Smt.Balawwa vs Shri.Girimalla
2021 Latest Caselaw 603 Kant

                             1




            IN THE HIGH COU RT OF KARNAT AKA
                    DHARWAD B ENCH


       DATED THIS THE 11 T H DAY OF JANUARY, 2021


                         PRESENT


 THE HON'B LE MR. JU ST ICE SREENIV AS HARISH KUMAR

                           AND

           THE HON'B LE MR. JU ST ICE P.N.DESAI


         REGU LAR FIRST A PPEAL NO.100254/ 2016


B ETWEEN:

1.     SMT.B ALAWWA
       W/O. PARAMANAND ITANI,
       AGED ABOUT 36 YEARS,
       OCC: H/W AND AGRICULTU RE,
       R/O: B ELAGALI, TQ: MU DHOL,
       DIST: B AGALKOT E.

2.     SMT.MAHADEVI
       W/O. SUBASH HEGGANNAVAR,
       AGE AB OU T 46 YEARS,
       OCC: AGRICULTU RE AND H/W,
       R/O: RAIB AG, NOW AT KABB U R,
       TQ: CHIKOD I, DIS T: B ELAGAVI.
                                          ...APPELLANT S.


(B Y SHRI MRU TYUNJAY T AT A B ANGI, ADVOCATE.)

AND:

1.     SHRI G IR IMALLA
       S/O B HIMAPPA MATHAD,
       AGED ABOUT 51 YEARS,
                              2




     OCC: AGRICULTU RE,
     R/O: MANTUR, T Q: RAIBAG,
     DIST: B ELAGAVI- 589001.

2.   SHRI S IDDAPPA
     S/O. B HIMAPPA MATHAD,
     AGED ABOUT 41 YEARS,
     OCC: AGRICULTU RE,
     R/O: MANTUR, T Q: RAIBAG,
     DIST: B ELAGAVI- 589001.
                                            RESPOND ENT S.

(B Y SRI DINESH M KULKARNI, ADVOCAT E, FOR R.1;
SHRI RAJUL R., ADVOCATE, FOR R.2.)


      THIS REGU LAR F IRST A PP EAL IS FILED UNDER
SECTION 96 OF CPC, PRAYING TO MODIFY THE
JUDGMENT AND DECREE DATED 4.12.2015, PASSED IN
O.S.NO.41/ 2013 B Y THE SENIOR CIV IL JU DGE AND JMFC,
RAIB AG, B Y GRANTING SHARE A S PRAYED IN T HE
PLAINT, ETC.,.

     THIS  AP PEAL COMING    ON  FOR    REPORTIN G
SETTLEMENT T HIS DAY, SRI P.N.DESAI, J, DELIVER ED
THE FOLLOW ING:


                       JUDGMENT

Both the appellants and respondents are

present. Their respective counsel are also present.

2. Both parties have filed a compromise

petition under Order 23 Rule 3 of Code of Civil

Procedure. The said compromise petition is signed by

both side parties to the appeal and their respective

counsel. The contents of the said compromise

petition are read over and explained to them in

Kannada language known to them. They admit the

contents to be true and correct and also admit their

signatures on it. Appellants No.1 and 2 admit receipt

of the amount mentioned in the compromise petition

by way of demand drafts handed over to them before

the Court. Both appellants have also admitted that

they have already received cash of `5,00,000/- (five

lakh rupees) at the time of mediation before elders.

3. Both the respondents have divided the

property given to their share between themselves as

mentioned in Part-II of the compromise petition. The

division of shares between them is shown in four

maps or sketches that are annexed to the said

compromise petition. The said maps shall be the part

of the compromise petition.

4. We are satisfied that the compromise is

with free will and voluntary one, and the same is not

opposed to public policy and law. Hence the said

compromise is accepted. Draw final decree in terms

of the compromise petition.

5. The appeal stands disposed of in terms of

the compromise petition.

Sd/-

JUDGE

Sd/-

JUDGE

Mrk/-