Karnataka High Court
Kallavva W/O. Shivanagouda Patil vs Fakkirappa S/O. Parasappa ... on 12 July, 2021
Author: R.Devdas And J.M.Khazi
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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.100024/2014
BETWEEN
KALLAVVA W/O. SHIVANAGOUDA PATIL
AGE: 57 YEARS, OCC: HOUSEHOLD WORK
R/O. CHAKALABBI, TQ: KUNDGOL
DIST: DHARWAD 581113
...APPELLANT
(BY SRI. SUNIL S. DESAI AND
SRI.PRAKASH ANDANIMATH, ADVS.)
AND
1. FAKKIRAPPA S/O. PARASAPPA SURANAGI
1A. KASAVVA W/O. FAKKIRAPPA SURANAGI
AGE 60 YEARS OCC HOUSEHOLD WORK
R/O. BARADWAD, TQ KUNDGOL
DIST DHARWAD 581113
2. SHIVAJEPPA S/O. FAKKIRAPPA SURANAGI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. BARADWAD, TQ: KUNDGOL
DIST DHARWAD 581113
3. RAVI S/O. FAKKIRAPPA SURANAGI
AGE: 33 YEARS, OCC: AGRICULTURE
2
R/O. BARADWAD, TQ: KUNDGOL
DIST DHARWAD 581113
4. MANJAVVA W/O. BASAVARAJ NAIKAR
AGE: MAJOR OCC: HOUSEHOLD WORK
R/O. SAUNSHI, TQ: KUNDGOL
DIST: DHARWAD 581117
5. PREMAVVA W/O. SAKRAPPA NAIKAR
AGE: MAJOR OCC: HOUSEHOLD WORK
R/O. SAUNSHI, TQ: KUNDGOL
DIST: DHARWAD 581117
6. NAGAVVA D/O. FAKKIRAPPA SURANAGI
AGE: 32 YEARS, OCC: HOUSEHOLD WORK
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD 581113
7. SUMA D/O. FAKKIRAPPA SURANAGI
AGE: 30 YEARS, OCC: HOUSEHOLD WORK
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD 581113
8. BHARATI D/O. ADIVEPPA KOUJALAGI
AGE: 39 YEARS, OCC: HOUSEHOLD WORK
R/O. SAVADATTI DIST: BELGAUM
PRESENTLY R/AT: H NO. 75, SHAKTINAGAR,
GOKUL ROAD, HUBLI DIST: DHARWAD 580020
9. MANJUNATH S/O. MAHADEVAPPA YALAVIGI
AGE: 26 YEARS, OCC: AGRICULTURE
R/O. BARADWAD,TQ: KUNDGOL
DIST: DHARWAD PIN 581113
10. SOMAPPA S/O.MAHADEVAPPA YALAVIGI
AGE: 29 YEARS, OCC: AGRICULTURE
R/O. BARADWAD,TQ: KUNDGOL
DIST: DHARWAD PIN 581113
11. GANGAPPA S/O. BASAVANNEPPA BHADRAPUR
AGE: 40 YEARS, OCC: AGRICULTURE
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD PIN 581113
12. SANGAPPA S/O. BASAVANNEPPA BHADRAPUR
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AGE: 29 YEARS, OCC: AGRICULTURE
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD PIN 581113
13. RENUKA D/O. MAHADEVAPPA YALAVIGI
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD PIN 581113
14. HANAMANTAPPA S/O. RAMAPPA BUDIHAL
AGE: MAJOR, OCC: AGRICULTURE
R/O. KOLIWAD, TQ: HUBLI
DIST: DHARWAD PIN 582226
15. KALLAPPA S/O. RAMAPPA BUDIHAL
AGE: MAJOR, OCC: AGRICULTURE
R/O. KOLIWAD, TQ: HUBLI
DIST: DHARWAD PIN 582226
16. MALLAPPA S/O. REVANEPPA ANNIGERI
AGE: 45 YEARS, OCC: AGRICULTURE
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD PIN 581113
17. NAGAPPA S/O. BASAPPA BAGALKOT
AGE: 37 YEARS, OCC: AGRICULTURE
R/O. BARADWAD, TQ: KUNDGOL
DIST: DHARWAD PIN 581113
...RESPONDENTS
(BY SRI.MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR
R1A, R2 TO R7,
SRI.SANTOSH MANE, ADV. FOR R8 TO R13 & R16,
SRI.P.S.NAREGAL, ADV. FOR R14 & R15,
R17 SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.09.2013
PASSED IN O.S. NO.156/2008 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE, HUBLI, DISMISSING THE SUIT FILED FOR
DECLARATION PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL 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(a)
Smt.Kasavva alongwith respondent Nos.2 to 7 have filed a
compromise petition under Order 23 Rule 3 of CPC. The
parties are present before the Court. As per the compromise
petition, the appellant/plaintiff has agreed to take item No.7 in
suit 'A' schedule property which is an agricultural land bearing
Sy. No.133/2 measuring 6 acres and 2 guntas out of 12 acres
and 2 guntas of land in lieu of her share in the suit schedule
properties. However, it is also stated that respondent Nos.1(a)
to 7 have mortgaged the said land to Dyamanna Dodamani
and Rudrappa Kori, who have received `5,00,000/-. The
mortgage money is agreed to be refunded on or before Ugadi
festival 2022. Respondent Nos.1(a) to 7 undertake to refund
the said mortgage money and deliver the possession of the
said land to the appellant on or before Ugadi festival 2022. In
the event respondent Nos.1(a) to 7 fail to deliver possession
to the appellant, the appellant will be at liberty to execute this
decree and respondent Nos.1(a) to 7 will undertake to pay the
mortgage money.
2. Respondent Nos.2 and 3 have taken loan on the
same piece of land i.e., 6 acres 2 guntas of Sy. No.133/2
situated at Barawad and have undertaken to clear the
outstanding loan on the said land and clear the encumbrance
before Ugadi festival 2022. Further respondent Nos.1(a) to 7
which includes respondent Nos.2 and 3 have undertaken to
redeem the mortgage and to clear the outstanding loan and
clear the encumbrance in respect of the property now allotted
to the share of the appellant/plaintiff.
3. The appellant/plaintiff has agreed to give up her
rights in respect of other suit schedule properties in lieu of the
allotment of the share as noted above.
4. A memo dated 12.07.2021 is also filed at the
hands of the appellant/plaintiff stating that since she is
satisfied with the allotment of her share, she gives up the
appeal against respondent Nos.8 to 17, who were purchasers
of the item No.5 in schedule 'A' of the suit schedule
properties.
5. The contents of the compromise petition have
been read over to the parties who are present before the
Court and all they have admitted that they have understood
the contents of the compromise petition.
Accordingly, the suit filed by the plaintiff is decreed in
terms of the compromise petition.
Final decree shall be drawn accordingly.
The parties are directed to affix their signatures in the
order sheet and the learned counsels will identify the
respective signatures.
Sd/-
JUDGE
Sd/-
JUDGE
Rsh
