Karnataka High Court
Smt. Devamma vs Gopala Shetty on 25 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO.1443 OF 2010 (INJ)
C/W REGULAR SECOND APPEAL NO.1125 OF 2009
REGULAR SECOND APPEAL NO.1444 OF 2010
IN R.S.A.No.1443/2010
BETWEEN:
1. DEVAMMA
W/O LATE ANKANAIKA
AGED ABOUT 68 YEARS
2. NAGARAJ
S/O LATE ANKANAIKA
AGED 32 YEARS
BOTH ARE RESIDING AT
2ND MAIN ROAD,
SURAGUR TOWN,
Digitally H D KOTE TALUK.
signed by
MALATESH ...APPELLANTS
KC (BY SRI VIDYA SELVAMANI AND SRI KARTHIK.P.M,
Location: ADVOCATES)
HIGH AND:
COURT OF
KARNATAKA
1. GOPALASHETTY
S/O CHIKKADAS SHETTY
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
1(e) CHALUVAMMA
W/O GOPALA SHETTY
AGED ABOUT 60 YEARS
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
1(b) GOPALA KRISHNA
S/O GOPALA SHETTY
AGED ABOUT 45 YEARS
1(c) PRAKASH
S/O GOPALA SHETTY
AGED ABOUT 43 YEARS
1(d) CHANDRASHEKAR
S/O GOPALA SHETTY
AGED ABOUT 41 YEARS
ALL ARE RESIDING AT
PARIVARADA BEEDI,
SARGUR TOWN
H.D KOTE TALUK
MYSORE DISTRICT-570 001
1(e) PREMKUMARI
W/O MADHUSUDEN
D/O OF GOPALA SHETTY
AGED ABOUT 38 YEARS
RESIDING AT K.R.PET TOWN
MANDYA DISTRICT
MANDYA - 570 001.
2. ANKA NAYAKA
S/O ANKANAIAKA
MAJOR
R/O SARGUR VILLAGE
H D KOTE TALUK
...RESPONDENTS
[BY SRI H S PRASHANTH, ADVOCATE FOR R1(A TO E)]
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 12.02.2009
PASSED IN R.A.NO.8/98 ON THE FILE OF THE CIVIL JUDGE
(SR. DN.), HUNSUR, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
29.10.1997 PASSED IN O.S.NO.234/1989 ON THE FILE OF THE
CIVIL JUDGE (JR.DVN.) AND J.M.F.C., H.D.KOTE.
IN R.S.A.No.1125/2009
BETWEEN:
1. DEVAMMA
W/O LATE ANKANAIKA
AGED ABOUT 68 YEARS
2. NAGARAJ
S/O LATE ANKANAIKA
AGED ABOUT 66 YEARS
BOTH ARE RESIDING AT
2ND MAIN ROAD,
SURAGUR TOWN,
H D KOTE TALUK.
...APPELLANTS
(BY SRI VIDYA SELVAMANI AND SRI KARTHIK.P.M,
ADVOCATES)
AND:
1. GOPALASHETTY
S/O CHIKKADAS SHETTY
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
1(e) CHALUVAMMA
W/O GOPALA SHETTY
AGED ABOUT 60 YEARS
1(b) GOPALA KRISHNA
S/O GOPALA SHETTY
AGED ABOUT 45 YEARS
1(c) PRAKASH
S/O GOPALA SHETTY
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
AGED ABOUT 43 YEARS
1(d) CHANDRASHEKAR
S/O GOPALA SHETTY
AGED ABOUT 41 YEARS
(DELETED AS PER ORDER DATED 03.11.16)
ALL ARE RESIDING AT
PARIVARADA BEEDI,
SARGUR TOWN
H.D KOTE TALUK
MYSORE DISTRICT-570 001
1(e) PREMKUMARI
W/O MADHUSUDEN
D/O OF GOPALA SHETTY
AGED ABOUT 38 YEARS
RESIDING AT K.R.PET TOWN
MANDYA DISTRICT
MANDYA - 570 001.
...RESPONDENTS
[BY SRI H S PRASHANTH, ADVOCATE FOR R1(A TO F)]
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 12.02.2009
PASSED IN R.A.NO.9/1998 ON THE FILE OF THE CIVIL JUDGE
(SR. DN.), HUNSUR, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 29.12.1997
PASSED IN O.S.NO.536/1989 ON THE FILE OF THE CIVIL
JUDGE (JR.DVN.) AND J.M.F.C., H.D.KOTE.
IN R.S.A.No.1444/2010
BETWEEN:
1. DEVAMMA
W/O LATE ANKANAIKA
AGED ABOUT 55 YEARS
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
2. NAGARAJ
S/O LATE ANKANAIKA
AGED ABOUT 32 YEARS
BOTH ARE RESIDING AT
2ND MAIN ROAD,
SURAGUR TOWN,
H D KOTE TALUK.
...APPELLANTS
(BY SRI VIDYA SELVAMANI AND SRI KARTHIK.P.M,
ADVOCATES)
AND:
1. GOPALASHETTY
S/O CHIKKADAS SHETTY
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
1(e) CHALUVAMMA
W/O GOPALA SHETTY
AGED ABOUT 60 YEARS
1(b) GOPALA KRISHNA
S/O GOPALA SHETTY
AGED ABOUT 45 YEARS
1(c) PRAKASH
S/O GOPALA SHETTY
AGED ABOUT 43 YEARS
1(d) CHANDRASHEKAR
S/O GOPALA SHETTY
AGED ABOUT 41 YEARS
(DELETED AS PER ORDER DATED 03.11.16)
ALL ARE RESIDING AT
PARIVARADA BEEDI,
SARGUR TOWN
H.D KOTE TALUK
MYSORE DISTRICT-570 001
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NC: 2024:KHC:30135
RSA No. 1443 of 2010
C/W RSA No. 1125 of 2009
RSA No. 1444 of 2010
1(e) PREMKUMARI
W/O MADHUSUDEN
D/O OF GOPALA SHETTY
AGED ABOUT 38 YEARS
RESIDING AT K.R.PET TOWN
MANDYA DISTRICT
MANDYA - 570 001.
2. ANKA NAYAKA
S/O ANKANAIAKA
MAJOR,
R/O SARGAR VILLAGE
H.D.LKOTE TALUK
...RESPONDENTS
(BY SRI H S PRASHANTH, ADVOCATE FOR C/R)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 12.02.2009
PASSED IN R.A.NO.172/1997 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.), HUNSUR, DISMISSING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
29.10.1997 PASSED IN O.S.NO.234/1989 ON THE FILE OF THE
CIVIL JUDGE (JR.DVN.) AND J.M.F.C., H.D.KOTE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Joint memo is filed which reads as under:
"That the Parties to the above Appeals humbly submit as follows:--7-
NC: 2024:KHC:30135 RSA No. 1443 of 2010 C/W RSA No. 1125 of 2009 RSA No. 1444 of 2010
1. The Parties to the above Appeal submit that, the Appellants had filed a suit in O.S. No.234/1989, on the file of Civil Judge, Jr Division and JMFC at H. D. Kote and the Respondents herein have filed a Suit in O.S. No.536/1989, respectively seeking for the relief of declaration and injunction and for the relief of Injunction. It is further submitted that, the suit filed by the Appellants in O.S. No.234/1989 is dismissed and the suit filed by the Respondents in O.S. No.536/1989 is also dismissed by the Trial Court.
2. It is submitted that, being aggrieved by the Judgment and decree in O.S.No.234/1989 the Appellants had preferred a First Appeal in R.A. No.172/1997, on the file of Civil Judge Sr Division at Hunsur and the Respondents being aggrieved by the findings of the trial Court on Issues No. 1 to 3 the Respondents herein had preferred a First Appeal in R.A. No.08/1998, on the file of Civil Judge Sr Division at Hunsur. Further, the Respondents being aggrieved by the dismissal of the suit in O.S. No.536/1989 had preferred a First Appeal in R.A. No.09/1998, on the file of Civil Judge Sr Division at Hunsur.
3. It is submitted that, the Learned First Appellate Court vide its judgment and decree dated 12/02/2009, dismissed the suit in O.S. No.234/1989 filed by the Appellants and decreed the suit of the Plaintiff in O.S.536/1989 and also reversed the findings on Issue Nos. 1 to 3 in O.S. No.234/1989. It is against these disposals of R.A. Nos.172/1997, R.A. No.08/1998 and R.A. No.09/1998, these Second Appeals are filed in R.S.A. No.1443/2010.-8-
NC: 2024:KHC:30135 RSA No. 1443 of 2010 C/W RSA No. 1125 of 2009 RSA No. 1444 of 2010 R.S.A. No.1444/2010 and R.S.A. No.1125/2009, on the file of this Hon'ble Court.
4. It is submitted that, now the parties have decided to put quietus to the litigation and to amicably settle the dispute so as to maintain peace and harmony among themselves and to lead a happy life. Accordingly the Appellant herein and her legal hairs have accepted the ownership and possession of the Defendants / Respondents that was conveyed to them vide registered Sale Deed dated 21/02/1966 and have withdrawn the Suit in O.S.No.234/1989 and further have consented that they have no objection for the decree that was passed in the First Appeals thereby decreeing the suit of the Respondents in O.S.No.539/1989. Further the Respondent herein has paid an amount of Rs.1,75,000/- (Rupees one lakh seventy five thousand only) in cash to the Appellants before this Hon'ble Court as full and final settlement of the disputes among the parties. As such these second appeals may be dismissed as settled in view of this compromise among the parties.
5. It submitted that, even though the present Appeals were pending again a fresh suit is instituted by the Appellants in O.S. No.58/2014, on the file of Additional Civil Judge, Jr Division, H. D. Kote seeking for the relief of declaration and injunction and the same is being contested by the Respondents. Now in view of this compromise the Appellants shall not prosecute the said suit and they shall withdraw the same as settled.
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6. It is submitted that, the above compromise is executed out of free will and volition of the parties and without any force, threat, undue influence or fraud on either party. As a token of acceptance of this compromise both the parties have signed this compromise Petition/ Joint memo. On behalf of the Appellants the Appellant No. 1 and 2 has signed and executed this Joint memo and on behalf of the Respondents the Respondent No.1(C) Sri. G. Prakash has signed and executed this Joint memo.
7. It is hereby jointly agreed by both the parties shall not interfere into peaceful possession of their respective schedule properties as mentioned below under the schedule.
WHEREFORE, the parties to the above Second Appeals humbly pray that this Hon'ble Court may be pleased to dispose off the above appeals as settled among the parties in the interest of justice and equity.
The Schedule of the Respondent Site bearing Khata No 1076, totally measuring North
- South 22.5 feet East-West 41 feet situated at main road, Sargaur Town, H D Kote Taluk bounded on:
East: by Road West: Puttamada Naika's House North: Mallegowda's House South: Devamma's Property
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NC: 2024:KHC:30135 RSA No. 1443 of 2010 C/W RSA No. 1125 of 2009 RSA No. 1444 of 2010 The Schedule of the Appellant Site bearing Khata No 1075, totally measuring North South 45.5 feet East-West 41feet situated at main road, Sargaur Town, H D Kote Taluk bounded on:
East: Road West: Puttamada Naika's House North: Mallegowda's House South: Respondent's Property
2. In view of the joint memo, appeal is dismissed in terms of the joint memo.
3. Rs.1,75,000/- is tendered by respondents to the appellants. Same is acknowledged in the order sheet.
4. Office is directed to pass modified decree in terms of the joint memo.
Sd/-
(V.SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 27