Karnataka High Court
Sri Subhash Annasaheb Patil vs Sri Babasaheb Bhausaheb Patil on 22 August, 2023
Bench: Sreenivas Harish Kumar, Ramachandra D. Huddar
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NC: 2023:KHC-D:9314-DB
RFA No. 100526 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO.100526 OF 2022 (DEC-)
BETWEEN:
1. SRI. SUBHASH ANNASAHEB PATIL,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: PANGIRE (A)-591211,
TQ: CHIKODI, DIST: BELAGAVI.
2. SMT. HIRABAI
W/O. ANNASAHEB PATIL,
AGE: 84 YEARS,
OCC: AGRICULTURE AND
HOUSEHOLD WORK,
R/O: PANGIRE (A)-591211,
TQ: CHIKODI, DIST: BELAGAVI.
3. SMT. NANDASHRI
W/O. PRADEEP PATIL,
MANJANNA AGE: 56 YEARS,
E OCC: AGRICULTURE AND
Digitally signed by
HOUSEHOLD WORK,
MANJANNA E
Location: DHARWAD
R/O: PANGIRE (A)-591211,
Date: 2023.08.26
11:34:55 -0700 TQ: CHIKODI, DIST: BELAGAVI.
4. SRI. ANOOP
S/O. PRADEEP PATIL,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: PANGIRE (A)-591211,
TQ: CHIKODI, DIST: BELAGAVI.
5. SMT. POOJASHRI
W/O. RAJENDRA PATIL,
C/O. RAJENDRA RAJGOUDA PATIL,
AGE: 34 YEARS,
OCC: AGRICULTURE AND
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NC: 2023:KHC-D:9314-DB
RFA No. 100526 of 2022
HOUSEHOLD WORK,
R/O: MAISHAL-416409,
TQ: MIRAJ, DIST: KOLHAPUR.
...APPELLANTS
(BY SRI. H.R. DESHPANDE, ADVOCATE)
AND:
1. SRI. BABASAHEB BHAUSAHEB PATIL,
SINCE DECEASED BY HIS LRS.
SRI. BHAUSAHEB @ RAJENDRA
BABASAHEB PATIL,
AGE: 58 YEARS,
OCC: AGRICULTURE AND ADVOCATE,
R/O: AKKOL-591211,
TQ: CHIKODI, DIST: BELAGAVI.
2. SRI. PRASHANT BABASAHEB PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: AKKOL-591211,
TQ: CHIKODI, DIST: BELAGAVI.
3. SMT. KIRTI W/O. KIRAN PATIL,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: PATTANKUDI-591238,
TQ: CHIKODI, DIST: BELAGAVI.
4. SMT. SUJATA W/O. ASHOK KATRALE,
AGE: 54 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK,
R/O: SHIRGUPPI-591242,
TQ: ATHANI, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. NEELENDRA D. GUNDE, ADV. FOR C/R1 TO R4)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.07.2022 PASSED IN
O.S.NO.234/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, NIPPANI, DECREEING THE
SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:9314-DB
RFA No. 100526 of 2022
JUDGMENT
Appellant No.1 and 4 are present. Appellant No.1 is the
Power of Attorney for appellant No.2. Appellant No.4 is the
Power of Attorney for Appellant Nos.3 and 5.
2. Respondent No.1 is present. He is also the Power
of Attorney for respondent Nos.2 to 4.
3. Copies of power of attorneys are produced before
the Court.
4. Learned counsel for the appellants and
respondents are present.
5. The compromise petition is filed by both the
appellants and the respondents under Order XXIII Rule 3 of
CPC reporting compromise entered into between them.
6. As per the contents of para 2 of the compromise
petition, the respondents being legatees under the will have
given up their rights based upon the said will executed in
favour of Babasaheb son of Babusaheb Patil, the original
plaintiff.
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RFA No. 100526 of 2022
7. In view of the compromise entered into between
the appellants and the respondents, today before the Court
by way of two separate Demand Drafts drawn on RBL Bank
for Rs.6,00,000/- and Rs.5,00,000/- are handed over to
respondent No.1-Bhausaheb @ Rajendra Babasaheb Patil.
8. The contents of the compromise petition are read
over and explained to the appellants and the respondents in
Kannada and Marathi, the languages known to them. They
admit the terms of the compromise petition.
9. We are satisfied.
10. In view of the compromise entered into between
the appellants and the respondents, the appeal filed by the
appellants is allowed. The judgment and decree dated
20.07.2022 passed by the Senior Civil Judge and JMFC,
Nippani in O.S.No.234/2017 is hereby set aside.
Consequentially suit in O.S.No.234/2017 on the file of Senior
Civil Judge and JMFC, Nippani is dismissed.
11. There shall be decree in terms of the compromise
petition.
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RFA No. 100526 of 2022
Parties to bear their own costs.
It is submitted that the appellants have paid the Court
fee. Office to verify. After confirming the payment of Court
fee, office to draw decree.
Sd/-
JUDGE
Sd/-
JUDGE
EM
