Chandragouda S/O Shankargouda ... vs Rudrappa S/O Patryappa ...
2021 Latest Caselaw 1629 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 25TH DAY OF FEBRUARY, 2021

                             BEFORE

        THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

                       RSA No.5093/2013
BETWEEN:

Shri. Chandragouda S/o. Shankargouda Patil,
Age 59 years, Occ: Service (Teacher)
R/o. G.P.1141, College Road,
Nesaragi - 591121, Taluka : Bailhongal,
Dist. Belgaum.
                                                     ... Appellant
(By Sri. R.M.Kulkarni, Advocate)

AND

1.    Shri. Rudrappa S/o. Patryappa Hondappanavar,
      Age 68 years, Occ: Agriculture,
      R/o. G.P.1137, College Road,
      Nesaragi - 591121,
      Taluka : Bailhongal, Dist. Belgaum.

2.    The Secretary,
      Nesaragi Gram Panchayat,
      Nesaragi - 591121,
      Taluka : Bailhongal, Dist. Belgaum.

                                                 ... Respondents

(Sri. Balagouda A. Patil, Advocate for R1;
R2- served & unrepresented)
                                    2




      This RSA is filed under Section 100 r/w. Order XLI Rule 1 of
CPC, against the Judgment and Decree dated 08.11.2012 passed in
R.A.No.06/2012 on the file of the Senior Civil Judge, Bailhongal,
dismissing the appeal filed against the Judgment dated 02.02.2012
and the decree passed in O.S.no.253/2010 on the file of Principal
Civil Judge and JMFC Court, Bailhongal, dismissing the suit filed for
mandatory and permanent injunction.


      This RSA coming on for Admission this day, the court,
delivered the following:


                              JUDGMENT

This appeal is filed by plaintiff, challenging Judgment and

Decree dated 08.11.2012 passed in R.A.No.6/2012 dismissing

appeal and confirming Judgment and Decree dated 02.02.2012

passed by Principal Civil Judge & JMFC Court, Bailhongal, in

O.S.No.253/2010.

2. The civil suit filed by the plaintiff seeking for a decree of

mandatory injunction directing the defendant No.1 to close or

remove the two suit windows fixed up illegally in the ground floor

towards Northern side of the plaintiff's property as shown in the

rough hand sketch ABCD and EFGH in red colour annexed with the

plaint and for permanent injunction restraining the defendant No.1,

his agents, servants or anybody acting on his behalf from further,

fixing up illegal windows towards Northern side of the plaintiff

property in the first floor, by carrying out illegal construction. It was

dismissed and confirmed in appeal. Aggrieved by the same, plaintiff

is in second appeal before this Court.

3. During the pendency of this appeal and with the

intervention of village elders, parties have entered into

compromise, terms of which are set out in the compromise petition

filed before this Court by both the parties.

4. Both side parties are present before this Court and are

identified by their respective counsels.

5. On interaction with parties, they have stated that

compromise entered into between them is voluntary and without

any force or coercion by anyone. I have perused terms of the

compromise and they are lawful and in the interest of the parties.

Hence, the compromise petition is accepted.

6. Appeal is disposed of in terms of compromise petition.

7. Registry to draw decree incorporating terms of

compromise.

Sd/-

JUDGE

*Svh/-