Karnataka High Court
Mohd Zakiuddin Razvi S/O Ali ... vs Mallayya S/O Marthandappa ... on 7 September, 2021
Author: K.S.Mudagal And J.M.Khazi
1 RFA No.200021/2014
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 07TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MRS. JUSTICE J.M.KHAZI
REGULAR FIRST APPEAL No.200021/2014
BETWEEN:
1. Mohd. Zakiuddin Razvi S/o Ali Khasim
Age: 23 years
Occ: Agriculture & Business
R/o: Siraj-E-Melat Nagar, Chittapur Road
Yadgir, Tq & Dist: Yadgir
2. Mohd. Salman Razvi S/o Ali Khasim
Age: 25 years
Occ: Agriculture & Business
R/o: Siraj-E-Melat Nagar, Chittapur Road
Yadgir, Tq & Dist: Yadgir
3. Kousar Begum W/o Ali Khasim
Age: 46 years, Occ: Household
R/o: Siraj-E-Melat Nagar, Chittapur Road
Yadgir, Tq & Dist: Yadgir
4. Md. Farooq Razvi S/o Ali Khasim
Age: 25 years
Occ: Agriculture & Business
R/o: Siraj-E-Melat Nagar, Chittapur Road
Yadgir, Tq & Dist: Yadgir
2 RFA No.200021/2014
5. Md. Hassan Razvi S/o Ali Khasim
Age: 22 Years, Occ: Agriculture & Business
R/o: Siraj-E-Melat Nagar, Chittapur Road
Yadgir, Tq & Dist: Yadgir
... Appellants
(By Sri D.P Ambekar & Sri Krupa Sagar Patil, Advocates)
AND:
1. Mallayya S/o Marthandappa Kudloor
Age: 37 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
2. Kanthappa S/o Marthandappa Kudloor
Age: 34 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
3. Mahalakshmi D/o Marthandappa Kudloor
Age: 31 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
4. Devappa S/o Marthandappa Kudloor
Age: 29 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
5. Chandrakala D/o Marthandappa Kudloor
Age: 26 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
6. Ashok S/o Marthandappa Kudloor
Age: 23 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
3 RFA No.200021/2014
7. Sabamma W/o Marthandappa Kudloor
Age: 58 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
8. Nagappa S/o Beerappa Kudloor
Died on 15.03.2016
His LRs are already on record
9. Beerappa S/o Nagappa Kudloor
Age: 68 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
10. Ningappa S/o Beerappa Kudloor
Age: 41years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
11. Dodda Shankarappa S/o Beerappa Kudloor
Age: 37 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
12. Sanna Shankrappa @ Shankar
S/o Beerappa Kudloor
Age: 31 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
13. Neela Gangamma D/o Beerappa Kudloor
Age: 39 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
14. Maremma D/o Beerappa Kudloor
Age: 33 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
15. Yallamma D/o Beerappa Kudloor
Age: 31years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
4 RFA No.200021/2014
Tq & Dist: Yadgir
16. Haranemma D/o Beerappa Kudloor
Age: 29 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
17. Eshwar S/o Beerappa Kudloor
Age: 25 years, Occ: Agriculture
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
18. Anasuya D/o Beerappa Kudloor
Age: 23 years, Occ: Agriculture & Household
R/o: Koliwada Locality of Yadgir City
Tq & Dist: Yadgir
... Respondents
(By Sri Vikram V.K, Advocate for R1 to R7;
Sri. B.V.Jalde, Advocate for R9 & R10;
Sri. Ganesh Naik & Sri A.S.Rawoor, Advocates for R11 to R18;
V/o dated 17/11/2017 R9 is sole LR of deceased R8)
This Regular First Appeal is filed under Section 96 of CPC,
praying to allow the appeal by setting aside the judgment and
decree dated 11.02.2014 passed in O.S. No 11/2010 by the
Senior Civil Judge, Yadgiri and consequently dismiss the suit of
the plaintiffs in respect of item No. 1 i.e., Sy. No.66 against the
defendant Nos.12 to 14.
This appeal is coming on for hearing this day,
K.S.Mudagal J., delivered the following:
5 RFA No.200021/2014
JUDGMENT
Appellant Nos.1, 2 and 5, respondent Nos.1 to 7 and
9 to 18 are present. Their respective counsel are also
present.
2. The appellants have produced the original
special power of attorney executed by appellant Nos.3 and
4 in favour of appellant No.2. The parties are duly
identified by their respective counsel. They submit
compromise petition under Order XXIII Rule 3 of Code of
Civil Procedure, 1908.
3. The appellants and respondents admit the
execution of the compromise petition.
4. Heard on the compromise petition. Satisfied
that compromise entered into between the parties is
voluntary and admissible under law. Therefore, the
compromise is recorded.
5. The appeal is allowed.
6. The impugned judgment and decree of the trial
court is hereby set aside. The suit is decreed in terms of
the compromise petition.
Draw final decree in terms of the compromise
petition subject to parties furnishing required stamps.
Sd/-
JUDGE
Sd/-
JUDGE
BL
