Karnataka High Court
Paris Priest Church Kakti Gram ... vs Sri Amrut S/O Basavant Kambale 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.248/2006(MV)
BETWEEN:
PARIS PRIEST CHURCH, KAKTI,
GRAM PAN CHAYAT No.1575,
LAKSHMINAGAR FI RST CROSS , KAKATI,
TALUK AND DIST: BELGA UM,
BY ITS PRESENT PRIEST,
FATHER GEORGE, WILLIM,
AGED ABOUT 45 YEARS, R/O KAKATI,
TALUK AND DIST: BELGA UM-590006.
... APPELLANT
(BY SRI.SANJAY S . KATAGERI , ADV OCATE)
AND
1 . SRI AMRUT,
S/O BASAVANT KAMBALE
AGE: 38 YEARS ,
OCC:A GRICULTURE,
R/O 869/ 4, KAKATI,
TALUK AND DIST: BELGA UM-590006.
2 . SRI. CHANDRAKAN T,
SON OF OMANNA KAMBALE,
AGE: 32 YEARS ,
OCC: SERVICE,
R/O 869/A/3, KAKATI,
TALUKA AND DIST : BELGAUM-590006.
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3 . SRI. SIDARAI ,
SON OF OMANNA KAMBALE,
AGE 40 YEARS ,
R/O 869/A/3, KAKATI,
TALUKA AND DIST BELGAUM-590006.
4 . SRI. S UBHASH,
SON OF SIDDA PPA KAMBALE,
AGE 45 YEARS ,
R/O 869/A/3, KAKATI,
TALUKA AND DIST BELGAUM-590006.
5 . SRI. MALLESH,
SON OF SIDDA PPA KAMBALE,
AGE 29 YEARS ,
R/O 869/A/3, KAKATI,
TALUKA AND DIST BELGAUM-590006.
6 . SRI. S URESH,
SON OF OMANNA KAMBALE,
AGE 36 YEARS ,
R/O 869/A/3, KAKATI,
TALUKA AND DIST BELGAUM-590006.
7. HIRALAL,
S/O ARJ UN PATEL,
AGE 39 YEARS, OCC:A GRICULT URE
R/O R.S .No.31/ 18,
PRABHAT SAW MILL,
P.B.ROAD, KAKATI
DIST:BELAGUM .
8. BHARAT,
S/O ARJ UN PATEL,
AGE: 29 YEARS , OCC: AGRICULT URE,
R.S.31/18, PRABHAT SAW MILL,
P.B. ROAD , KAKATI, BELGA UM.
... RES PONDENTS
(BY SRI.MAHANTESH R.PATIL FOR
SRI.S.S .PATIL, AD VOCATE FOR R1 T O R6)
(BY SRI.J .S.S HETT Y, ADVOCATE F OR R7 AND R8)
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THIS MISC.FIRST APPEAL IS FI LED UNDER S ECT ION
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET
ASIDE THE J UD GMENT AND DECREE DAT ED 24.09.2005
PASSED IN R.A.N O.104 OF 1993 ON THE FILE OF THE III
ADDITIONAL CIVIL JUDGE, SENI OR DIVISION, BELGA UM
REVERSING T HE J UDGMENT AND D ECREE DATED 19.07.1993
PASSED IN O.S . NO.480 OF 87 ON THE FILE OF PRINCIPAL
MUNSIFF, BELGAUM, THE JUD GMEN T AND DECREE PA SSED IN
O.S .NO. 480 OF 87 BE RESTORED AND THIS A PPEAL BE
ALLOWED WITH COSTS THROUGHOUT IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDER THIS DAY, THE
COURT , D ELIVERED THE F OLLOWING:
JUDGMENT
This is an appeal filed by defendants challenging the
judgment and decree dated 24.09.2005 in RA
No.24.09.2005 passed by III Addl. Civil Judge, Senior
Division, Belgaum.
2. Shri Sanjay S Katagari advocate for appellant, Shri
Mahantesh R. Patil advocate for respondents no.1 to 6 and
Shri J.S Shetty advocate for respondents no. 7 & 8 jointly
submits that during pendency of this appeal, respondents
no.1 to 6 original plaintiffs have sold suit land in favour of
respondents no.7 and 8 herein, vide sale deed dated
26.2.2007 for consideration amount of Rs.60,000/-.
Thereafter, appellants herein and respondents no.7 and 8
have entered into a compromise with regard to the subject
matter of this appeal. A compromise petition stating the
terms of compromise is filed.
3. As per terms of compromise, parties have agreed
that appellant would retain an extent of 9 guntas of land
in R.S.No.31/19 including the well, the southern portion of
14 guntas as per chakbandi and respondents no.7 and 8
would retain 5 guntas on northern side of R.S.No.31/19 of
Kakati village. They have produced PT sheet of
R.S.No.31/19 and a site map of property showing
respective holding as per agreement.
4. Appellant is a Church represented by Father Franki
Lobo. Authorization letter is also annexed to compromise.
Respondents no.7 and 8 are present in person. Parties are
identified by their respective counsel. Parties present in
the Court have stated that compromise has been entered
into out of their own free will without any threat, coercion
or inducement.
5. I have perused the terms of compromise. Terms are
lawful and in the best interest of the parties. Compromise
petition is signed by parties as well as by their respective
counsel including respondents no.1 to 6 herein.
6. Accepting the compromise, appeal is disposed of in
terms of compromise.
7. Registry to draw decree incorporating terns of
compromise.
8. In view of compromise, I.As. would render
infructuous.
Sd/-
JUDGE
H MB
