Nijalingappa vs Ningavva
2023 Latest Caselaw 6144 Kant

                                                 -1-
                                                         NC: 2023:KHC-D:9768-DB
                                                         RFA No. 100015 of 2017




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                             DATED THIS THE 30TH 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. 100015 OF 2017 (PAR/POS-)

VINAYAKA           BETWEEN:
BV
                   1.   NIJALINGAPPA S/O. MAHADEVAPPA HONNALLI,
Digitally signed
by VINAYAKA B V         AGE: 39 YEARS, OCC: AGRICULTURE,
Date: 2023.09.08
10:47:45 +0530
                        R/O: BAGADAGERI VILLAGE,
                        TQ: KALAGHATAGI, PIN: 581204.
                   2.   SHIVANAND S/O. MAHADEVAPPA HONNALLI,
                        AGE: 38 YEARS, OCC: PVT. WORK,
                        R/O: KALAGHATAGI, PIN: 581204.
                                                                    ...APPELLANTS
                   (BY SRI. GURUDEV I. GACHCHINMATH, ADVOCATE)
                   AND:
                   1.   NINGAVVA W/O. LATE BASAPPA BACHAGUNDI,
                        AGE: 55 YEARS, OCC: HOUSE HOLD WORK,
                        R/O: BASAVA KRUPA, R.M. LOHIYA NAGAR,
                        19TH CROSS, HOUSE NO.1028,
                        GOKUL ROAD, HUBBALLI, PIN: 580030.

                   2.   CHANNAPPA S/O. MAHADEVAPPA HONNALLI,
                        AGE: 42 YEARS, OCC: AGRICULTURE,
                        R/O: BAGADAGERI VILLAGE,
                        TQ: KALAGHATAGI, PIN: 581204.

                   3.   GANAGAPPA S/O. CHANNABASAPPA HONNALLI,
                        AGE: 25 YEARS, OCC: AGRICULTURE,
                        R/O: BAGADAGERI VILLAGE,
                        TQ: KALAGHATAGI, PIN: 581204.

                   4.   SIDDAPPA S/O. CHANNAPPA HONNALLI,
                        AGE: 39 YEARS, OCC: AGRICULTURE,
                        R/O: RAMALINGESHWAR NAGAR,
                        GOKUL ROAD, HUBBALLI, PIN: 580030.
                                                                  ...RESPONDENTS
                   (BY SRI. S.C. JAINAR, ADV. FOR R1)
                   (SRI. SOURABH HEGDE, ADV. FOR R3 AND R4)
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                                     NC: 2023:KHC-D:9768-DB
                                     RFA No. 100015 of 2017




     THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT     AND    DECREE   DTD:23.07.2016   PASSED   IN
O.S.NO.114/2014 ON THE FILE OF THE III-ADDITIONAL SENIOR
CIVIL JUDGE, HUBBALLI, ITENERARY COURT AT KALAGHATAGI
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:

                         JUDGMENT

Appellant No.1, respondent Nos.1, 3 and 4 and their

respective counsel are present before the Court.

2. Appellant No.2 and respondent No.2 are absent.

3. Compromise petition is filed under Order XXIII

Rule 3 of CPC reporting the compromise between appellant

Nos.1 and respondent Nos.1, 3 & 4.

4. There is a recital at clause (i) of the compromise

petition, which reads as under;

"i. Since the appellant No.2 and the respondent No.;2 are brothers of the appellant No.1 and the appellant No.1, 2, and 3 are the children of Mahadevappa, if in case the Appellant No.2 and the respondent No.2 intend to claim their shares in due course they shall do so in the share allotted to the Appellant No.1 in the present compromise petition and they shall not claim any share nor have any right in respect of the land allotted to 3respondent nos.No.1, 3 and 4."

NC: 2023:KHC-D:9768-DB RFA No. 100015 of 2017

5. The above recital takes care of the right and

interest of appellant no.2 and respondent no.2, who are not

signatories to this compromise petition.

6. Rough sketch is annexed to the compromise

petition. The rough sketch indicates the portion allotted to

each of the parties to this compromise.

7. The contents of the compromise petition are read

over and explained to the parties who are present before the

Court in Kannada language known to them. They admit the

contents of the same and submit that they have entered into

compromise voluntarily and out of their free will.

8. We are satisfied with the terms of the

compromise as they are lawful and therefore compromise is

accepted.

9. In view of the compromise arrived at between

appellant No.1 and respondent Nos.1, 3 and 4, the appeal is

disposed of. Consequentially, the judgment and decree of

the Trial Court is modified in terms of the compromise

petition.

NC: 2023:KHC-D:9768-DB RFA No. 100015 of 2017

10. It is submitted that, the possession of the landed

property so partitioned, be given to the respective sharers on

or before 01.12.2023 by the appellants. In case, the

possession is not handed over, they can seek possession of

the same, by filing execution.

11. There shall be final decree in terms of

compromise petition.

11. Office shall draw final decree in terms of the

compromise and the sketch after collecting necessary duties.

13. The compromise petition and the rough sketch

annexed to the same form part and parcel of the decree.

Parties are directed to bear their own costs.

Sd/-

JUDGE

Sd/-

JUDGE

EM