Smt Sumangala W/O. Jagadeesh ... vs Andanappa S/O. Channaveerappa ...
2022 Latest Caselaw 8290 Kant

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                                                        RSA No. 100635 of 2020


                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 07TH DAY OF JUNE, 2022

                                              BEFORE
                              THE HON'BLE MR JUSTICE E.S.INDIRESH
                        REGULAR SECOND APPEAL NO. 100635 OF 2020 (PAR-)
                   BETWEEN:

                   SMT SUMANGALA
                   W/O. JAGADEESH MARANABASARI
                   AGE : 41 YEARS, OCC : HOUSEHOLD
                   R/O : SUDI, TQ : RON,
                   DIST : GADAG-582209
                                                                  ...APPELLANT
                   (BY SRI. ANAND R. KOLLI, ADVOCATE)


                   AND:

                   1.    ANDANAPPA
                         S/O. CHANNAVEERAPPA BALAGER @ LEKKAD
                         AGE : 71 YEARS, OCC : AGRICULTURIST,
                         R/O : KALALBANDI, TQ : KUSHTAGI,
                         DIST : KOPPAL, PIN : 583277

                   2.    MANJULA
SHIVAKUMAR               W/O. ANDANAPPA BALAGER @ LEKKAD
HIREMATH
                         AGE : 45 YEARS, OCC : AGRICULTURIST,
Digitally signed         R/O : KALALBANDI, TQ : KUSHTAGI,
by SHIVAKUMAR
HIREMATH
Date: 2022.06.10
                         DIST : KOPPAL PIN : 583277
11:48:02 -0700
                                                                ...RESPONDENTS
                   (BY SRI. P. P. SAMBRANI, ADVOCATE)

                        THIS RSA IS FILED U/SEC.100 OF CPC, 1908, AGAINST
                   THE JUDGEMENT AND DECREE DTD.21.03.2020 PASSED IN
                   R.A.NO.27/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                   KUSHTAGI, ALLOWING THE APPEAL AND MODIFYING THE
                   JUDGMENT AND DECREE DTD.07.07.2018, PASSED IN O.S.
                   NO.304/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
                   AND JUDICIAL MAGISTRATE FIRST CLASS, KUSHTAGI,
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                                         RSA No. 100635 of 2020


PARTLY DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION AND MESNE PROFIT.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                              ORDER

This Appeal is preferred by the plaintiff challenging the

judgment and decree dated 21.03.2020 in RA No.27/2018 on the

file of the Senior Civil Judge at Kushtagi, modifying the judgment

and decree dated 07.07.2018 in Original Suit No.304/2014 on the

file of the Addl. Civil Judge and JMFC, Kushtagi decreeing the suit

of the plaintiff in part.

2. During the pendancy of this appeal, parties to the

appeal have entered into a compromise. Accordingly, the parties

have filed compromise petition under Order XXIII Rule 3 of the

Code of Civil Procedure to resolve the dispute amicably.

3. Parties to the suit are present before the Court and

they have submitted that they have resolved their dispute in terms

of the compromise petition filed before the Court. They have been

identified by the respective learned counsel appearing for the

parties. It is also submitted by the parties that, there is no

RSA No. 100635 of 2020

compulsion or force to enter into the compromise petition by

anyone and therefore they submitted that the compromise petition

be accepted.

4. Considering the averments made in the compromise

petition and recording the submission made by the parties referred

to above, I am of the view that the appeal be disposed of in terms

of the compromise petition. The compromise petition is being

considered as the part and parcel of this order. Accordingly the

appeal is disposed of.

5. Registry is directed to draw up the decree in terms of

the compromise petition.

Sd/-

JUDGE

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