Karnataka High Court
Basappa vs Shambanna And Ors on 23 February, 2022
Bench: E.S.Indiresh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE E. S. INDIRESH
RSA.NO.200338/2018
BETWEEN:
BASAPPA S/O HAGARAPPA
AGE: 54 YEARS OCC: AGRICULTURE
R/O: HUNKUNTI TQ: LINGASUGUR
DIST: RAICHUR - 584 122.
... APPELLANT
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
01. SHAMBANNA S/O HAGARAPPA
SINCE DECEASED HIS LR'S
(DEFENDANT NO.1 BEFORE THE TRIAL COURT)
01A. SHARANAMMA D/O SHAMBANNA
AGE: 18 YEARS OCC: STUDENT
R/O: HANUMANAL TQ: HUNAGUND
DIST: BAGALKOT-587 118.
01B. ANAND S/O SHAMBANNA
AGE: 14 YEARS OCC: STUDENT
MINOR REPRESENTED HIS NEXT
MATERNAL GRAND-FATHER GIRIYAPPAGOUDA
S/O: GUNDANA GOWDER
AGE: 74 YEARS OCC: AGRICULTURE
R/O: HANUMANAL
TQ: HUNAGUND DIST: BAGALKOT-587 118.
02. MUDUKAPPA S/O HAGARAPPA
AGE: 58 YEARS OCC: AGRICULTURE
R/O: HUNAKUNTI VILLAGE
TQ: LINGASUGUR DIST: RAICHUR-584 122.
2
03. TIMMAWWA W/O DURAGAPPA
AGE: 58 YEARS OCC: HOUSEHOLD
R/O: HUNAKUNTI VILLAGE
TQ: LINGASUGUR DIST: RAICHUR-584 122.
04. DURGAWWA W/O KUPPANAGOUDA
AGE: 56 YEARS OCC: HOUSEHOLD
R/O: HUNAKUNTI VILLAGE
TQ: LINGASUGUR DIST: RAICHUR-584 122.
05. GIRIYAPPAGOUDA S/O GUNDANAGOUDA
GOWDER
AGE: 74 YEARS OCC: AGRICUTLURE
R/O: HANUMANAL S. T.
TQ: HUNAGUND DIST: BAGALKOT - 587 118.
06. RAGHAVENDRA S/O GIRIYAPPAGOUDA
AG: 34 YEARS OCC: AGRICULTURE
R/O: HANUMANAL S. T.,
TQ: HUNAGUND DIST: BAGALKOT - 587 118.
07. GUNDANAGOUDA S/O GIRIYAPPAGOUDA
AGE: 29 YEARS OCC: AGRICULTURE
R/O: HANUMANAL S. T.,
TQ: HUNAGUND DIST: BAGALKOT-587 118.
... RESPONDENTS
(BY SRI. DEEPAK V. BARAD, ADV., FOR R1(A), 5 TO 7
R1(B) MINOR U/G OF R5
SRI.PRATAP REDDY, ADV.,FOR GPA HOLDER OF R2 TO R4)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
DECREE DATED 24.07.2018 PASSED IN R.A.NO.8/2017 BY THE
PRL. DISTRICT AND SESSIONS JUDGE, RAICHUR AND
CONSEQUENTLY RESTORE JUDGMENT AND DECREE DATED
06.10.2016 PASSED IN O.S.NO.53/2014 BY THE SENIOR CIVIL
JUDGE AND JMFC, LINGASUGUR WITH COST THROUGHOUT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
3
JUDGMENT
This Regular Second Appeal is preferred against the
judgment and decree dated 24.07.2018 passed in
R.A.No.8/2017 on the file of Principal District and Sessions
Judge, Raichur and the judgment and decree dated
06.10.2016 passed in O.S.No.53/2014 by the Senior Civil
Judge and JMFC, Lingasugur.
02. After issuance of notice, the parties to the
appeal have filed the compromise petition under Order
XXIII Rule 3 read with Section 151 of Code of Civil
Procedure to settle their dispute amicably in terms of
compromise petition.
03. The parties to the appeal are present before
the Court and they have been identified by their respective
learned counsel.
04. The memo dated 21.02.2022 filed by the
learned counsel for the respondents No.2 to 4, is accepted.
It is submitted by the learned counsel appearing for the
parties that the respondents No.2 to 4 are represented by
their GPA Holder - Hagarappa.
05. It is also submitted that respondent No.1B is
minor and certificate is being filed to enter into
compromise petition. The said aspect is not countered by
the other side. Hence, the same is accepted.
06. The parties to the compromise petition
submitted that they have entered into compromise without
any coercion or force from any one else. Accordingly, they
wanted to modify the impugned judgment and decree in
terms of compromise petition.
07. On going through the contents of compromise
petition and after hearing learned counsel for the
respective parties, I am satisfied that, the compromise
petition is free from any force, undue influence or coercion.
Hence, the compromise petition is accepted.
08. The appeal is disposed off in terms of the
compromise petition.
09. Registry is directed to draw the decree in
terms of compromise petition.
Sd/-
JUDGE
KJJ
