Raghunath Maruti Pawar vs Vishnu Annappa Sankapal
2021 Latest Caselaw 1802 Kant

       IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

      DATED THIS THE 22ND DAY OF MARCH, 2021

                      BEFORE

    THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO


               R.S.A.NO.1626/2005

BETWEEN:

1. SRI RAGHUNATH MARUTI PAWAR
AGED 60 YEARS
RESIDING AT HITANI
(MHASOBACHI)
TALUKA: HUKKERI -591225

2. SRI MANOHAR MARUTI PAWAR
AGED 58 YEARS
OCC: TRUCK DRIVER & AGRICULTURE
REST: -DO-

3. SRI SHANKAR ANNAPPA SANKAPAL
AGED 60 YEARS
R/O NANGANUR
TALUKA : CHIKODI -591201

4. SRI SHIVA ANNAPPA SANKAPAL
SINCE DECEASED, BY LRS

4A. SMT.SHALUBAI
W/O SHIVA SANKAPAL
AGED 60 YEARS
OCC; HOUSEWIFE
R/AT PADALIHAL VILLAGE,
                          2


TQ. CHIKODI
DIST. BELGAUM

4B. SUHAS
S/O SHIVA SANKAPAL
AGED 44 YEARS
OCC: AGRICULTURE
R/O PADALIHAL VILLAGE,
TQ. CHIKODI
DIST. BELGAUM

4C. SAGAR
S/O SHIVA SANKAPAL
AGED 39 YEARS
OCC: AGRICULTURE
R/O PADALIHAL VILLAGE
TQ. CHIKODI
DIST. BELGAUM

5. SRI PRABHAKAR ANNAPPA SANKAPAL
AGED 56 YEARS
R/O: -DO-

6. AKKABAI
D/O ANNAPPA SANKAPAL
AGED 55 YEARS
R/O: NANGANUR
TALUKA CHIKODI -591201
C/O APPELLANT No.4                  ..APPELLANTS

(BY   SRI.R.M.KULKARNI, SMT.HEMALEKHA       K.S.   &
SRI.S.A.SANDUR, ADVOCATES)

AND:

1. SRI.VISHNU ANNAPPA SANKAPAL
AGED 68 YEARS
R/O HITANI, (MHASOBACHI)
TALUKA HUKKERI -591 225
                             3


2. SRI.VASANT ANNAPPA SANKAPAL
AGED 66 YEARS
R/O PADALIHAL
TALUKA CHIKODI - 591201
SINCE DEAD BY LRS
APPELLANTS 2 TO 6              ..RESPONDENTS

(BY SRI.G.B.NAIK & SRI.P.G.NAIK, ADVOCATE FOR R-1, R-
2-DEAD, A-3 TO A-6 ARE TREATED AS LRS OF DECEASED
R-2 VIDE ORDER DATED 27.01.2006)

     THIS RSA IS FILED UNDER SECTION 100 OF C.P.C.,
AGAINST THE JUDGMENT AND DECREE DATED 12.07.2005
PASSED IN R.A.No.53/2000 ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST
TRACK COURT-IV, BELGAUM ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
31.08.2000 PASSED IN O.S.NO.51/97 (OLD NO.55/95) ON
THE FILE OF THE CIVIL JUDGE (SR.DN), HUKERI.

     THIS RSA IS COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel submit that the appellants and

respondents No.1 and 2 have settled the matter and have

filed compromise petition under Order XXIII Rule 3 of

C.P.C.

2. Appellants, respondents No.1 and 2 are

present before the Court along with their respective

counsel. They admit the compromise entered into

between them.

3. The compromise entered into between the

parties appears to be lawful. Hence, the compromise

petition is accepted.

4. The appeal is disposed of in terms of the

compromise petition.

5. Office to draw the decree accordingly.

6. Parties to file fresh valuation slip. Amount if any

deposited in favour of plaintiff is permitted to be

withdrawn by plaintiff/respondent No.1.

Sd/-

JUDGE

SBN