Karnataka High Court
Ravi Kumar vs Smt. Vidyavathi on 13 November, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:6824
RSA No. 200392 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REGULAR SECOND APPEAL NO.200392 OF 2017 (INJ)
BETWEEN:
RAVI KUMAR
S/O NARASIMHALU YADLAPUR,
AGE: 43 YEARS, OCC: BUSINESS,
R/O H.NO.: 9-10-21, MADDIPETE, RAICHUR.
...APPELLANT
(BY SRI. SHARANABASSAPPA K. BABSHETTY, ADVOCATE)
AND:
SMT. VIDYAVATHI
Digitally signed W/O ANIL KUMAR KSHEERASAGAR,
by AGE: 39 YEARS, OCC: CLEARK IN THE
KHAJAAMEEN
MALAGHAN STATE BANK OF INDIA, MAIN BRANCH,
Location: HIGH OPP: S.N.T TALKIES, RAICHUR-584101
COURT OF ...RESPONDENT
KARNATAKA (BY SRI. R. J. BHUSARE, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THIS APPEAL AND SET-ASIDE THE
JUDGMENT AND DECREE DATED 04/09/2017, PASSED BY THE
PRL. SENIOR CIVIL JUDGE AND C.J.M AT RAICHUR, IN
R.A.NO.71/2016 AND RESTORE THE JUDGMENT AND DECREE
DATED 18/04/2016 PASSED BY THE I ADDL. CIVIL JUDGE, AT
RAICHUR, IN O.S.NO.147/2009.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-K:6824
RSA No. 200392 of 2017
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) This appeal by the plaintiff aggrieved by the judgment and decree dated 04.09.2017 passed in R.A.No.71/2016 on the file of Principal Senior Civil Judge and CJM, Raichur (hereinafter referred to as "First Appellate Court") by which the First Appellate Court while allowing the appeal filed by the defendant had set aside the judgment and decree dated 18.04.2016 passed in O.S.No.147/2009 on the file of I. Additional Civil Judge, Racihur.
02. The above suit is filed by the plaintiff for relief of permanent injunction in respect of open house plot bearing No.108 measuring 18 mtrs x 12 mtrs = 216 mtrs (north - south = 18 mtrs and east-west = 12 mtrs). Out of which an area measuring 15 x 40 mtrs is the portion towards northern side, formed N.A. land bearing Sy.No.892/1A and 893/A, situated at Bolmandoddi road, Raichur.
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03. It is the case in the plaintiff that he is the owner in exclusive possession of the aforesaid property having purchased the same in terms of deed of sale dated 12.09.2002. That defendant without any right over the suit property had started construction by laying foundation of the house trying to encroach upon the suit property belonging to plaintiff.
04. The case of the defendant on the other hand is that she is the owner of Plot No.99 measuring 12 x 18 forming part of Survey No.892/1/A and 893/A having purchased the same in terms of deed of sale dated 21.08.20018 and that she has not encroached upon any partition of the property of the plaintiff.
05. The Trial Court had decreed the suit of the plaintiff as sought for. However, the First Appellate Court set aside the same. Aggrieved by which, the plaintiff is before the Court.
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06. Today a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC is filed. The parties are personally present. The parties are being identified by their respective counsel. The terms of the compromise as agreed by the parties read as under:-
"COMPROMISE PETITION UNDER ORDER XXIII RULE 3, READ WITH SECTION 151. OF. C.P.C.
The Appellant / Plaintiff and Respondent / Defendant submits this Compromise Petition is as under:-
1) That, the Appellant / Plaintiff is the owner in possession of the Plot No.108 measuring 12 Mtrs (East-West) x 18 Mtrs (North-South) = 216 8q.
Mtrs. In the N.A. Lands Sy.No.892/1A and 893/A, at Bolamanadoddi Road, area, Raichur, as per the Reg. Sale Deed Document No.1900 / 2002-03, dated 12-09-2002 and Mutation effected in his name from the CMC, Raichur, likewise the Respondent / Defendant is the owner in possession of the Open Plot bearing No.99 with Municipal No. 8-11-200 / 118 and PID No.21-6-676-199, measuring 12 Mtrs. (East-West) x 18 Mtrs. (North- South) = 216 54 Mirs. In the same N.A. Land showed above, situated at Bolamanadoddi Road, through Regd. Sale Deed Document No.3254 / 2008-09, dated 21-08-2008, and Mutation effected in her name by CMC, Raichur.
2) That, the Plot No.99 of the Respondent / Defendant is situated towards Northern Side of the Plot No.108, which pertains to the Appellant / Plaintiff in the same lands and also in the common Residential Layout, which is commonly called and known as "NGO's Colony",
3) That, the CMC of Raichur, has formed 60 Feet wide Road towards Northern side of the Plot of the Defendant / Respondent, as such without -5- NC: 2025:KHC-K:6824 RSA No. 200392 of 2017 HC-KAR acquisition of the area of the Plot No.99 i.e., towards Northern side, some extent of measurement of Plot of the Defendant / Respondent is decreased to the extent of measurement of Plot No.99 is as instead of 12 Mtrs. (East-West) x 16.46 + 16.81/2 Mtrs. (North-South) = 199.62 Sq. Mtrs. Instead of a 12 Mtrs. X 18 Mtrs, = 216 Sq. Mtrs. So in view of this, the Respondent / Defendant lost some extent of area of her Plot without acquisition by the CMC, Raichur.
4) That, in view of the said changed circumstances and decreasing of measurement of Plot No.99 occurred in the absence of Defendant / Respondent, so knowing of this and also advise of the elders, the both parties to the suit have settled the matters amicably to stop the dispute in respect of the Plots is as under:-
i) The Appellant / Plaintiff now present is the owner and in possession of the Plot No.108, measuring to the extent of 12 Mtrs. X 18 Mtrs. = 216 Sq. Mtrs.
and the Respondent / Defendant is the owner of the Plot No.99 to the extent of 12 Mtrs. (East-West) x 16.46 + 16.81/2 Mtrs. (North-South) = 199.62 Sq. Mtrs. situated at Bolamanadoddi road area of Raichur and the both parties amicably admitted the said measurements and their ownership for further development without disputing the Sale Deed measurement of the Plots in further.
ii) The Sketch Map is also annexed to this Petition for clarity of this Compromise Petition for disposal of the matter in between the parties.
iii) That, the parties of this Compromise Petition shall not make any claims and demands and raise any type of disputes in future in view of this terms of Compromise Petition entered between the parties in respect of their respective Plots. Therefore, the Plaintiff / Appellant and Respondent / Defendant herein prays for Compromise the matter according to the terms as stated above, in the ends of justice.
Hence, this Compromise Petition."
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07. On a query the plaintiff and the defendant express their understanding with regard to terms of the compromise. The terms of the compromise not being contrary to any provision of law, the same is accepted. A sketch forming part of the compromise is also enclosed, which shall form part of the compromise.
08. The appeal is disposed of in terms of the compromise.
09. Draw decree accordingly.
Sd/-
(M.G.S.KAMAL) JUDGE KJJ List No.: 1 Sl No.: 56 CT:PK