Smt.Renuka D/O. Ramachandra ... vs Sri.Siddarameshwar S/O. ...
2021 Latest Caselaw 2822 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

             DATED THIS THE 15TH DAY OF JULY 2021

                            BEFORE

            THE HON'BLE MR. JUSTICE P. KRISHNA BHAT


                    RSA NO.100966 OF 2018

BETWEEN:

1.   SMT. RENUKA D/O RAMACHANDRA NARAGUND
     AGE:45 YEARS,OCC:HOUSEHOLD,
     R/O GOPANKOPPA, HUBLI.

2.   SMT. MANJULA W/O NAGARAJ G.V.
     AGE:47 YEARS, OCC:HOUSEHOLD,
     R/O GOPANKOPPA, HUBLI.

3.   SRI. MANJUNATH S/O RAMACHANDRA NARAGUND
     AGE:43 YEARS,OCC:AGRICULTURE,
     R/O GOPANKOPPA, HUBLI.

4.   SRI.ANNAPPA S/O RAMACHANDRA NARAGUND
     AGE:40 YEARS, OCC:AGRICULTURE,
     R/O GOPANKOPPA, HUBLI.

5.   SMT. MAHALAXMI W/O BASAVARAJ CHADAL
     AGE:38 YEARS, OCC:HOUSEHOLD,
     R/O GOPANKOPPA, HUBLI.

6.   SMT. VANAJAXI W/O TIMMANNA KURTAKOTI
     AGE:37 YEARS, OCC:HOUSEHOLD,
     R/O GOPANKOPPA, HUBLI.
                                                      ...APPELLANTS
(APPELLANT NO.1-DECEASED)

(BY SMT. ASHA SUDHINDRA KOPPAR & SRI. S.V. KOPPAR, ADVOCATES)
                                2


AND:

1.     SRI. SIDDARAMESHWAR S/O YALLAPPA
       HADIMANI, AGE:55 YEARS, OCC:AGRICULTURE,
       R/O GOPANKOPPA, HUBLI.

2.     SMT. LAXMAVVA W/O VISHNU HADIMANI
       AGE:55 YEARS, OCC:AGRICULTURE,
       R/O GOPANKOPPA, HUBLI.

3.     SMT. SHOBHA D/O VISHNU HADIMANI
       AGE:27 YEARS, OCC:STUDENT, R/O GOPANKOPPA,
       HUBLI.

4.     SRI. MANJUNATH S/O VISHNU HADIMANI
       AGE:25 YEARS, OCC:STUDENT,
       R/O GOPANKOPPA, HUBLI.

5.     SRI. VASANT S/O VISHNU HADIMANI
       AGE:24 YEARS, OCC:STUDENT,
       R/O GOPANKOPPA, HUBLI.

6.     SRI. KAMALNAYAN S/O KANTILAL MEHATA
       AGE:65 YEARS, OCC:BUSINESS,
       R/O ADARSH NAGAR, HUBLI.

7.     SMT. YALLAVVA W/O HANUMANTHAPPA WADDAR
       AGE:70 YEARS, OCC:AGRICULTURE & HOUSEHOLD,
       R/O HOSUR, HUBLI.

8.     SATYANARAYAN PREMANATHSA RAIBAGI
       AGE:47 YEARS, OCC:BUSINESS,
       R/O BEHIND VRL HOUSE, NAVEEN PARK,
       KESHWAPUR, HUBLI.
                                                 ...RESPONDENTS
(BY SRI.SANTOSH NARAGUND, ADV. FOR R1 TO R5 & R7)
(SRI. A.R. PATIL, ADV. FOR R6)
(SRI. LINGESH V KATTIMANI, ADV. FOR R8)

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC READ WITH
ORDER XLI RULE 1 OF CPC PRAYING THAT THE APPEAL BE ALLOWED AND
THAT THE JUDGMENT AND ORDER DATED 20.03.2018 PASSED BY THE
HON'BLE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING
                                  3


AT HUBLI IN RA NO.99/2013 MAY PLEASE BE SET-ASIDE AND REGULAR
APPEAL NO.99/2013 OF RESPONDENTS 1 TO 6 HEREIN BE REJECTED AND
THEREBY CONFIRMING THE JUDGMENT AND DECREE PASSED IN OS
NO.402/2007 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND
JMFC, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:

                            JUDGMENT

Appellant No.1-Smt. Renuka D/o Ramachandra

Naragund has passed away. Appellant No.2-Smt.Manjula

W/o Nagaraj G.V., Appellant No.3-Sri.Manjunath S/o

Ramachandra Naragund, Appellant No.4-Sri. Annappa S/o

Ramachandra Naragund, Appellant No.5-Smt.Mahalaxmi

W/o Basavaraj Chadal and Appellant No.6-Smt. Vanajaxi

W/o Timmanna Kurtakoti are present before the Court

along with their learned counsel Sri. S.V. Koppar.

2. Respondent No.1-Siddarameshwar S/o Yallappa

Hadimani, Respondent No.2-Smt. Laxmavva W/o Vishnu

Hadimani, Respondent No.4-Sri. Manjunath S/o Vishnu

Hadimani, Respondent No.5-Sri. Vasant S/o Vishnu

Hadimani, Respondent No.6-Sri. Kamalnayan S/o Kantilal

Mehata, Respondent No.7-Smt. Yallavva W/o

Hanumanthappa Waddar and Respondent No.8-Sri.

Satyanarayan Premanathsa Raibagi are present before the

Court. Respondent No.3-Smt. Shobha D/o Vishnu

Hadimani appeared through Whatsapp video call. Learned

counsel appearing for respondents No.1 to 5 and 7 is

present. Learned counsel appearing for respondent No.6

and learned counsel appearing for respondent No.8 are

also present.

3. Appellants 2 to 6 and respondents 1 to 8 have

filed compromise petition under Order XXIII Rule 3 of CPC

praying for passing of decree in terms of compromise

petition.

4. I have perused the compromise petition and terms

of the compromise entered therein.

5. Parties on both sides submit that they have

understood the terms of compromise recorded in the

compromise petition and after such understanding, they

have agreed to the same and in token thereof they have

affixed their signatures and thumb marks. I am satisfied

that they have understood the terms of compromise

petition and they are satisfied that compromise petition is

in their best interest and accordingly, they have signed

the same. Respondent No.3-Smt. Shobha D/o Vishnu

Hadimani who appeared through Whatsapp video call has

informed the Court that she has understood the terms of

compromise petition and on account of vaccination taken

by her yesterday evening, she was not keeping good

health, therefore she was prevented from appearing

before this Court. She further submitted that she is

completely in agreement with the compromise and that it

is in her best interest.

6. In view of the above, I permit the parties to enter

into the compromise in terms of compromise petition.

Accordingly, the compromise petition is taken on record.

Hence, the following:

ORDER

a) The above appeal is allowed in terms of

the compromise petition.

b) Decree shall be drawn up accordingly.

c) Compromise petition shall be made as

part of the decree.

d) Registry shall calculate Court fee and if

any deficit Court fee is to be paid, the

same shall be made good before the

decree is signed.

      e) Pending   applications,        if   any,   do   not

        survive        for         consideration         and

accordingly, they are disposed of.

Sd/-

JUDGE

JTR