disposed of the appeal in terms of the compromise.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order XLI Rules 1 and 2
