Karnataka High Court
Smt. Shakuntala W/O Pundlik ... vs Shri. Prakash Is/O Krishnaji ... on 23 March, 2022
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 23 r d DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
R.S.A. NO.100503/2018 (DEC)
BETWEEN
1 . SMT. SHAKUNTALA W/O PUNDLIK KIT TUR
AGE: 81 YEARS,
OCC: HOUSEHOLD WORK,
R/O: H.NO.566/A-B,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
SINCE DECEASED BY HER LRS.
2 . SHRI.SOMNATH S/O PUNDLIK KITTUR
AGE: 63 YEARS,
OCC: BUSINESS,
R/O: H.NO.566/A-B,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
3 . SHRI.UDAY S/O PUNDLIK KITTUR
AGE: 60 YEARS,
OCC: BUSINESS,
R/O: H.NO.566/A-B,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
4. SHRI.VIJAY S/O GANAPATI KITTUR,
AGE: 75 YEARS,
OCC: BUSINESS,
R/O: H.NO.566/A-B,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
5. GOPAL S/O GANAPATI KITTUR,
AGE: 69 YEARS,
OCC:BUSINESS,
R/O: H.NO.566/A-B,
2
SAPAR GALLI ,
VADAGAON, BELAGAVI.
...APPELLANTS
(BY SRI.MAHANTESH S HIREMATH, ADV.)
AND
1 . SHRI.PRAKASH S/O KRISHNAJI CHAVAN
AGE: 74 YEARS,
OCC: NIL,
R/O: H.NO.567,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
2 . SMT.SINDHU W/O KRISHNA CHAVAN
AGE: 71 YEARS,
OCC: TEACHER,
R/O: H.NO.567,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
3 . SHRI.GAJANAN S/O KRISHNA CHAVAN
AGE: 69 YEARS,
OCC: BUSINESS,
R/O: H.NO.566, DONGRIN,
NAVELIN SALSETTE, GOA.
4 . SHRI.SHRIKANT S/O KRISHNA CHAVAN
AGE: 63 YEARS,
OCC: BUSINESS,
R/O: H.NO.567,
SAPAR GALLI ,
VADAGAON, BELAGAVI.
5 . SMT.SUREKHA W/O CHANDRASHEKHAR CHAVAN
AGE: 58 YEARS,
OCC: SERVICE,
R/O: SECTOR NO.3,
PLOT NO.57,
OPPOSITE TO MARUTI TEMPLE,
NAVANAGAR, BAGALKOTE.
6 . SMT.ANJALI W/O SUDHAKAR KUPSAD
AGE: 53 YEARS,
OCC: SERVICE,
R/O: 108/A, NEAR SHRI RAM AND SONS NURSERY ,
3
4TH CROSS,
NEAR KALAWARS HOTEL,
TAVAN KERE, BENGLAURU.
7. SOU.SARIKA W/O GOPALDAS BHATTAD,
AGE: 39 YEARS,
OCC: BUSINESS,
R/O: RAMRATNA NIWAS, CTS NO.3909/B,
SAMBHAJI ROAD, JOSHIMALA KHASBAG,
BELAGAVI , PIN CODE-590003.
8. SOU.POOJA W/O DWARKADAS BHATT AD,
AGE: 32 YEARS,
OCC: BUSINESS,
R/O: RAMRATNA NIWAS, CTS NO.3909/B,
SAMBHAJI ROAD, JOSHIMALA KHASBAG,
BELAGAVI , PIN CODE-590003.
9. SOU.BHAGYASHREE W/O BHARATKUMAR BHATTAD,
AGE: 30 YEARS,
OCC: BUSINESS,
R/O: RAMRATNA NIWAS, CTS NO.3909/B,
SAMBHAJI ROAD, JOSHIMALA KHASBAG,
BELAGAVI , PIN CODE-590003.
10. MISS. KAVERI D/O BALKRISHAN BHATTAD,
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: RAMRATNA NIWAS, CTS NO.3909/B,
SAMBHAJI ROAD, JOSHIMALA KHASBAG,
BELAGAVI , PIN CODE-590003.
...RESPONDENTS
(BY SRI.SHREEVAT SA S HEGDE, ADV.)
THIS RSA IS FILED U/SEC.100 OF CPC, 1908, AGAINST THE
JUDGEMENT & DECREE DT D:02.04.2018 PASSED IN
R.A.NO.82/2017 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND CJM., BELAGAVI , ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DTD:25.03.2017,
PASSED IN O.S. NO.439/2005 ON THE FILE OF THE I
ADDITIONAL CIVI L JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, BELAGAVI, DECREEING THE SUIT FILED FOR
DECLARATION AND POSSESSION.
4
THIS RSA COMI NG ON FOR ORDERS THIS DAY , THE
COURT , DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Mahantesh S. Hiremath, learned counsel for
appellants submits that appellant no.1 died on 29.07.2020
and a memo has been filed reporting same by producing
death certificate.
2. It is stated in memo that appellants no.2 and 3
are legal representatives of deceased-appellant no.1 who
are already on record, hence seeks permission to amend
cause title showing appellant no.1 as dead represented by
her legal representatives.
3. Sri.Shreevatsa S. Hegde, learned counsel for
respondents submits that he has filed vakalath for
respondents no.1 to 6 and proposed respondents no.7 to
10.
4. Both learned counsel submit that parties have
entered into compromise and terms of compromise read as
follows:
"1. The parties agree that the plaintiffs are the
owners in possession of the property bearing
H.No.566 A+B corresponding to CTS No.850 and the
Defendants are the owners in possession of
H.No.567 corresponding to CTS No.851 situate at
Sapar Galli, Shahapur, Belagavi. Further that the
proposed Respondents No.7 to 10 have become the
owners in actual possession of the H. No.567 by
virtue of a registered deed of sale dated 19 t h day of
April 2021.
2. The proposed Respondents in view of the present
agreement have no objection for being impleaded
and substituted in place of the original
Defendants/Respondents No.1 to 6.
3. T he Plaintiffs/Appellants agree that the adjoining
property bearing CTS No.567 ought to measure 30
Ft X 165 Ft and the construction m ade by them on
their eastern side and on the western boundary of
the Defendants cannot be sustained to an e xtent of
2 Ft X 60 Ft from southern end to northern side and
thereafter 1Ft. X 105 Ft.
4. The Plaintiffs/Appellants agree that they shall
remove the same at their own cost and expense
(including any cost towards incidental harm or
damage caused if any to the property or person of
the Defendants/Respondents) without causing any
harm or damage to any part of the property of the
Defendants/Respondents, the said part of the
construction measuring 2 Ft x 60 Ft from southern
end to northern side thereafter 1 Ft. x 105 Ft. of
their eastern boundary within a period of three
years from today and that the
Defendants/Respondents are entitled to have same
removed and also to have any cost or damage
recovered in the very e xecution proceedings
including the real and actual cost borne for the
execution proceedings.
5. The parties further agree that there is writ
petition filed by the Plaintiffs assailing the order of
demolition of the Corporation of City of Belagavi in
WP No.100347/2018 which dispute in so far as the
same is concerned between these parties will be
subject to the present agreement of the parties.
6. The parties further agree that a decree in the
above terms may be drawn in the above appeal
facilitating the settlement.
7. The parties further agree that the
Defendants/Respondents including Respondents No.
7 to 10 shall have every right to execute this
decree/compromise in the event of default of the
Plaintiffs/Appellants to remove the said construction
as agreed in Cl. No.3 and 4 supra and that the
Plaintiffs/Appellants or anyone on their behalf or
anyone claiming under them or any person claiming
any interest objection therein shall not raise any
objection for such execution.
8. The parties agree that any recovery of costs or
damage arising out of the claims in relation the
terms of this compromise shall be a subject matter
to be determined in the execution proceedings alone
and no separate proceedings in any form shall be
necessary for the same."
5. Parties are present before this Court and are
identified by their respective counsel.
6. On interaction, parties have stated that
compromise has been entered into out of their own free
will, and without any threat, coercion or undue influence
from anybody.
7. I have perused the terms of compromise. They
are lawful and in best interest of parties.
8. Compromise petition is accepted. Appeal is
allowed to the extent and in terms of compromise petition.
9. Registry to draw decree incorporating terms of
compromise.
10. In view of above compromise and as proposed
respondents are already party to compromise,
I.A.no.1/2021 is formally allowed. Other applications are
rendered unnecessary.
Sd/-
JUDGE
KGK
