Karnataka High Court
B Prashanti W/O. Tirupati Reddy vs Ravindra S/O. Dundappa Katodi on 15 December, 2021
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE RAVI V. HOSMANI
REGULAR FIRST APPEAL NO.4016/2012
BETWEEN:
B. PRASHANTI W/O. TIRUPATI REDDY
AGE: 40 YEARS
OCC: HOUSEHOLD WORK
R/O. SAMPIGE NAGAR, KELAGERI ROAD
DHARWAD, REP. BY HER GPA HOLDER,
SHRI B. TIRUPATI REDDY S/O. B. SIDDA REDDY
AGE: 47 YEARS, OCC: CONTRACTOR,
R/O. SAMPIGE NAGER, KELAGERI ROAD.
...APPELLANT
(BY SHRI B.V.SOMAPUR, SHRI C.B.SHAKUNAVALLI, SHRI S.M.NADAF
AND SHRI R.P.UGARGOL, ADVOCATES)
AND:
1. RAVINDRA S/O. DUNDAPPA KATODI
AGE: 49 YEARS, OCC: PRIVATE SERVICE
R/O. AMARNAGAR, SUTAGATTI
TQ. AND DIST: DHARWAD.
2. MAHADEVI GURAPPA SIDDAMANI
AGE: 59 YEARS, OCC: BUSINESS
R/O. AMARNAGAR, SUTAGATTI
TQ. AND DIST: DHARWAD.
3. ARUNA W/O. SHANKAR GARGI
AGE: 47 YEARS, OCC: HOUSEHOLD WORK
R/O. GUTTAL, TQ AND DIST: DHARWAD.
4. NEELAWWA W/O DUNDAPPA KATODI
AGE: 79 YEARS, OCC: HOUSEHOLD WORK,
2
R/O. SAMPIGE NAGAR,
OPP. SHANTINIKETAN NAGAR,
KELAGERI-SADHANKERI ROAD, DHARWAD,
TQ: & DIST: DHARWAD.
(DECEASED, REP. BY HER LEGAL HEIRS
WHO ARE ALREADY ON RECORD AS
RESPONDENTS NO.1 TO 3 AND 5 HEREIN.)
5. MAHALINGESHWAR
S/O DUNDAPPA KATODI
AGE: 50 YEARS, OCC: BUSINESS
R/O. SAMPIGE NAGAR,
OPP. SHANTINIKETAN NAGAR,
KELAGERI-SADHANKERI ROAD, DHARWAD,
TQ: & DIST: DHARWAD.
6. SHANTAYYA S/O.SHIVAPUTRAYYA HIREMATH
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. KELAGERI, DHARWAD.,
7. IRAYYA S/O. SHIVAPUTRAYYA HIREMATH
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KELAGERI, DHARWAD.
8. ANAND S/O.PADMAPPA JAINER
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O.KELAGERI, DHARWAD.
9. KALLAPPA S/O. PADMAPPA JAINER
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O.KELAGERI, DHARWAD.
10. DEVENDRAPPA S/O.PADMAPPA JAINER
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O.KELAGERI, DHARWAD.
...RESPONDENTS
(BY SHRI B.K.MALLIGWAD, ADVOCATE, FOR R.1 TO R.3;
SHRI D.B.KALLANGOUDAR, ADVOCATE, FOR R5;
SHRI ANAND BAGEWADI, ADVOCATE, FOR R6 & R7;
SHRI GIRISH S. HIREMATH, ADVOCATE, FOR R.8 TO R.10;
R.4 - DECEASED, REP. BY R.1 TO R.3 AND R.5.)
3
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1980, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
09.01.2012 PASSSED IN O.S.NO.61/2008, ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD, ETC.,.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant and respondents filed a
compromise petition signed by all parties and their respective
counsel and submitted that parties have entered into a
compromise and terms of compromise are reduced into writing.
Parties are present before the Court and they are identified by
their respective counsel.
2. I have perused the compromise petition. The parties
are present in Court, identified by their respective counsel. They
stated that the compromise petition has been read over and
explained to them in Kannada language known to them. They
accept the same as true and correct and that compromise has
been entered into voluntarily without any force, undue influence
or coercion. The terms are lawful, bona fide and in the best
interest of parties. Hence, compromise is accepted.
3. The consideration amount of * forty lakh rupees as
mentioned in compromise petition is paid by appellant to
respondents no.2 and 3 by way of *four cheques as mentioned
in compromise petition. Respondents and their counsel
acknowledge receipt of cheques subject to realization.
4. It is stated that amount of Rs.3,34,530/- is
deposited by plaintiff no.1 Ravindra. All the parties agree that
he would be entitled to receive or withdraw the same from this
Court.
5. In view of above compromise, impugned decree is
set aside. Appeal is disposed of in terms of compromise petition.
Registry to draw decree accordingly.
Since parties have entered into compromise, registry is
directed to refund admissible Court fee to appellant.
Sd/-
JUDGE
Mrk/-
* Corrected vide Court
order dated 11.03.2022
sd/-
(RVHJ)
