Baburao S/O Venkappa Balulad vs Sanjeevraddi Baburao Balulad
2021 Latest Caselaw 6862 Kant

                              1


             IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

       DATED THIS THE 20TH DAY OF DECEMBER, 2021

                        PRESENT
       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                          AND
           THE HON'BLE MR.JUSTICE S. RACHAIAH

              R.F.A. No. 100093/2021 (DEC/INJ)
BETWEEN:

BABURAO S/O VENKAPPA BALULAD,
AGED ABOUT 83 YEARS, OCC.: AGRICULTURE,
R/O MUDHOL, DISTRICT BAGALKOT-587 101.
                                            -     APPELLANT
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

AND:

1.     SANJEEVRADDI BABURAO BALULAD,
       AGED ABOUT 44 YEARS, OCC: SERVICE,
       R/O C/O UNITED SPIRIT LIMITED,
       KBD DISTLLIRIES, NOOLVI, HUBBALLI,
       DISTRICT DHARWAD, PRESENTLY
       RESIDING AT BELAVADI BUILDING,
       OPP. ITI COLLEGE, RENUKA NILAYA,
       MICHIGAN COMPOUND, SAPTAPUR,
       DHARWAD-580 001.

2.     THE SPECIAL LAND ACQUISITION OFFICER,
       UPPER KRISHNA PROJECT, ALAMATTI,
       DISTRICT-BAGALKOT 587 101.

3.    THE ASSISTANT COMMISSIONER,
      JAMAKHANDI, DISTRICT-BAGALKOT 587 101.
                                         -     RESPONDENTS
(BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR C/R1)
                              2

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
R/W ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 20.04.2021 PASSED IN O.S. NO. 81/2016 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL &
ETC.

      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS
DAY, S.SUNIL DUTT YADAV J., PASSED THE FOLLOWING:

                     ORDER

Both parties are present. Matter was referred for

mediation and pursuant to the mediation process terms of

settlement have been agreed upon and reduced in the form

of memorandum of agreement under Section 89 of CPC r/w

Rule 24 and 25 of the Karnataka Civil Procedure Mediation

Rules, 2007. Both parties had been explained the terms of

settlement in the language known to them and they have

agreed for the terms of compromise. The terms of

settlement being legal, the same is accepted.

In terms of the settlement arrived at, the appellant

has agreed to give up the claim in so far as the suit

properties are concerned and the respondent has in turn

agreed to pay a sum of `30 lakhs out of the amount of

compensation deposited in LAC No. 750/2020 pending on

the file of the Court of the First Addl. & Sessions Judge,

Bagalkot sitting at Jamkhandi.

In the light of the terms of settlement as reproduced

above, the present appeal is disposed off. Consequently,

dismissal of O.S. No. 81/2016 would stand affirmed.

SD JUDGE

SD JUDGE

bvv