Karnataka High Court
Hanamant S/O Shivappa ... vs Mallappa S/O Shivappa ... on 20 December, 2021
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20 T H DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
R.S.A.No.100542/2019
BETWEEN:
HANAMANT S/O S HIVAPPA UPPALAD INNI,
AGE: 65 YEARS , OCC: A GRICULTURE,
R/O: KALAHALLI , TQ: JAMKHANDI,
DIST: BAGALK OT-587301.
... APPELLANT
(BY SRI.GIRISH R. YADAWAD, ADV OCATE)
AND
MALLAPPA S/ O SHI VAPPA UPPA LADIN NI,
AGE: 60 YEARS , OCC: A GRICULTURE,
R/O: KALAHALLI , TQ: JAMKHANDI,
DIST: BAGALK OT-587301.
... RES PONDENT
(BY SRI.ANIL KALE, ADV OCATE)
THIS RSA IS FILED UNDER S ECTION .100 OF CPC,PRAY ING
TO ALLOW THE A PPEAL AND S ET A SIDE THE DECREE DATED
12.02.2019 PASS ED BY THE ADDL. SENIOR CIVIL JUDGE,
JAMKHANDI, IN RA NO. 38/2017 CONFIRMING THE J UDGMENT
AND DECREE DATED 24.10.2017 PASSED BY THE PRL. CIVIL
JUDGRE AND JMFC, JAMKHANDI, IN O.S .No.101/ 2014.
2
THIS APPEAL COMING ON FOR ORDER THIS DAY, THE
COURT , D ELIVERED THE F OLLOWING:
JUDGMENT
On 17.12.2021, when the matter was listed, counsel
for the parties stated that matter was settled between the
parties. However, one of the terms of settlement was
beyond subject matter of the suit. As parties consented,
matter was referred for mediation.
2. Report is recieved from mediation centre that
parties have arrived at settlement, concurring with the
terms of compromise.
3. Parties are present before the court and identified
by respective counsel.
4. I have perused the terms of settlement. The
parties have affirmed that compromise was entered into
on their own volition without any threat, coercion and
inducement of any party.
5. Term of settlement are in best interest of parties
and lawful The same are extracted below:
"2. A ppe lla nt has agreed that suit land
bearing R.S .No.88/ 1, measuring 1A-08 Gts
situate d at village Kalahalli village , Tq:Jamkhandi,
Dist: Bagalko t is unde r exclusive ownership and is
in possession of respondent/ defe ndant. Further
appe llant/ Plaintiff has agreed and confirm the
partitio n took place unde r mutation entry i.e.
M.R.No .3823 date d: 23.05.2003 be tween appe llant
and respondent. Furthe r appe llant agrees that,
defendant is exclusive owne r and in possession of
land be aring R.S .No.88/ 1 total measuring 7A-
08gts situate d at village Kalahalli, T q:Jamakhandi,
Dist: Bagalko t and similarly respondent/ defendant
agrees and confirm that the appe llant is e xclusive
owner in possession of land bearing R.S.No .88/ 3
total measuring 4A-00 Gts o f Kalahalli village,
Tq:Jamakhandi, D ist:Bagalko t. I n vie w o f this
compro mise, the appe llant do he re by agrees and
accepts the Judgment and decree passe d in
O.S .No.101/ 2014 and R.A .No.38/ 2017 and he will
abide by the same ."
Compromise petition acce pte d.
Appeal is disposed of in terms o f co mpro mise .
Registry to draw the decree incorporating te rms of
compro mise.
Sd/-
JUDGE
H MB
