Maruti Krishnappa Shinde vs Laxmibai W/O Doddabasavantappa ...
2022 Latest Caselaw 3812 Kant

 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

        DATED THIS THE 7 T H DAY OF MARCH, 2022

                        BEFORE

        THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


      R.F.A.NO.100075/2017 (DEC. PART. & SEP.POSS)

BETWEEN:

MARUTI KRISHNAPPA SHINDE,
SINCE DECEASED BY HIS LRS,

1.     PREMA W/O MARUTI SHINDE,
       AGED ABOUT 60 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O: BHUTTAR ONI, NAVALUR,
       TQ and DIST: DHARWAD-580001.

2 .    REKHA W/O DEVENDRAPPA JADHAV,
       AGE: 43 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O: KADANAKOPPA,
       TQ: KALAGHATGI ,
       DIST: DHARWAD-581204.

3 .    BASAVARAJ S/O MARUTI SHINDE,
       AGE: 41 YEARS, OCC: AGRICULTURE,
       R/O: BHUTTAR ONI, NAVALUR,
       TQ and DIST: DHARWAD-580001.

4 .    SURESH S/O MARUTI SHINDE,
       AGE: 36 YEARS,
       OCC: AGRICULT URE,
       R/O: BHUTTAR ONI, NAVALUR,
       TQ and DIST: DHARWAD-580001.

5 .    MAHADEV S/O KRI SHNAPPA SHINDE,
       SINCE DECEASED BY HIS LR'S.

5A.    SMT.PARWATI,
       W/O MAHADEV SHINDE,
                            2




      AGE: 53 YEARS,
      OCC: HOUSEHOLD.

5B.   RAKESH S/O MAHADEV SHINDE,
      AGE: 26 YEARS,
      OCC: PRIVATE SERVICE.

5C.   ABISHEK S/O MAHADEV SHINDE,
      AGE: 24 YEARS, OCC: NIL,

      ALL ARE R/O: NAVALUR,
      TQ and DIST: DHARWAD.
                                        ... APPELLANTS

(BY SRI MAHESH WODEYAR, ADVOCATE)

AND

1.    SMT.LAXMIBAI,
      W/O DODDABASAVANTAPPA KAWADE,
      AGE: 62 YEARS,
      OCC: HOUSEHOLD WORK,
      R/O: NEAR HANUM ANTHDEVAR GUDI,
      KEHWAPUR, HUBBALLI-580023.

SMT.LELAWWA W/O SHIVAJI PETA,
SINCE DECEASED BY HER LR'S,

2.    SHIVAJI S/O SANKAPPA PETA,
      AGE: 68 YEARS, OCC: RETIRED,

3.    SHANKAR S/O SHI VAJI PETA
      AGE: 43 YEARS,
      OCC: AGRICULT URE,

4.    SURESH S/O SHIVAJI PETA
      AGE: 40 YEARS,
      OCC: AGRICULT URE,

2 - 4 ARE R/O: ADYAPAK NAGAR,
NARAGUNDA, DIST : GADAG-582207.

5.    GIRIJA W/O BALARAJ PATIL,
      AGE: 38 YEARS,
      OCC: HOUSEHOLD WORK,
                                   3




     R/O: R.C. NAGAR,
     DHARWAD-580001.

6.   SMT.KAMALAVVA,
     W/O BABU PETA,
     AGE: 55 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: KASAB SHANKARLINGANNA ONI ,
     NARAGUND, DIST: GADAG-582207.

7.   SMT.KRISHNAVVA,
     W/O PARASHURAM KAWADE,
     AGE: 53 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: NEAR HANUM ANTH DEVAR GUDI ,
     KESHWAPUR, HUBBALLI-580023.

8.   SMT.CHANDRAVVA,
     W/O PARASHURAM SALUNKE,
     AGE: 50 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: JAYANAGAR,
     BEHIND OLD BUS STAND,
     SHIGGOAN,
     DIST: HAVERI-581205.
                                                 ... RESPONDENTS

(BY SRI SANTOSH B.MANE, ADVOCAT E FOR R1 AND R3 TO
R8:

     THIS    REGULAR      FIRST       APPEAL   IS    FILED   UNDER
SECTION     96   OF   C.P.C.,   AGAINST    THE      JUDGMENT   AND
DECREE DATED 17.12.2016 PASSED IN O.S.NO.15/2009 ON
THE FILE OF THE PRINCI PAL SENIOR CIVIL JUDGE AND
C.J.M.,   DHARWAD,       DECREEIN       THE    SUIT    FILED   FOR
PARTITION AND SEPARATE POSSESSION.


     THIS APPEAL COM ING ON FOR ORDERS THIS DAY, THE
COURT , DELIVERED THE FOLLOWING:
                                       4




                              JUDGMENT

Learned counsel for parties submitted that

subject matter of appeal has been settled between

parties and a compromise petition is filed corporating

following terms:

"1. That in pursuance of amicable settlement the appellants agreed to give/allot to respondent No.1, 6, 7 and 8, 06 guntas of land each and legal heirs of Smt.Leelavva

are jointly entitle for and 06 guntas in Block No.80/1/2 out of 01 acre 30 guntas of Sattur village towards western side as shown in the Hand sketch map and they satisfied to the said allotment and they given up/relinquished their rights in other remaining suit properties with free will and wish. The said Hand sketch map is the part and parcel of this compromise petition. The shares of respondents No.1 to 8 are shown in said Hand sketch map with boundaries as described below:

I. (i) Respondent No.1 is allotted to 06 guntas of land in R.Sy.No.80/1/2 Sattur village and is bounded by:-

To the West -Property of Smt.Dharwadbai

To the North -Property of Narayan Shindhe

To the South -Property of Ishwar W.Shindhe

(ii) Respondents No.2 to 5 (Legal representatives of late Smt.Leelavva w/o Shivaji Pete) are jointly allotted to 06 guntas of land in R.Sy.No.80/1/2 of Sattur village and is bounded by:-

To the East -Plot of Respondent No.6

To the West -Plot of Respondent No.1

To the North -Property of Narayan Shindhe

To the South -Property of Ishwar W.Shindhe

II.(iii) Respondent No.6 is allotted to 06 guntas of land in R.Sy.No.80/1/2 Sattur village and is bounded by:-

To the East -Plot of Respondent No.7

To the North -Property of Narayan Shindhe

To the South -Property of Ishwar W Shindhe

guntas of land in R.Sy.No.80/1/2 Sattur village and is bounded by :-

To the East -Plot of Respondent No.8

To the West -Plot of Respondent No.6

To the North -Property of Narayan Shindhe

To the South -Property of Ishwar W Shindhe

IV. (v) Respondent No.8 is allotted to 06 guntas of land in R.Sy.No.80/1/2 Sattur village and is bounded by:-

To the East -Remaining property of R.Sy.No.80/1/2

To the West -Plot of Respondent No.7

To the North -Property of Narayan Shindhe

To the South -Property of Ishwar W.Shindhe

Remaining 40 guntas of land in R.Sy. No.80/1/2 is divided into two parts between appellants and appellant Nos.1 to 4 are agreed to take the northern side half portion and appellant No.5(a) to (c) are agreed to take the southern side half portion as shown in the hand sketch map. The property allotted to the share of appellant Nos.1 to 4 is bounded by:-

To the East - Property of SDM Dental College

To the West - Plot of Respondent No.8

To the North - Property of Narayan Shindhe

To the South -Property of Applnt.No.5(a) to (c)

The property allotted to the share of appellant No.5 (a) to (c) is bounded by:-

To the East - Property of SDM Dental college

To the West - Plot of Respondent No.8

To the North - Property of Narayan Shindhe

To the South - Ishwar W Shindhe

It made clear that all the parties to the compromise have right to use cart way - 15 feet road as shown in the hand sketch map as EFGH in R.Sy.No.80/1/2.

V. In R.Sy.No.810/2 of Navalur village, Appellant No.1 to 4's share is shown in Hand sketch map as C D E F measuring 02 acres 10 guntas. The boundaries of said land are:-

To the East -The property of Ganapati Shindhe

To the North - The property of Manjunath Hanasi

To the South - The property of Jayapal Hanasi

In the said land Appellant Nos.5 (a) to (c)'s share is shown in Hand sketch map as ABCD measuring 02 acres 10 guntas. The boundaries of said land are:-

To the East -The property of Appellants No.1 to 4

To the West -The property of Shankar Shindhe & Ishwar Shindhe

To the North -The land of Manjunath Hanasi

To the South - The property of Jayapal Hanasi

In BI No 508/2 of Navalur village :-

The Appellant No.1 to 4's share measuring 04 acres 05 guntas is the property situated between "C D E F" as shown in Hand sketch map. The boundaries of said land are -

To the East -The property of one Fakkirappa Byalal

To the West -The property of one Basappa Itigatti

To the North -The property of one Shankar Shindhe

To the South -The property of one Appellant No.5(a) to (c)

In the said land ( BI No.508/2 of Navalur village) the Appellant No.5 (a) to (c) are entitled for 03 acres 34 guntas of the property situated between ABCD as shown in Hand sketch map. The boundaries of said land are:-

To the East -The property of one Fakkirappa Byalal

To the West -The property of one Shekhappa Itigatti

To the North -The property of one

To the South -The property of one Shekhappa Shindhe

VII. 1. In Block No.810/4 the appellants family is having only 13 guntas of land. It is in joint ownership and possession of appellants. It is kept jointly to appellants No 1 to 4 and 5(a) to

(c).

2. That, the respondents 1 to 8 hereby agrees that they will not claim any right, title or interest in or over the remaining suit properties i.e., Bl No 810/2, 508/2 and 810/4 of Navalur village and remaining 01 acre part of BI No 80/1/2 of Sattur village.

3. That, parties herein agreed that in view of this compromise entered between them the respondents 1 to 8 have no right, title or

interest in or over the BI No 810/2, 508/2 and 810/4 of Navalur village and remaining part of BI No 80/1/2 of Sattur village and declares that appellants are the absolute owners and in peaceful possession and they are entitled to deal with those properties in the manner deemed fit to them and they shall enjoy the same as absolute owners and they shall got enter their names in concerned revenue records.

4. That, both parties have agreed to cooperate in getting their names entered in the concerned revenue records pertaining to their respective allotted properties as per this compromise decree."

2. Appellants no.1 to 4 and 5(a) to (c),

respondents no.1 and 3 to 8 are present and are

identified by their respective counsel.

3. I have perused terms of settlement. Same

are found to be lawful and in the best interest of

parties.

4. Parties have stated that compromise has

been entered into out of their free will and volition

without there being any threat, coercion or undue

influence from anybody.

5. Compromise petition is accepted. Appeal is

allowed, judgment and decree in O.S.No.15/2009 is

modified in terms of compromise petition.

Registry to draw decree incorporating the terms

of compromise.

SD/-

JUDGE

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