Shri.Parappa S/O Mallappa ... vs Shri.Basappa S/O Mutteppa ...
2022 Latest Caselaw 1377 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 31ST DAY OF JANUARY 2022

                         BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                  C.R.P.NO.100073/2018
BETWEEN

SHRI PARAPPA S/O MALLAPPA HUKKERI
SINCE DECEASED REPRESENTED BY HIS LRS.

1(A)   SMT.MAHANANDA W/O RACHAPPA UDDAR,
       AGE : 30 YEARS, OCC: AGRICULTURE,
       R/O: MUTTUR, TQ: JAMAKHANDI,
       DIST: BAGALKOT, PIN: 587301.
                                           ...PETITIONER
(BY SRI MADANMOHAN M KHANNUR, ADVOCATE)

AND

1.     SHRI BASAPPA S/O MUTTEPPA GANIGER
       AGE: 44 YEARS, OCC: AGRICULTURE,
       R/O: HUNASHYAL P.Y, GOKAK,
       DIST: BELAGAVI.

2.     SMT. GANGAWWA W/O LAKKAPPA GATIGEPPAGOL
       SINCE DECEASED REPRESENTED B HER LRS.,

2(A)   SHRI DUNDAPPA
       S/O LAKKAPPA GATIGEPPAGAOL,
       AGE : 60 YEARS, OCC: AGRICULTURE,
       R/O SUNADHOLI, TQ: GOKAK-591 307.
       DIST: BELAGAVI.

2(B)   SHRI BHIMAPPA S/O LAKKAPPA GATIGEPPAGAOL,
       AGE : 55 YEARS, OCC: AGRICULTURE,
       R/O SUNADHOLI, TQ: GOKAK-591 307.
       DIST: BELAGAVI.

2(C)   SMT.MUTTAWWA W/O SHIVAPPA GOKAK,
       AGE : 50 YEARS, OCC: AGRICULTURE,
                              2




     R/O SUNADHOLI, TQ: GOKAK-591 307.
     DIST: BELAGAVI.

3.   SMT. SAVAKKA W/O GANGAPPA
     @ GULAPPA CHINAGUNDI,
     AGE: 72 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
     R/O: HANDIGUND, TQ: RAIBAG, DIST: BELAGAVI.
     (DECEASED)

4.   SHRI VENKAPPA S/O MALLAPPA HUKKERI
     AGE: 56 YEARS, OCC: AGRICULTURE,
     R/O: CHIMMAD, TQ: JAMKHANDI-587301,
     DIST: BAGALKOT.

5.   SHRI BASAPPA S/O MALLAPPA HUKKERI
     AGE: 40 YEARS, OCC: AGRICULTURE,
     R/O: CHIMMAD, TQ: JAMKHANDI-587301,
     DIST: BAGALKOT.

SATTEWWA W/O SIDDAPPA GOUDAR
SINCE DECEASED BY HER LRS.

6.   SHRI MAHALING SIDDAPPA GOUDAR @ GANIGER,
     AGE: 52 YEARS, OCC: AGRICULTURE,
     R/O: JAGADAL, TQ: JAMKHANDI-587301,
     DIST: BAGALKOT.

7.   RAMAPPA SIDDAPPA GOUDAR @ GANIGER,
     AGE: 47 YEARS, OCC: AGRICULTURE,
     R/O: JAGADAL, TQ: JAMKHANDI-587301,
     DIST: BAGALKOT.
                                        ... RESPONDENTS

(BY SRI G.B.NAIK & SRI P.G.NAIK, ADV. FOR R.1 & R.4 TO 7)
(NOTICE TO R.2(A) TO 2(C) : SERVED.)
(RESPONDENT NO.3-DECEASED)

      THIS PETITION IS FILED UNDER SECTION 115 OF THE
CODE OF CIVIL PROCEDURE, 1908, PRAYING THIS COURT TO
SET ASIDE THE JUDGMENT AND DECREE DATED 14.07.2016 IN
E.P.NO.13/2016 PASSED BY THE COURT OF PRINCIPAL SENIOR
CIVIL JDUGE GOKA, ACCEPTING THE COMPROMISE PETITION
FILED UNDER ORDER 23 RULE (3) READ WITH SECTION 151 OF
CPC AND REJECT THE COMPROMISE PETITION DATED
27.04.2016 IN THE INTEREST OF JUSTICE AND EQUITY.
                               3




     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                      : JUDGMENT :

The captioned civil revision petition is filed

assailing the compromise recorded by the Executing

Court.

2. Learned counsel appearing for the

petitioner fairly submitted that, he has efficacious

remedy before the Court which has recorded the

compromise. Therefore, he seeks liberty to withdraw

present civil revision petition.

3. His submission is placed on record.

4. The civil revision petition is dismissed as

withdrawn reserving liberty to the petitioner to

approach the Court which has recorded the

compromise.

5. In the event, the petition is filed within two

weeks, the petitioner shall be extended the benefit of

Section 14 of the Limitation Act.

Sd/-

JUDGE EM