Karnataka High Court
Channabasappa S/O Sanganabasappa ... vs Smt Uma W/O Uday Puned on 26 July, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-D:10605-DB
RFA No. 100166 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 100166 OF 2024 (PAR/POS)
BETWEEN:
1. CHANNABASAPPA
S/O. SANGANABASAPPA GUNDANAVAR
AGE: 54 YEARS, OCC: BUSINESS,
R/O: HALEBENNIPETE, NARAGUND,
DIST: GADAG 582207.
2. SIDDALINGAPPA S/O. CHANNABASAPPA GUNDANAVAR
AGE: 28 YEARS, OCC: STUDENT,
R/O: HALEBENNIPETE, NARAGUND.
DIST: GADAG 582207.
3. KUM. BASAPPA S/O. CHANNABASAPPA GUNDANAVAR
AGE: 19 YEARS, OCC: STUDENT,
R/O: HALEBENNIPETE, NARAGUND.
DIST:G ADAG 582207.
4. KUMAR SHARANU
Digitally signed
by GIRIJA A S/O. CHANNABASAPPA GUNDANAVAR
BYAHATTI
Location: HIGH
AGE: 15 YEARS, OCC: STUDENT
COURT OF
KARNATAKA
SINCE MINOR REPRESENTED BY M/G FATHER
CHANNABASAPPA
S/O. SANGANABASAPPA GUNDANAVAR
R/O: HALEBENNIPETE, NARAGUND,
DIST: GADAG 582207.
5. SMT. KUSUMA
W/O. CHANNABASAPPA GUNDANAVAR
AGE: 47 YEARS, OCC: HOUSEHOLD,
R/O: C/O. RAMESH KUNCHIKARU
NEAR II BUS STOP, MIRJI BANK
LAXMI COMPLEX, SHARADA SHOPE,
BELAGAVI-590001.
...APPELLANTS
(BY SRI. K.L. PATIL AND SRI. S.S. BETURMATH, ADVOCATES)
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NC: 2024:KHC-D:10605-DB
RFA No. 100166 of 2024
AND:
SMT. UMA W/O. UDAY PUNED
AGE: 47 YEARS, OCC: HOUSEHOLD WORK
R/O: H.NO.27, RAMTHIRTH NAGAR,
TQ DIST: BELAGAVI 590015.
...RESPONDENT
(BY SRI. CHETAN I. HIREMATH, ADVOCATE)
THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 02.04.2024 PASSED
IN O.S.NO.78/2019 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE GADAG, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
T.G.SHIVASHANKARE GOWDA, J., DELIVERED THE FOLLOWING:
Coram: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
and
HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA) This is the defendants' appeal challenging the judgment and decree passed in O.S.No.78/2019 dated 02.04.2024 passed by the Additional Senior Civil Judge, Gadag in granting ½ share in the suit schedule properties 1A1 to 1A7 and 1B1 to 1B3 and 1C. The matter has been conciliated before the Lok Adalath. -3-
NC: 2024:KHC-D:10605-DB RFA No. 100166 of 2024
2. The parties have filed the joint memo settling the matter. Since 4th appellant is a minor, appellant No.1 has filed an application under Order XXXII Rule 7 read with Section 151 of Code of Civil Procedure, 1908 (for short, 'CPC') before the Lok Adalath seeking permission to compromise the appeal on his behalf as the compromise is benefitting him.
3. As per the conciliator's order dated 13.07.2024 before the Lok Adalath, application filed under Order XXXII Rule 7 of CPC requires a judicial order. Hence, the matter is placed before this Court for consideration of the application.
4. We have perused the application, affidavit filed in support of application by the appellant No.1/father of appellant No.4 and certificate of learned advocate appearing for the appellants.
5. We have also perused the joint memo and conciliation order.
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NC: 2024:KHC-D:10605-DB RFA No. 100166 of 2024
6. The terms of compromise is benefiting the appellants so also the minor appellant No.4. Sufficient grounds are made out to allow the application. Accordingly, the application under Order XXXII Rule 7 of CPC is hereby allowed. Appellant No.1 is permitted to compromise the appeal on behalf of appellant No.4.
7. The compromise entered into between the parties in terms of the joint memo is accepted, the appeal is disposed of in terms of joint memo filed before the Lok Adalath.
8. Draw the decree accordingly.
Sd/-
JUDGE Sd/-
JUDGE NAA List No.: 1 Sl No.: 14