Shri.Shivanand S/O Manappa ... vs Shri.Ishappa S/O Fakirappa ...
2022 Latest Caselaw 4147 Kant

     IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

         DATED THIS THE 10 T H DAY OF MARCH, 2022

                         BEFORE

         THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


             R.F.A. NO.100354/2019 (DEC/INJ)

BETWEEN:

1.     SHRI SHIVANAND,
       S/O MANAPPA HAVALAD,
       AGE: 37 YEARS,
       OCC: AGRICULT URE,
       R/O CHABBI VILLAGE,
       TQ: SHIRAHATTI ,
       DIST: GADAG-582120.

2.     SMT.SHANTAWWA,
       W/O MANAPPA HAVALAD,
       AGE: 62 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O CHABBI VILLAGE,
       TQ: SHIRAHATTI ,
       DIST: GADAG-582120.

3.     SMT.NEELAMMA,
       W/O SURESH ANGADI,
       AGE: 39 YEARS,
       OCC: AGRICULT URE,
       R/O BIDARAHALLI ,
       TQ: MUNDARAGI ,
       DIST: GADAG-582118.
                                          ... APPELLANTS
(BY SRI LAXMAN T.MANTAGANI AND
 SRI N.J.APPANNANAVAR, ADVOCATES)

AND

1.     SHRI ISHAPPA,
       S/O FAKIRAPPA HAVALAD,
       AGE: 50 YEARS, OCC: AGRICULTURE.
                            2




2.   SHRI NEELAPPA,
     S/O FAKIRAPPA HAVALAD,
     AGE: 47 YEARS,
     OCC: AGRICULT URE.

3.   SMT.RENAVVA,
     W/O ASHOK HAVALAD,
     AGE: 37 YEARS,
     OCC: AGRICULT URE.

4.   KUMARI CHAITRA,
     D/O ASHOK HAVALAD,
     AGE: 21 YEARS,
     OCC: STUDENT .

5.   KUMAR CHETAN,
     S/O ASHOK HAVALAD,
     AGE: 16 YEARS,
     OCC: STUDENT ,
     M/G-DEFENDANT NO.3,
     NATURAL MOTHER
     SMT.RENAVVA W/O ASHOK HAVALAD.

6.   SHRI SHIVANAND,
     S/O DEVENDRAPPA PALLED,
     AGE: 40 YEARS,
     OCC: AGRICULT URE,
     R/O MAGADI VILLAGE,
     TQ: SHIRAHATTI ,
     DIST: GADAG-582120.
                                        ... RESPONDENTS

(BY SRI ABHISHEK L.KALLED A/W
 SRI SRIHARSH A.NEELOPANT AND
 SRI AVINASH S.M ALIPATIL, ADVOCATES FOR R1 TO R5)

     THIS REGULAR FI RST APPEAL IS FILED UNDER SECTI ON
96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED
24.06.2019 PASSED IN O.S.NO.118/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND J.M .F.C., LAXMESHAR, DISM ISSING
THE SUIT FI LED FOR DECLARATION AND PARTITION AND
SEPARATE POSSESSION.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT , DELIVERED THE FOLLOWING:
                                          3




                              JUDGMENT

Suit was filed by appellants seeking relief of

declaration and injunction and alternative relief of

partition of suit schedule properties. Suit came to be

dismissed. In appeal, parties have entered into

compromise wherein terms are as follows:

"1. The plaintiffs/appellants filed this suit against defendants/respondents for the relief of declaration and permanent injunction and alternative relief of partition. That, the plaintiffs are son, wife and daughter of deceased Manappa, that, suit land Survey No.116/1 measuring 5 acres 4 guntas PK 4 guntas and Survey No.320/2 measuring 6 acres 11 guntas PK 4 guntas of Chebbi village and VPC No.39/4 measuring 40 x 30 and VPC No.17/B measuring 21 x 26 of Varavi village are suit properties. The defendants/respondents falsely claiming that they are also sons and daughters of propositus Fakkirappa through his second wife Smt.Sushilavva. That, defendants got filed O.S.No.106/2008 before Civil Judge and JMFC Court Laxmeshwar through deceased Manappa

and compromised the matter as per the compromise they succeeded the suit properties. That present suit of the plaintiffs/appellants came to be dismissed.

2. The appellants have filed the above appeal challenging the judgment and decree passed by the Court of the Senior Civil Judge and JMFC, Laxmeshwar in O.S.No.118/2017 (Old No.7/2017) dated 24.06.2019. However, in order to put an end to the litigation, with an intervention of the elders, all the parties being the relatives to each other, they amicable entered into compromise. The terms of compromise is as under:

(a) That, the appellants hereby voluntarily agreed to take their share to an extent of 2.00 acres in R.S.No.320/2 out of land measuring 6 acres 11 guntas situated at Chabbi village accordingly put them in possession over the said land. The share of the above land of the appellants is bounded by:

EAST : Land of Ningappa Bhootharaddy

WEST : Land of Sandesh Kappttanaver

NORTH : Remaining land of R.S.No.320/2

SOUTH : Land of Ningappa Bhootharaddy.

(b) The respondents are agreed to take their share of the remaining land to the extent of 4 acres 11 guntas in R.S.No.320/2 of Chabbi village and entire extent of Chabbi village and also VPC No.39/A measuring 40 ft. x 30 ft. and VPC No.17/B measuring 21 ft. x 26 ft. of Varavi village.

(c) That, henceforth the respondents will not claim any right, title and interest over the share of the appellants shown at Clause (a) to also, the appellants will not claim any right, title and interest over the share of respondents shown at Clause (b).

Wherefore, the appellants and respondents hereby respectfully prayed that, this Hon'ble Court be pleased to modify the judgment and decree passed by the Court of the Senior Civil Judge and JMFC, Laxmeshwar, in O.S.No.118/2017 (Old No.7/2017) dated 24.06.2019, in terms of compromise arrived between appellants and respondents."

2. Appellants and respondents no.1 to 5 are

present. Respondent no.6 is purchaser of property and

he is not necessary for compromise. Parties are present

and are identified by their respective counsel.

3. On enquiry, parties have stated that they

have been explained terms of compromise and have

affirmed same out of their free will and volition without

there being any threat, coercion or undue influence

from anybody.

4. I have perused terms of settlement. Same are

found to be lawful and in best interest of parties.

5. Compromise petition is taken on record.

Appeal is allowed to the extent and in terms of

compromise petition, judgment and decree of trial

Court is modified accordingly.

Registry to draw decree incorporating the terms of

compromise.

SD/-

JUDGE

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