Meenaxi W/O Suryakant Shirale vs Tensen @ Adavesh Tayasahed ...
2021 Latest Caselaw 5670 Kant

                          1


          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

  DATED THIS THE 07TH DAY OF DECEMBER, 2021

                      PRESENT
  THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                        AND
         THE HON'BLE MR.JUSTICE S. RACHAIAH
       RFA No.100086/2015 (PAR. & SEP. POSSN.)

BETWEEN:

SMT. MEENAXI, W/O SURYAKANT SHIRALE,
AGED ABOUT 72 YEARS,
OCC: HOUSEHOLD WORK,
R/O 1219-A WARD, SHIVAJI PETH,
OPP. BALBHIM BANK, KOLHAPUR,
DIST. KOLHAPUR (MAHARASHTRA).       .... APPELLANT

(BY SMT. BHAGYASHREE N.B. AND
    SRI. RAMACHANDRA MALI, ADVOCATES)

AND:

  1.     SRI. TANSEN @ ADIVESH TATYASAHEB
         SHEDSHYALE @LONDE
         AGED ABOUT 67 YEARS,
         OCC: AGRICULTURE,

  2.     SRI. TATYASAHEB TANSEN
         @ ADIVESH SHEDSHYALE @ LONDE
         AGED ABOUT 43 YEARS,
         OCC: AGRICULTURE,

  3.     SRI. KAKASAHEB TANSEN
         @ ADIVESH SHEDSHYALE @ LONDE
         AGED ABOUT 38 YEARS,
                             2


         OCC: AGRICULTURE,
         ALL R/O AINAPUR,
         TQ. ATHANI, DIST. BELGAUM.     ....RESPONDENTS

(BY SRI. G.B.NAIK & SRI. P.G.NAIK, ADVOCATES)

     THIS APPEAL IS FILED UNDER SECTION 96 OF CODE
OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE
DATED 19.02.2015 PASSEDIN O.S.No.199/2007 ON THE FILE
OF PRINCIPAL SENIOR CIVIL JUDGE, ATHANI AND ETC.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, S.SUNIL DUTT YADAV J., DELIVERED THE
FOLLOWING:

                      JUDGMENT

A Memorandum of Agreement under Section 89 of

Code of Civil Procedure r/w Rules 24 and 25 of the

Karnataka Civil Procedure (Mediation) Rules, 2007 dated

06.12.2021 entered into between the parties has been

filed before the court today. The terms of compromise are

as follows:

" TERMS OF COMPROMISE

1. The said settlement is voluntary and it is not induced by fraud, misrepresentation, coercion or undue influence.

2. That the appellant herein has agreed to receive a sum of Rs.3,36,000/- as a full and final settlement with respect to her share in suit schedule property and also with respect to her claim in money recovery suit in O.S.No.118/2006 before the learned Addl. Senior Civil Judge filed by her claiming Rs.3,36,000/-

3. That the respondents have paid a sum of Rs.3,36,000/- on 07.12.2021 by way of cash and appellant herein acknowledges the receipt of the same and no separate receipt is issued forthwith.

4. That the appellant and respondents have agreed that the appellant shall not claim any right against respondents pursuant to the decree dated 19.04.2006 made in O.S.No.118/2006 passed by the learned Addl. Senior Civil Judge, Athani filed by the appellant herein against the very same respondents for recovery of sum of Rs.3,36,000/-

5. That the respondent no.2 has obtained Power of Attorney from respondent no.1

and 3 to enter into compromise, sign, appear before the appropriate Court on their behalf. The copy of POA dtd. 16.10.2021 obtained by the respondent no.2 is annexed herewith.

6. That the terms of the present compromise petition shall be binding on both the parties as well as upon the heirs, legal representatives, successors, assigns, agents and all the persons claiming under them.

7. That the terms of this compromise are read over to the parties and they have understood the same and the same are true and correct."

2. The parties have admitted the execution of

Memorandum of Agreement and the terms of compromise

petition. The respondent no.2 has obtained Power of

Attorney from respondent nos.1 and 3 to enter into

compromise. In terms of the compromise at Para 2,

a sum of Rs.3,36,000/- is paid by the respondents to the

appellant by way of cash, such payment is made in the

court which is acknowledged by affixing signatures in the

order sheet. By virtue of the said compromise, parties

submit that the dispute raised by them before the trial

court would stand settled, so also the appellant's claim for

recovery in O.S.No.118/2006.

3. Accordingly, the appeal is disposed of as settled

in terms of the Memorandum of Agreement. In effect the

settlement arrived at would result in confirmation of the

judgment of the trial court and as regards the claim of the

plaintiff is concerned, the same is addressed by an amount

of Rs.3,36,000/- that has been paid to the appellant.

Further, in terms of the settlement, claim of the appellant

as regards O.S.No.118/2006 is also settled. Office to draw

up decree in terms of the Memorandum of Agreement.

Sd/-

JUDGE

Sd/-

JUDGE

Np/-