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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
RSA.No.200255/2016
BETWEEN:
IRAYYA SHANKARAYYA MATH
SINCE DECEASED BY HIS LR
VIJAYAKUMAR IRAYYA MATH
AG: 32 YEARS OCC: BUSINESS
R/O: MALLIKARJUN NAGAR
OPP: BIDE HOSPITAL BIJAPUR - 586 101.
.... APPELLANT
(BY SRI. SANTOSHKUMAR B. BIRADAR, ADVOCATE)
AND:
01. SHEKHARAYYA MATH S/O SHANKRAYYA MATH
SINCE DECEASED BY HIS LRS.
01(A) MALLAMMA W/O LATE SHEKHARAYYA MATH
AGE: 40 YEARS OCC: HOUSEHOLD
R/O: INAMADAR COLONY
SUNAGAR ONI, VIJAYAPURA-586 101.
01(B) TEJAS S/O LATE SHEKHARAYYA MATH
AGE: 26 YEARS
R/O: INAMADAR COLONY,
SUNAGAR ONI, VIJAYAPRA-586 101.
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02. SHANKARAYYA MALLIKARJUN MATH
SINCE DECEASED BY HIS LR.
02A. SURYAKANTH S/O SHANKARAYYA MATH
AGE: 53 YEARS OCC: AGRICULTURE
R/O: HANGARAGI
VIJAYAPUR-586 102.
03. SMT. SUVARNA W/O GURUBASAYYA MATH
AGE: 48 YEARS OCC: HOUSEHOLD WORK
R/O: LAXMINAGAR
GACHHINATTI COLONY,
VIJAYAPURA-586 102.
04. SMT. BHOURAWWA W/O IRAYYA MATH
AGE: 55 YEARS OCC: HOUSEHOLD WORK
R/O: KOULAPETI SIRA AGASI
BAGALKOT.
05. SMT. SATEERAWWA W/O SIDDAYYA GOTHE
AGE: 48 YEARS OCC: HOUSEHOLD WORK
R/O: KOULAPETI SIRA AGASI
BAGALKOT.
06. SMT. MAHADEVI
SINCE DECEASED BY HER LRS.
06A. SMT. SHEELA W/O IRAYYA CHIKKAMATH
AGE: 30 YEARS OCC: HOUSEHOLD
R/O: JAINAPUR
VIJAYAPURA-586 113.
06B. SMT. SUSHEELA W/O VINOD HIREHAIMATH
AGE: 33 YEARS OCC: HOUSEHOLD
R/O: JAINAPUR
VIJAPURA - 586 113.
... RESPONDENTS
(BY SRI. RAVI G. MADABHAVI ADVOCATE FOR R1 (A)
AND R1(B) and R6(A) to R6(B)
BY SRI. D. P. AMBEKAR, ADVOCATE FOR R2 TO R5)
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THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING
TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND
DECREE DATED 25.07.2016 PASSED IN R.A.NO.35/2011 ON
THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, BIJAPUR
CONFIRMING THE JUDGMENT AND DECREE DATED 16.12.2010
PASSED IN O.S.NO.49/2005 ON THE FILE O THE III
ADDITIONAL SENIOR CIVIL JUDGE, BIJAPUR AND TO PASS ANY
OTHER APPROPRIATE ORDERS.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
ORDER
This Regular Second Appeal is preferred against the judgment and decree dated 25.07.2016 passed in R.A.No.35/2011 on the file of I Additional District Judge, Vijayapur and the judgment and decree dated 16.12.2010 passed in O.S.No.49/2005 by the III Additional Senior Civil Judge, Bijapur.
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02. The parties to the appeal have filed the compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure to settle their dispute amicably in terms of compromise petition.
03. The parties to the appeal are present before the Court and they are identified by their respective learned counsel.
04. It is submitted by the learned counsel for the appellants and respondents that the matter is amicably settled between the parties.
05. The compromise petition is filed along with Adhar Cards of the respective parties for identification. The contents of the compromise petition are perused. The parties have also agreed to the terms of the compromise petition.
06. The parties submit that they have partitioned the properties as per the compromise recorded in the compromise petition. The parties also admit the receipt of cheques referred in the compromise petition. 5
07. The parties to the compromise petition submitted that they have entered into compromise without any coercion or force from any one else. Accordingly, they seek to modify the impugned judgment and decree in terms of compromise petition.
08. On going through the contents of compromise petition and after hearing learned counsel for the respective parties, this Court satisfied that the compromise petition is free from any force, undue influence or coercion.
09. Hence, the said compromise petition is accepted.
10. Accordingly, the judgment and decree under this appeal is modified in terms of the compromise petition.
11. The registry is directed to draw final decree accordingly, on requisite stamp paper to be furnished by the parties.
Sd/-
JUDGE KJJ