Smt Awakka W/O Shankar Mane vs Sri Shivanand S/O Dattulatte
2022 Latest Caselaw 10061 Kant

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                                         RSA No. 2598 of 2005
                                      C/W RSA No. 358 of 2006




IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 30TH DAY OF JUNE, 2022

                          BEFORE
         THE HON'BLE MR JUSTICE E.S.INDIRESH

REGULAR SECOND APPEAL NO. 2598 OF 2005 (DEC/INJ-)
                     C/W
     REGULAR SECOND APPEAL NO. 358 OF 2006

IN RSA NO.2598/2005

BETWEEN:


    SMT. AWAKKA W/O SHANKAR MANE,
    AGED 58 YRS, OCC;AGRICULTURE AND HOUSEHOLD,
    R/O. GALATAGA CHIKKODI TQ.
    BELGAUM DISTRICT-531201



                                                 ...APPELLANT
(BY SRI. VINEET R. BALIKAI, ADVOCATE FOR
SRI. RAVI S. BALIKAI, ADVOCATE)

AND:

    SRI SHIVANAND S/O DATTULATTE,
    AGED 38 YEARS, OCC: AGRILCULTURE,
    R/O: GALATAGA, CHIKKODI TALUK,
    BELGAUM DIST., 531201



                                               ...RESPONDENT

(BY SRI. SHARAD V MAGADUM (NOC).,ADVOCATE)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE 25.10.2005 PASSED IN R.A.NO.6/1998 ON THE FILE OF THE PRESIDING OFFICER, FTC-I, DIST. AND SESS.

RSA No. 2598 of 2005 C/W RSA No. 358 of 2006

JUDGE, CHIKODI, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DT.15.7.1997 PASSED IN O.S.NO.98/1992 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, CHIKODI.

IN RSA NO.358/2006

BETWEEN:

SMT. AWAKKA W/O. SHANKAR MANE, AGED 58 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O. GALATAGA, CHHIKKODI TALUK, BELGAUM DISTRICT - 591201 ...APPELLANT (BY SRI. VINEET R. BALIKARI, ADVOCATE FOR SRI. RAVI S. BALIKAI, ADVOCATE)

AND:

SRI SHIVANAND S/O DATTULATTE, AGED 38 YEARS, OCC: AGRILCULTURE, R/O: GALATAGA, CHIKKODI TALUK, BELGAUM DIST., 531201

...RESPONDENT (SRI. SHARAD V MAGADUM (NOC), ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGIANST THE JUDGMENT AND DECREE DATED 25.10.2005 PASSED IN R.A.NO.57/1997 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT-I, CHIKODI, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 15.07.1997 PASSED IN O.S.NO.98/1992 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, CHIKODI.

RSA No. 2598 of 2005 C/W RSA No. 358 of 2006

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY.

THE COURT DELIVERED THE FOLLOWING.

COMMON ORDER

These appeals are arising out of the Judgment and

Decree dated 25.10.2005 in R.A.No.57/1997 and

R.A.No.6/1998 on the file of the Fast Track Court-I

(District and Sessions Judge), Chikkodi, dismissing the

R.A.No.57/1997 and allowing R.A.no.6/1998, whereby, the

Judgment and Decree dated 15.07.1997 in

O.S.No.98/1992 on the file of the Additional Civil Judge

(Jr. Dn.) and JMFC Court, Chikkodi, was modified.

2. During the Course of the proceedings, the

parties to the lis have presented the compromise petition

under Order 23 Rule 3 of Code of Civil Procedure.

3. The parties are present before the Court. The

parties are identified by the learned counsel appearing for

the parties.

RSA No. 2598 of 2005 C/W RSA No. 358 of 2006

4. The parties to the suit have submitted that, the

parties have entered into the compromise petition without

any force or undue influence and they agreed to settle the

matter by their own volition.

5. Taking into consideration, the averments made

in the compromise petition and having regard to the fact

that, the appeal is pertaining to the rights of the joint

family properties of the parties, the appeals are disposed

of in terms of the compromise petition filed before the

Court today.

6. Accordingly, the Judgment and Decree passed

by the trial Court is modified. Registry is directed to draw

the decree in terms of the compromise petition. The

appeals are disposed of.

Sd/-

JUDGE SVH