Iranna @ Jaydev S/O Gurappa ... vs Sangappa S/O Gurappa Bagalkot
2021 Latest Caselaw 2776 Kant

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       IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH
     DATED THIS THE 12TH DAY OF JULY, 2021
                         PRESENT
      THE HON'BLE MR. JUSTICE R.DEVDAS
                           AND
      THE HON'BLE MS. JUSTICE J.M.KHAZI
             R.F.A. NO.100107/2015
           C/W R.F.A. NO.100248/2016

R.F.A. NO.100107/2015:

BETWEEN
IRANNA @ JAYDEV S/O GURAPPA BAGALKOT
AGE:47 YEARS, OCC. OPRIVATE SERVICE
R/O C/O M.G. SEREGOND, GUMASTAR COLONY
ASHRAM ROAD, VIJAYAPUR, DISTRICT VIJAYAPUR
                                                ...APPELLANT
(BY SRI. NARAYAN G. RASALKAR, ADV.)

AND
1.     SANGAPPA S/O GURAPPA BAGALKOT
       AGE 60 YEARS, OCC. A.S.I KESHWAPUR POLICE STATION
       R/O JOLAD ONI, NEAR MALAGI CHAWL, HUBBALLI

2.     TARABAI W/O MAHALINGAPPA BALIKAI
       AGE:67 YEARS, OCC. HOUSEHOLD WORK
       R/O BHAGWATI, TALUKA AND DISTRICT, BAGALKOT

3.    MALLAVVA W/O DEVARATNA BALIKAI
      AGE:65 YEARS, OCC. HOUSEHOLD WORK
      R/O GANESH NAGAR, VIJAYAPUR, DISTRICT VIJAYAPUR
                                            ...RESPONDENTS
(BY SRI.SANTOSH NARAGUND, ADV. FOR R1,
R2 AND R3 ARE SERVED)
      THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER
41, RULES 1 & 2 OF CPC., 1908, READ WITH SECTION 5(i) OF THE
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KARNATAKA HIGH COURT ACT, 1961, AGAINST THE JUDGMENT
AND DECREE DATED 21.01.2015, PASSED IN OS.NO.81/2013, ON
THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI,
PARTLY DECREEING THE SUIT FILED PARTITION AND SEPARATE
POSSESSION AND PERMANENT INJUNCTION.

R.F.A. NO.100248/2016:

BETWEEN
SHRI.SANGAPPA S/O GURAPPA BAGALKOT,
AGE 61 YEARS, OCC GOVT. SERVICE,
R/O JOLAD ONI, NEAR MALAGI CHAWL,
HUBBALLI.
                                                ...APPELLANT
(BY SRI. SANTOSH NARAGUND, ADV.)

AND
1.    SHRI.IRANNA @ JAYDEV S/O GURAPPA BAGALAKOT,
      AGE 48 YEARS, OCC PVT. SERVICE,
      R/O C/O M.G. SEREGOND, GUMASTAR COLONY,
      ASHRAM ROAD, VIJAYAPURA 586101,
      DIST. VIJAYAPUR.

2.    SMT.TARABAI W/O MAHALINGAPPA BALIKAI,
      AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
      R/O: BHAGAVATI 587101, TQ. & DIST. BAGALKOTE.

3.    SMT.MALLAVVA W/O DEVARATNA BALIKAI,
      AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
      R/O: GANESH NAGAR, VIJAYAPURA 586101,
      DIST. VIJAYAPUR.
                                              ...RESPONDENTS
(BY SRI. NARAYAN G. RASALKAR, ADV. FOR R1,
R2 SERVED)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 21.01.2015 PASSED IN O.S.
NO.81/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE, HUBBALLI, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION AND PERMANENT
INJUNCTION.

      THESE REGULAR FIRST APPEALS COMING ON FOR HEARING
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING
THIS DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:
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                            JUDGMENT

R.DEVDAS J., (ORAL):

The appellant/plaintiff and respondent No.1/defendant

No.1 have filed a compromise petition under Order 23 Rule 3

of CPC agreeing to divide the immovable property bearing

block Survey No.22 K Hissa 1 - 2 measuring 12 metres on the

north and south portions, while the property measures 22.50

metres on the eastern side and 21 metres on the western

side. The appellant and respondent No.1 have agreed to divide

the property into two i.e., 'Part A' and 'Part B'. 'Part A'

measuring 6.5 X 22.5 metres (on the western side it may be a

little lesser than 22.5 metres); and 'Part B' measuring 6.5 X

21 metres (on the eastern portion it may be a little more than

21 metres). 'Part A' shall be taken by

Iranna/appellant/plaintiff, while 'Part B' shall be taken by

Sangappa/respondent No.1/defendant No.1 in the suit.

The said property was jointly allotted to the plaintiff and

defendant No.1 as a result of oral family arrangement and the

dispute was restricted only to that portion of the property. The

other defendants remained ex parte both before the Trial

Court as well as before this Court.

Consequently, the appeal as against respondent

No.2/Tarabai and respondent No.3/Mallavva stands dismissed.

The appellant/plaintiff and respondent No.1/defendant

No.1 have agreed that they shall jointly share the expenses of

sub division of the plot and have agreed to protect the rights

of each other, if there is any dispute or litigation at the hands

of any other persons.

The appellant/plaintiff/Iranna and respondent

No.1/defendant No.1/Sangappa are present before the Court.

The contents of the compromise petition are read over and the

parties admit that they have understood the terms of the

compromise petition.

Consequently, the suit filed by the plaintiff in O.S.

No.81/2013 stands decreed in terms of the compromise

petition.

The final decree shall accordingly be drawn.

The parties shall affix their signature to the order sheet

and the learned counsel will identify the signatures.

It is ordered accordingly.

Sd/-

JUDGE

Sd/-

JUDGE Rsh