Karnataka High Court
Veerabhadrappa S/O Bheemappa ... vs Mallavva W/O Mallappa Kalawad on 23 August, 2021
Author: P.B.Bajanthri And Kamal
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2021
PRESENT
THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
RFA No.100046 OF 2015 (DEC/PAR)
BETWEEN:
1. VEERABHADRAPPA S/O BHEEMAPPA KARIYAPPANAVAR
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: KONNUR, TQ: NARGUND, DIST: GADAG,
NOW AT SURKOD, TQ: NARGUND, DIST: GADAG
2. SHIVANAND S/O BASAPPA KARIYAPPANAVAR
AGE: 30 YEARS, OCC: MOTOR WELDING WORK,
R/O: KONNUR, TQ: NARGUND, DIST: GADAG
...APPELLANTS
(BY SRI. S.S. BETURMATH & SRI. K L PATIL, ADVOCATES)
AND
1. MALLAVVA W/O MALLAPPA KALAWAD
AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O:
ALAGAWADI, TQ: NAVALGUND, DIST: DHARWAD
2. YALLAVVA W/O LAXMAPPA KALAWAD
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: ALAGAWADI, TQ: NAVALGUND,
DIST: DHARWAD
3. FAKKIRAPPA S/O BHEEMAPPA KARIYAPPANAVAR,
AGE:43 YEARS, OCC:AGRICULTURE,
2
R/O: KONNUR, TQ: NARGUND, DIST: GADAG.
4. SHANKRAVVA W/O SHARANAPPA MUGALI,
AGE:53 YEARS, OCC:HOUSEHOLD WORK,
R/O: KONNUR, TQ: NARGUND, DIST: GADAG.
5. IRAVVA W/O BASAPPA KARIYAPPANAVAR,
AGE:53 YEARS, OCC:AGRICULTURE,
R/O: KONNUR, TQ: NARGUND, DIST: GADAG.
6. SATISH @ SHARANAPPA S/O BASAPPA
KARIYAPPANAVAR, AGE:53 YEARS, OCC:AGRICULTURE,
R/O: KONNUR, TQ: NARGUND, DIST: GADAG.
7. VIJAYALAKSHMI W/O DYAMANNA KARALINGANAVARA,
AGE:35 YEARS, OCC:HOUSEHOLD WORK,
R/O: KOLIVAD, TQ: NAVALGUND DIST: DHARWAD.
8. MAHADEVI W/O GURUSHANTAPPA GANIGERA,
AGE:29 YEARS, OCC:HOUSEHOLD WORK,
R/O: HOSUR, TQ: BAILHONGAL,
DIST: BELAGAVI.
9. LAKSHMI W/O MANJAPPA GANIGERA,
AGE:27 YEARS, OCC:HOUSEHOLD WORK,
R/O: HOSUR, TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. S R HEGDE, ADV. FOR R1 AND R2)
(SRI.A.M. GUNDAWADE, ADV. FOR R3 TO R9
THIS RFA FILED UNDER ORDER 41 RULE 1 R/W. SEC. 96
OF CPC PRAYING TO MODIFY THE JUDGMENT AND DECREE
DATED 10.12.2014 PASSED IN O.S.NO.37/2013 ON THE FILE
OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, GADAG, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION AND DECLARATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
P.B.BAJANTHRI J., DELIVERED THE FOLLOWING:
3
JUDGMENT
In the instant appeal, the appellants have prayed for
modification of the impugned judgment and decree dated
10.12.2014 passed in OS No.37/2013 on the file of the
learned Principal Senior Civil Judge and CJM, Gadag.
2. During the pendency of present appeal, matter
was referred to the High Court Mediation Centre, Dharwad.
Before the Mediation Centre, the parties have entered into a
settlement. To that effect, memorandum of agreement dated
18.8.2021 under Section 89 of CPC read with Rules 24 and
25 of the Karnataka Civil Procedure (Mediation) Rules, 2007
has been drawn and it is attested by the respective parties
and their counsels.
3. All the parties to the present proceedings are
present before the Court and they have been identified by
their respective counsels. At this juncture, Sri. S.S.
Beturmath, learned counsel for the appellants has handed
over two Demand Drafts bearing Nos.613030 & 613031
dated 21.08.2021 amounting to Rs.4,00,000/- and
Rs.2,00,000/- respectively drawn on Bank of Baroda to
respondents 1 and 2 in the presence of their counsel, the
receipt of which is acknowledged.
4. In view of the aforesaid development in the
matter and in terms of the memorandum of agreement
stated supra, the regular first appeal stands disposed of,
while modifying the impugned judgment and decree dated
10.12.2014 passed in OS No.37/2013 on the file of the
learned Principal Senior Civil Judge and CJM, Gadag, to the
extent of aforesaid settlement among the respective parties.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
