Karnataka High Court
Shivappa vs Mahadevamma on 25 March, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
RSA.No.707/2014
BETWEEN:
01. SHIVAPPA S/O HANMANTHA UPPAR
R/O: VILLAGE BILHAR, POST WADGERA
TQ: SHAHAPUR, DIST: YADGIRI-585 309.
SINCE DECEASED BY LRS.
01A. GANGAMMA W/O LATE SHIVAPPA BILAR
AGE: 59 YEARS OCC: HOUSEHOLD
R/O: C/O: RAJESH MALI, H.NO.68/19
B.D.D. BLOCKS, WORLI
MUMBAI - 400018
(MAHARASTRA STATE).
01B. SHRINIVAS S/O LATE SHIVAPPA BILAR
AGE: 31 YEARS OCC: SERVICE
R/O: C/O: RAJESH MALI, H.NO.68/19
B.D.D. BLOCKS, WORLI
MUMBAI - 400018
(MAHARASTRA STATE).
01C. DINESH S/O LATE SHIVAPPA BILAR
AGE: 27 YEARS OCC: SERVICE
R/O: C/O: RAJESH MALI, H.NO.68/19
B.D.D. BLOCKS, WORLI
MUMBAI-400018
(MAHARASTRA STATE)
.... APPELLANTS
(BY SRI. ANANTH S. JAHAGIRDAR, ADVOCATE)
2
AND:
01. MAHADEVAMMA
ALLEGED TO BE W/O YANKAPPA UPPAR
AGE: 54 YEARS OCC: AGRICULTURE
02. BHIMAPPA
ALLEGED TO BE S/O YANKAPPA UPPAR
AGE: 34 YEARS OCC: AGRICULTURE
BOTH R/O: VILLAGE BILHAR, POST WADEGERA
TQ: SHAHAPUR DIST: YADGIRI-585 309.
... RESPONDENTS
(BY SRI. VIKRAM VIJAYKUMAR, ADVOCATE FOR R1&2)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO
ALLOW THIS APPEAL AND TO SET ASIDE THE JUDGMENT AND
DECREE DATED 19.04.2014 PASSED IN R.A.NO.18/2010 ON
THE FILE OF THE SENIOR CIVIL JUDGE, SHORAPUR, SITTING
AT SHAHAPUR, CONFIRMING THE JUDGMENT AND DECREE
DATED 17.09.2010 PASSED IN O.S.NO.4/2008 ON THE FILE OF
THE CIVIL JUDGE (JR.DN) SHAHAPUR AND TO PASS ANY OTHER
APPROPRIATE ORDERS.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
3
ORDER
This Regular Second Appeal is preferred against the
judgment and decree dated 19.04.2014 passed in
R.A.No.18/2010 on the file of Senior Civil Judge, Shorapur,
sitting at Shahapur and the judgment and decree dated
17.09.2010 passed in O.S.No.4/2008 on the file of Civil
Judge (Jr. Dn), Shahapur.
02. The parties to the appeal have filed the
compromise petition under Order XXIII Rule 3 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 contents of the compromise petition are
perused. The parties have also agreed to the terms of the
compromise petition.
06. 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.
07. 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.
08. Hence, the said compromise petition is
accepted.
09. Accordingly, the judgment and decree under
this appeal is modified in terms of the compromise
petition.
10. The registry is directed to draw final decree
accordingly, on requisite stamp paper to be furnished by
the parties.
SD/-
JUDGE
KJJ
