Karnataka High Court
Smt. Kallamma vs Sri Dodda Erappa on 16 August, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:29371
RSA No. 1070 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1070 OF 2018 (PAR)
BETWEEN:
1. SMT. KALLAMMA
D/O LATE EARAPPA,
W/O GULLAPPA,
AGED ABOUT 44 YEARS,
R/AT HOGARI VILLAGE
KASABA HOBLI,
KOLAR TALUK
KOLAR DISTRICT - 563 138.
...APPELLANT
(BY SRI. A.VIJAY KUMAR BHAT .,ADVOCATE)
AND:
1. SRI DODDA ERAPPA
S/O LATE ERAPPA
Digitally signed SINCE DECEASED BY HIS LRS
by SHARANYA T
Location: HIGH
COURT OF 1(a) SMT.MUNIYAMMA
KARNATAKA W/O NARAYANASWAMY,
D/O LATE DODDA ERAPPA,
AGED ABOUT 45 YEARS,
R/AT HOGARI VILLAGE,
KASABA HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563 138.
1(b) SMT. KALAVATHI
W/O RAMESH,
D/O LATE DODDA ERAPPA,
AGED ABOUT 55 YEARS,
R/AT BASAVANATHA VILLAGE,
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NC: 2023:KHC:29371
RSA No. 1070 of 2018
KASABA HOBLI,
KOLAR TALUK,
KOLAR DISTRICT-563138.
2. SRI NARAYANAPPA
S/O LATE ERAPPA,
AGED ABOUT 54 YEARS,
3. SMT. KALLAMMA
W/O LATE CHIKKA ERAPPA,
AGED ABOUT 56 YEARS,
4. SMT. NAGAMMA
D/O LATE ERAPPA,
AGED ABOUT 63 YEARS,
5. SMT. MUNIKALLAMMA
D/O LATE ERAPPA,
AGED ABOUT 73 YEARS,
REPSONDENT NOS.2 TO 5 ARE
RESIDING AT HOGARI VILLAGE,
KASABA HOBLI, KOLAR TALUK,
KOLAR DISTRICT - 563 138.
...RESPONDENTS
(BY SRI.CHANDRASHEKAR.N.SANGALLI FOR RESPONDENT
No.1(A-B), 2, 4 AND 5 .,ADVOCATE AND
SRI.C.S.VISWESWARAIAH FOR RESPONDENT No.3)
THIS R.S.A IS FILED UNDER SEC.100 OF CPC AGAINST
THE JUDGMENT AND DECREE DTD 12.03.2018 PASSED IN
R.A.NO.106/2015, ON THE FILE OF THE II ADDL.SENIOR CIVIL
JUDGE, KOLAR, PARTLY ALLOWING THE APPEAL AND
MODIFYING THE JUDGMENT AND DECREE DATED 21.08.2015
PASSED IN O.S.NO.160/2010 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC., KOLAR.
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NC: 2023:KHC:29371
RSA No. 1070 of 2018
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard on IA No.1/2023 filed by the learned counsel for
appellant where there is a delay of 289 days in filing legal
representatives' application and the counsel also filed IA
No.2/2023 for setting aside the abatement order and bringing
legal representatives of deceased respondent No.1 on record as
per IA No.3/2023.
2. The legal representatives themselves have filed
these applications and the counsel for the appellant has no
objection to allow those applications. For the reasons stated in
the applications as well as in the affidavits, the delay of 289
days in filing the legal representative application is condoned
and abatement is set-aside.
3. The appellant counsel is directed to amend the
cause title and to file amended cause title.
4. The amendment is carried out by the counsel for
appellant and he has filed amended cause title.
5. The counsel for appellant has also filed IA
No.4/2023 for amendment of the plaint wherein in the schedule
NC: 2023:KHC:29371
RSA No. 1070 of 2018
the survey number is mentioned as Sy.No.20/1A and
subsequent to the survey and phodi work, the survey number
has been numbered as Sy.No.20/3.
6. The counsel for the respondents has not disputed
the submission of the appellant's counsel and also averments
made in the application. Hence, IA No.4/2023 filed by the
counsel for the appellant is allowed.
7. The counsel for appellant is permitted to carry out
the amendment to the schedule as Sy.No.20/3 instead of
Sy.No.20/1A in the plaint.
8. The parties i.e., appellant, respondent No.1, legal
representatives of respondent Nos.1 i.e., 1(A) and 1(B) and
also respondent Nos.2,3 and 5 are present, the respective
counsels are also present and they identified the appellant as
well as the respondents before this Court.
9. In terms of the compromise, the parties got allotted
the suit schedule properties as schedule 'A' to schedule 'G'. The
parties have also understood the terms of the compromise.
Hence, the compromise is accepted and accordingly
compromise petition filed under Order 22 Rule 3 is allowed.
NC: 2023:KHC:29371
RSA No. 1070 of 2018
10. The Registry is directed to draw the decree in terms
of the compromise entered between the parties.
Sd/-
JUDGE
RHS
