Karnataka High Court
Smt. Sangamma vs Smt. Sangawwa And Ors on 4 July, 2024
-1-
NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200304 OF 2017
(PAR & INJ)
BETWEEN:
SMT. SANGAMMA
W/O SHIVAPPA JEER,
AGE: 41 YEARS, OCC: H.H. WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPUR-586212.
...APPELLANT
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
1. SMT. SANGAWWA
Digitally signed
by SUMITRA W/O BHEEMAPPA HUGAR,
SHERIGAR AGE: 52 YEARS, OCC: H.H.WORK,
Location: HIGH
COURT OF R/O: TODALABAGI, TQ: JAMAKHANDI,
KARNATAKA
DIST: BAGALKOT-584201.
2. SMT. SHANTABAI
W/O NAGAPPA JEER,
AGE: 52 YEARS, OCC: H.H.WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
3. SMT. GEETA
W/O BHIMARAY HUGAR
AGE: 34 YEARS, OCC: H.H.WORK,
R/O: INGALAGERI, TQ MUDDEBHIHAL,
-2-
NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
DIST: VIJAYAPURA-586212.
4. RAMESH
S/O NAGAPPA JEER
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
5. SMT. MADEVI
W/O SHIVAPUTRA JEER
AGE: 54 YEARS, OCC: H.H.WORK,
R/O: MIG NO.16, ANAND NAGAR,
RAJAPUR ROAD, GULBARGA-585101.
6. NEELAWWA
W/O RAMAPPA JEER
AGE: 76 YEARS, OCC: H.H.WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
...RESPONDENTS
(BY SRIHARSHAVARDHAN R. MALIPATIL, ADV. FOR R1 TO R6)
THIS RSA IS FILED U/S 100 OF CPC, ALLOW THIS
APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED
09.08.2017, PASSED BY THE COURT OF SENIOR CIVIL JUDGE,
BASAVAN BAGEWADI, AT: BASAVAN BAGEWADI, IN R.A. NO.
09/2015 FILED BY THE RESPONDENTS HEREIN AND
CONSEQUENTIALLY CONFIRM THE JUDGMENT AND DECREE
DATED 06.02.2015 PASSED BY THE COURT OF CIVIL JUDGE
BASAVAN BAGEWADI, AT: BASAVAN BAGEWADI, IN O.S.
NO.409/2011 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
JUDGMENT
Application under Section 151 of the Code of Civil Procedure is filed by the respondents stating that the respondents herein have amicably settled the dispute with the vendee of the appellant herein, namely, Sri Basavaraj, S/o Mallappa Gabasavalagi and the respondents herein are withdrawing their suit/claim in respect of the suit land bearing Sy. No.198 measuring 02 acres 17 guntas situated at Telagi Village, Basavana Bagewadi Taluk and District Vijayapura. The averments in the application is culled out as under:
"1) That in view of amicable settlement arrived out of court between the Respondents herein and the Vendee of the Appellant herein by name Sri. Basavaraj S/o Mallappa Gabasavalagi, the Respondents herein are withdrawing their suit / claim in respect of one of the suit lands bearing Sy. No. Sy.
No. 198 measuring 2 acres 17 guntas, situated at Telagi village, Basavana Bagewadi Taluka Dist. Vijaypura.
2) That the Respondents have received a sum of Rs.5,00,000/- in total, from the vendee of the Appellant, Sri. Basavaraj S/o Mallappa Gabasavalagi today vide DD bearing No. 785789 dated 04-07-2024 -4- NC: 2024:KHC-K:4603 RSA No. 200304 of 2017 in favour Sangawwa Hugar/Respondent No. 1 sum of Rs. 2,50,000/- and vide DD bearing No. 785788 dated 04.07.2024 in favour of Mahadevi/Respondent No.5 sum of Rs. 2,50,000/- of issued by SBI, High Court branch, Kalaburagi, as full and final settlement of their share / claim in the above said land after deducting the share of the Appellant in the total extent of suit lands.
3) That family of the Appellant and Respondents herein were joint owners of total extent of 5 acres 11 guntas land situated at Telagi village, Basavanabagewadi Taluka Dist. Vijaypura (1) Sy. No. 198 measuring 2 acres 17 guntas and (2) Sy. No. 123/Ka measuring 2 acres 34 guntas. The present appellant has sold Sy. No. 198 measuring 2 acres 17 guntas during pendency of the proceedings vide registered sale deed dated 20.04.2016 bearing document no. 380 of Basavana Bagewadi Sub- Registrar. The said alienation made by the Appellant is in excess of her total entitlement (considering both the lands) which work out to about 1 acre 13 guntas. Hence after settling entire claim of Appellant in all the suit properties, the Respondents herein together would still be entitled for 1 acre 14 guntas in Sy. No.
198."
-5-
NC: 2024:KHC-K:4603 RSA No. 200304 of 2017
2. The application states that in view of the settlement arrived at between the respondents and vendee of the appellant, respondents have given up their claim on the suit land measuring 01 acre 14 guntas in Sy. No.198 and the suit of the plaintiff in respect of the said land be dismissed as withdrawn and the respondents seek to withdraw their claim over the suit land bearing Sy. No.198 measuring 02 acres 17 guntas situated at Telagi Village, Basavana Bagewadi Taluka and District Vijayapura. Along with the application, affidavit of all the respondents has been filed stating that the terms of the application filed to be true and correct and they withdrawing their claim over the suit land bearing Sy. No.198 measuring 02 acres 17 guntas situated at Telagi Village, Basvana Bagewadi Taluk and District Vijayapura in O.S. No.409/2011.
3. The respondents are present before the Court and state that they arrived at an amicable settlement with the vendee of the appellant and they are withdrawing the suit claim in respect of the suit land bearing Sy. No.198. The respondent Nos.1 and 5 received Demand Draft for a sum of Rs.2,50,000/- -6-
NC: 2024:KHC-K:4603 RSA No. 200304 of 2017 each. The same is acknowledged by respondent Nos.1 and 5, who are present before the Court.
4. Learned counsel for the appellant on instructions from the appellant files a memo dated 04.07.2024, which reads as under:
"The Appellant herein submit as under:
The Appellant is claiming only in respect of land bearing Sy. No. 198 measuring 2 acres 17 guntas situated at Telagi village, Basavanabagewadi Taluka Dist. Vijaypura, which is sold in favour of Sri. Basavaraj S/o Mallappa Gabasavalagi, vide registered sale deed dated 20.04.2016 bearing document no. 380 of Basavana Bagewadi Sub- Registrar, since the Appellant has sold property in excess of her entitlement in the total extent of suit properties, the Appellant does not have only claim over the other Schedule property bearing Sy No. 123/Ka Hence this memo."
5. Memo is taken on record.
-7-
NC: 2024:KHC-K:4603 RSA No. 200304 of 2017
6. In light of the withdrawal of the claim by the respondents-plaintiffs in respect of the suit item No.1, land bearing Sy. No.198, measuring 2 acres 17 guntas situated at Telagi Village Basvana Bagewadi, the judgment and decree of the Courts below stand modified. Decree insofar as item No.1 bearing Sy. No.198 measuring 02 acres 17 guntas is set-aside and the suit is dismissed in respect of item No.1.
Registry to draw decree accordingly.
Sd/-
JUDGE MBM List No.: 1 Sl No.: 44