Irayya Shankarayya Math vs Shekharayya Math S/O Shankrayya ...
2022 Latest Caselaw 5366 Kant

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           IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

        DATED THIS THE 24TH DAY OF MARCH, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                 RSA.No.200255/2016

BETWEEN:


IRAYYA SHANKARAYYA MATH
SINCE DECEASED BY HIS LR

VIJAYAKUMAR IRAYYA MATH
AG: 32 YEARS OCC: BUSINESS
R/O: MALLIKARJUN NAGAR
OPP: BIDE HOSPITAL BIJAPUR - 586 101.
                                        .... APPELLANT

(BY SRI. SANTOSHKUMAR B. BIRADAR, ADVOCATE)


AND:

01.    SHEKHARAYYA MATH S/O SHANKRAYYA MATH
       SINCE DECEASED BY HIS LRS.


01(A) MALLAMMA W/O LATE SHEKHARAYYA MATH
      AGE: 40 YEARS OCC: HOUSEHOLD
      R/O: INAMADAR COLONY
      SUNAGAR ONI, VIJAYAPURA-586 101.

01(B) TEJAS S/O LATE SHEKHARAYYA MATH
      AGE: 26 YEARS
      R/O: INAMADAR COLONY,
      SUNAGAR ONI, VIJAYAPRA-586 101.
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02.   SHANKARAYYA MALLIKARJUN MATH
      SINCE DECEASED BY HIS LR.

02A. SURYAKANTH S/O SHANKARAYYA MATH
     AGE: 53 YEARS OCC: AGRICULTURE
     R/O: HANGARAGI
     VIJAYAPUR-586 102.

03.   SMT. SUVARNA W/O GURUBASAYYA MATH
      AGE: 48 YEARS OCC: HOUSEHOLD WORK
      R/O: LAXMINAGAR
      GACHHINATTI COLONY,
      VIJAYAPURA-586 102.

04.   SMT. BHOURAWWA W/O IRAYYA MATH
      AGE: 55 YEARS OCC: HOUSEHOLD WORK
      R/O: KOULAPETI SIRA AGASI
      BAGALKOT.

05.   SMT. SATEERAWWA W/O SIDDAYYA GOTHE
      AGE: 48 YEARS OCC: HOUSEHOLD WORK
      R/O: KOULAPETI SIRA AGASI
      BAGALKOT.

06.   SMT. MAHADEVI
      SINCE DECEASED BY HER LRS.

06A. SMT. SHEELA W/O IRAYYA CHIKKAMATH
     AGE: 30 YEARS OCC: HOUSEHOLD
     R/O: JAINAPUR
     VIJAYAPURA-586 113.

06B. SMT. SUSHEELA W/O VINOD HIREHAIMATH
     AGE: 33 YEARS OCC: HOUSEHOLD
     R/O: JAINAPUR
     VIJAPURA - 586 113.

                                     ... RESPONDENTS

(BY SRI. RAVI G. MADABHAVI ADVOCATE FOR R1 (A)
AND R1(B) and R6(A) to R6(B)
BY SRI. D. P. AMBEKAR, ADVOCATE FOR R2 TO R5)
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     THIS     REGULAR   SECOND       APPEAL     IS   FILED    UNDER

SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING

TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND

DECREE DATED 25.07.2016 PASSED IN R.A.NO.35/2011 ON

THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, BIJAPUR

CONFIRMING THE JUDGMENT AND DECREE DATED 16.12.2010

PASSED   IN    O.S.NO.49/2005       ON    THE   FILE   O     THE   III

ADDITIONAL SENIOR CIVIL JUDGE, BIJAPUR AND TO PASS ANY

OTHER APPROPRIATE ORDERS.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:-




                             ORDER

This Regular Second Appeal is preferred against the

judgment and decree dated 25.07.2016 passed in

R.A.No.35/2011 on the file of I Additional District Judge,

Vijayapur and the judgment and decree dated 16.12.2010

passed in O.S.No.49/2005 by the III Additional Senior Civil

Judge, Bijapur.

02. The parties to the appeal have filed the

compromise petition under Order XXIII Rule 3 read with

Section 151 of Code of Civil Procedure to settle their

dispute amicably in terms of compromise petition.

03. The parties to the appeal are present before

the Court and they are identified by their respective

learned counsel.

04. It is submitted by the learned counsel for the

appellants and respondents that the matter is amicably

settled between the parties.

05. The compromise petition is filed along with

Adhar Cards of the respective parties for identification. The

contents of the compromise petition are perused. The

parties have also agreed to the terms of the compromise

petition.

06. The parties submit that they have partitioned

the properties as per the compromise recorded in the

compromise petition. The parties also admit the receipt of

cheques referred in the compromise petition.

07. The parties to the compromise petition

submitted that they have entered into compromise without

any coercion or force from any one else. Accordingly, they

seek to modify the impugned judgment and decree in

terms of compromise petition.

08. On going through the contents of compromise

petition and after hearing learned counsel for the

respective parties, this Court satisfied that the compromise

petition is free from any force, undue influence or coercion.

09. Hence, the said compromise petition is

accepted.

10. Accordingly, the judgment and decree under

this appeal is modified in terms of the compromise

petition.

11. The registry is directed to draw final decree

accordingly, on requisite stamp paper to be furnished by

the parties.

Sd/-

JUDGE KJJ