Karnataka High Court
Krishnappa Malojappa Mirajakar vs Vishwanath Temple Committee Chikkerur on 25 July, 2024
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NC: 2024:KHC-D:10548
RSA No. 3436 of 2006
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 3436 OF 2006 (DEC/INJ-)
BETWEEN:
KRISHNAPPA MALOJAPPA MIRAJAKAR,
AGE: 72 YEARS, OCC: BUSINESS,
R/O CHIKKERUR, TAL: HIREKERUR,
DIST: HAVERI.
...APPELLANT
(BY SRI I.Y. PATIL, ADVOCATE)
AND:
1. VISHWANATH TEMPLE COMMITTEE
CHIKKERUR, REP BY
SRI. MADIWALAPPA VEERAPPA DANDUR,
AGE: 82 YEARS, OCC:RETIRED,
R/O CHIKKERUR, TAL: HIREKERUR,
DIST: HAVERI.
2. SRI. MADIWALAPPA VEERAPPA DANDUR-DIED
Digitally signed
by SAROJA AGE:72 YEARS, OCC: RETIRED,
HANGARAKI R/O CHIKKERUR, CHAIRMANSRI
Location: HIGH SRI VISHWANATH TEMPLE COMMITTEE, CHIKKERUR,
COURT OF TAL: HIREKERUR,
KARNATAKA
DHARWAD DIST: HAVERI.
BENCH
DHARWAD
3. SRI BASAVARAJAPPA VEERAPPA YENNI-DIED
AGE: 62 YEARS, OCC: BUSINESS,
R/O CHIKKERUR, TAL: HIREKERUR,
DIST: HAVERI.
4. SRI NATARAJ BASAPPA MUGALGERI
AGE:52 YEARS, OCC: AGRICULTURE
R/O CHIKKERUR, TAL: HIREKERUR,
DIST: HAVERI.
5. SRI ESHAPPA BASAPPA DANDUR
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NC: 2024:KHC-D:10548
RSA No. 3436 of 2006
AGE:42 YEARS, OCC: AGRICULTURE,
R/O CHIKKERUR, TAL: HIREKERUR,
DIST: HAVERI.
6. BASAVARAJAPPA MUKAPPA ABLUR
AGE:47 YEARS, OCC: AGRICULTURE,
R/O CHIKKERUR, TAL: HIREKERUR TALUK,
DIST: HAVERI.
7. VEERESH SHEKAPPA YENNI
AGE:48 YEARS, OCC: AGRICULTURE,
R/O CHIKKERUR, HIREKERUR TALUK,
DIST: HAVERI.
8. SRI PUTTAPPA MAHALINGAPPA ANAJI-DIED
AGE:47 YEARS, OCC: AGRICULTURE,
R/O CHIKKERUR, HIREKERUR TALUK,
DIST: HAVERI.
9. GANGADHARAPPA BASAVARAJAPPA
MUGALAGERI, AGE: MAJOR,
OCC: AGRICULTURE, R/O MAIN ROAD,
CHIKERUR, TAL: HIREKERUR,
DIST: JAVERI.
10. BASAVARAJAPPA SHIVALINGAPPA
MANGANI @ KORISHETTAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O MAIN ROAD, CHIKERUR,
TAL: HIREKERUR, DIST: HAVERI.
11. SOMAHEKHAR MURIGEPPA YENNI
AGE: MAJOR, OCC: AGRICULTURE
R/O MAIN ROAD, CHIKERUR,
TAL: HIREKERUR, DIST: HAVERI.
...RESPONDENTS
(BY SRI P.G. MOGALI FOR R1-R8, R-9, 10 & 11 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGEMENT AND DECREE DATED 13.09.2006 PASSED BY THE
ADDITIONAL CIVIL JUDGE (SR.DN.), RANEBENNUR IN
R.A.NO.23/2002 AND FURTHER BE PLEASED TO CONFIRM THE
JUDGMENT AND DECREE DATED 31.01.2002 PASSED BY THE CIVIL
JUDGE (JR.DN.), HIREKERUT IN O.S.NO.527/1994.
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NC: 2024:KHC-D:10548
RSA No. 3436 of 2006
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Pursuant to the order dated 18.07.2024, the parties have appeared before the Mediator, consequent to which, they have filed a memorandum of agreement under Section 89 of Code of Civil Procedure1 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 whereunder, the parties have agreed to settle the dispute in terms of the agreement entered into between them which is extracted herein below:
1. The Appellant is the owner of the suit property bearing VPC No.762 situated at Chikkeruru Village, Tq. Hirekeruru Dist. Haveri totally measuring East-
West 56 Cubic i.e. 84 feet. North to South 13 cubic i.e. 19 feet 6 inches.
2. That as per the order of Hon'ble High Court of Karnataka, the Court Commissioner was appointed and submitted the report along with hand sketch map dated 27.01.2023. The Court Commissioner shown the disputed area as a letters 'ABYX' which is measuring West-East 29 feet 3 inch (29.3"). The 1 Hereinafter referred to as 'CPC' -4- NC: 2024:KHC-D:10548 RSA No. 3436 of 2006 appellant is agreed to settle the issue by accepting the land measuring 26 feet out of 29'.3" inches towards letters AB and YX' as shown in the hand sketch map. The said map shown that North-South marked as 'BY' measuring 22 feet 11 inches (22'.11"). So also, the Respondents have no objection to utilize the said land by the appellant.
3. The respondents herein after have no any right, title and interest over the property measuring 26 feet out of 29.3" inches towards letters AB and YX as shown in the hand sketch map
4. That as per the Court Commissioner hand sketch map and also a settlement arrived between appellant and respondents, the appellant is the absolute owner of the land totally measuring letters AB 26 feet plus from letter 'A' point to towards East up to road is measuring 43 feet 07 inches, so also measuring letters YX 26 feet plus from 'X' letter point to towards East up to road is measuring 43 feet 07 inches.
2. The hand sketch map submitted by the Court Commissioner in the present appeal shall be treated as part and parcel of the compromise entered into between the parties.
3. The appellant and the respondent No.6 who is also the power of attorney holder of respondent No.7 are -5- NC: 2024:KHC-D:10548 RSA No. 3436 of 2006 also present before the Court. The respondent No.1 is the Temple Committee who is represented by the other respondents. The parties are identified by their respective counsels.
4. The parties admit the compromise agreed between them in terms of the agreement as extracted herein above.
5. In view of the aforementioned, the above appeal is disposed of in terms of the compromise as noted above.
6. Modified decree to be drawn accordingly.
Sd/-
JUDGE PJ CT:GSM List No.: 1 Sl No.: 1