Karnataka High Court
Rajesh Singh And Ors vs Vijay Singh And Ors on 13 December, 2023
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NC: 2023:KHC-K:9222
RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR FIRST APPEAL NO.200076 OF 2014 (DEC)
C/W
REGULAR FIRST APPEAL NO. 200197 OF 2019(DEC)
IN RFA NO.200076/2014:
BETWEEN:
1. PRATAP SINGH S/O SHANKAR SINGH
AGED ABOUT: 53 YEARS, OCC: BUSINESS
R/O: NEAR AMBEDKAR CIRCLE BIDAR-585401.
2. RAJESH SINGH S/O LATE TAKUR BHAGAT SINGH
AGED ABOUT: 35 YEARS, OCC: BUSINESS
R/O: NEAR AMBEDKAR CIRCLE BIDAR-585401.
3. DINESH SINGH S/O LATE TAKUR BHAGAT SINGH
Digitally signed
by SWETA AGED ABOUT: 42 YEARS, OCC: BUSINESS
KULKARNI R/O: NEAR AMBEDKAR CIRCLE BIDAR-585401.
Location: HIGH
COURT OF
KARNATAKA 4. MAHESH SINGH LATE TAKUR BHAGAT SINGH
AGED ABOUT: 48 YEARS, OCC: BUSINESS
R/O: NEAR AMBEDKAR CIRCLE BIDAR-585401.
5. YOGESH SINGH LATE TAKUR BHAGAT SINGH
AGED ABOUT: 38 YEARS, OCC: BUSINESS
R/O: NEAR AMBEDKAR CIRCLE, BIDAR-585401.
6. YOUGEETA BAI D/O LATE BHAGAT SINGH
AGED ABOUT: 37 YEARS, OCC:HOUSEHOLD
R/O: NEAR AMBEDKAR CIRCLE, BIDAR-585401.
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
7. RUPESH SINGH S/O LATE TAKUR BHAGAT SINGH
AGED ABOUT: 23 YEARS, OCC: BUSINESS
R/O: NEAR AMBEDKAR CIRCLE, BIDAR-585401.
...APPELLANTS
(BY SRI RAVI B PATIL, ADVOCATE)
AND:
1. VIJAY SING S/O LATE FATEH SINGH
DEAD BY LR'S.
1.a) SMT. POOJA W/O LATE VIJAY SINGH THAKUR
AGE: 45 YEARS,
1.b) KRITHIKA D/O LATE VIJAY SINGH THAKUR
AGE: 25 YEARS,
1.c) SHRITI D/O LATE VIJAY SINGH THAKUR
AGE: 22 YEARS,
1.d) VIJAY LAXMI D/O LATE VIJAY SINGH THAKUR
AGE: 15 YEARS,
1.e) SAMARTH S/O LATE VIJAY SINGH THAKUR
AGE: 08 YEARS,
ALL RESPONDENTS ARE R/O: FATESH SINGH
COMPLEX, NEAR AMBEDKAR CIRCLE, BIDAR-585401.
2. AJAY SINGH S/O LATE FATEH SINGH
AGED ABOUT : 23 YEARS,
R/O FATEH SINGH COMPLEX NEAR AMBEDKAR
CIRCLE ,BIDAR-585401.
3. JAISINGH S/O LATE FATEH SINGH
AGED ABOUT : 23 YEARS,
R/O FATEH SINGH COMPLEX NEAR AMBEDKAR
CIRCLE. BIDAR-585401.
4. SMT. SHANTABAI W/O LATE FATEH SINGH
AGED ABOUT : 23 YEARS,
R/O FATEH SINGH COMPLEX NEAR AMBEDKAR
CIRCLE, BIDAR-585401.
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
5. SMT.RADHABAI W/O LATE FATEH SINGH
SINCE DEAD DELETED
6. GEETA D/O LATE FATEH SINGH THAKUR
W/O SHYAM SINGH THAKUR
AGED ABOUT 50 YEARS,
OCC: HOUSEHOLD
R/O NEAR ASHTAVINAYAK MANDIR,
JINTUR ROAD NEW POWER HOUSE,
TQ. & DIST: PARBHANI,
MAHARASHTRA-431401.
7. SANGEETA D/O LATE FATEH SINGH THAKUR
W/O ASHOK SINGH CHAWAN
AGED ABOUT : 48 YEARS,
OCC: HOUSEHOLD
R/O SIDCO COLONY, BESIDE BALAJI MANDIR,
NANDED, TQ. & DIST: NANDED,
MAHARASHTRA-431603.
(V/O DATED 13.12.2023 APPEAL AGAINST R7 IS
ABATED)
...RESPONDENTS
(BY SRI D.P. AMBEKAR, ADV. FOR R1(a) TO R1(c), R2 TO R4;
R1(d) & R1(e) ARE MINORS REPRESENTED BY R1(a);
V/O DATED 12.12.2014 APPEAL IS DISMISSED AGAINST R5,
V/O DATED 13.12.2023 APPEAL AGAINST R7 IS ABATED)
THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO CALL
FOR THE RECORDS ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND CJM AT BIDAR, IN O.S. NO.29/2009 CULMINATING
IN THE JUDGMENT AND DECREE IMPUGNED SET ASIDE THE
JUDGMENT AND DECREE PASSED BY PRINCIPAL SENIOR CIVIL
JUDGE CJM AT BIDAR, IN O.S. NO. 29/2009 DATED 31.10.2014
AND CONSEQUENTIALLY DISMISS THE SUIT OF THE
PLAINTIFFS IN ENTIRETY.
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
IN RFA NO.200197/2019:
BETWEEN:
1. RAJESH SINGH
S/O LATE THAKUR BHAGAT SINGH,
AGED ABOUT 43 YEARS,
OCC: BUSINESS,
R/O: NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
2. DINESH SINGH
S/O LATE THAKUR BHAGAT SINGH
AGED ABOUT 40 YEARS,
OCC: BUSINESS,
R/O: AMBEDKAR CIRCLE,
BIDAR-585401.
3. MAHESH SINGH
S/O LATE THAKUR BHAGAT SINGH
AGED ABOUT 38 YEARS,
OCC: BUSINESS,
R/O: NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
4. YOGESH SINGH
S/O LATE THAKUR BHAGAT SINGH
AGED ABOUT 36 YEARS,
OCC: BUSINESS,
R/O: NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
5. RUPESH SINGH
S/O LATE THAKUR BHAGAT SINGH
AGED ABOUT 33 YEARS, OCC: BUSINESS,
R/O: NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
6. PRATAP SINGH
S/O SHANKAR SINGH
AGED ABOUT 52 YEARS,
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
OCC: BUSINESS,
R/O: NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
7. KRISHNABAI
W/O CHANDERPAL SINGH
AGED ABOUT 67 YEARS,
OCC: HOUSE HOLD,
R/O: AMRAIWADI, GUPTA KI CHAALI,
GUJARAT.
8. YOGEETA BAI @ CHANDRAMMA
D/O LATE BHAGAT SINGH
AGED ABOUT 35 YEARS,
OCC: HOUSE HOLD,
R/O: NEAR AMBEDKAR CIRCLE, BIDAR.
...APPELLANTS
(BY SRI RAVI B. PATIL, ADVOCATE)
AND:
1. VIJAY SING S/O LATE FATEH SINGH
DEAD BY LR'S.
1.a) SMT. POOJA W/O LATE VIJAY SINGH THAKUR
AGE: 45 YEARS,
1.b) KRITHIKA D/O LATE VIJAY SINGH THAKUR
AGE: 25 YEARS,
1.c) SHRITI D/O LATE VIJAY SINGH THAKUR
AGE: 22 YEARS,
1.d) VIJAY LAXMI D/O LATE VIJAY SINGH THAKUR
AGE: 15 YEARS,
1.e) SAMARTH S/O LATE VIJAY SINGH THAKUR
AGE: 08 YEARS,
ALL RESPONDENTS ARE R/O: FATESH SINGH
COMPLEX, NEAR AMBEDKAR CIRCLE,
BIDAR-585401.
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
2. AJAY SINGH
S/O LATE FATEH SINGH
AGED ABOUT 40 YEARS,
R/O: FATEH SINGH COMPLEX,
NEAR AMBEDKAR CIRCLE, BIDAR-585401.
3. JAISINGH
S/O LATE FATEH SINGH
AGED ABOUT 37 YEARS,
R/O: FATEH SINGH COMPLEX,
AMBEDKAR CIRCLE, BIDAR-585401.
4. SMT. SHANTABAI
W/O LATE FATEH SINGH
AGED ABOUT 60 YEARS,
R/O: FATEH SINGH COMPLEX,
AMBEDKAR CIRCLE, BIDAR-585401.
...RESPONDENTS
(BY SRI D. P. AMBEKAR, ADV. FOR R1(a) TO R(c) & R2 TO
R4(VK FILED); R1(d) & R1(e) ARE MINORS REPRESENTED BY
LR'S OF R1(a))
THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO CALL
FOR THE RECORDS ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND CJM AT BIDAR, IN O.S. NO.84/1997 CULMINATING
IN THE JUDGMENT AND DECREE IMPUGNED, SET ASIDE THE
JUDGMENT AND DECREE PASSED BY PRINCIPAL SENIOR CIVIL
JUDGE AND CJM AT BIDAR, IN O.S. NO. 84/1997 DATED
31.10.2014 AND CONSEQUENTIALLY DECREE THE SUIT OF THE
PLAINTIFFS IN ENTIRETY.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RFA No. 200076 of 2014
C/W RFA No. 200197 of 2019
JUDGMENT
Learned counsel for the appellants and the respondents
have filed compromise petition under Order XXIII Rule 3 of
CPC, praying to allow the appeal in terms of the compromise
petition and to dismiss the suit accordingly.
IN RFA NO.200076/2014:
Appellant Nos.1 to 4 are present. Appellant Nos.5 to 7 are
represented by their special power of attorney-appellant No.2
(Rajesh Singh).
Respondent Nos.1(a)(b) are present. Respondent No.1
(c) is represented by special power of attorney holder i.e.,
respondent No.2-(Ajay Singh), respondent No.1(d) and (e) are
minor represented by their guardian mother i.e., respondent
No.1(a) (Pooja), respondent Nos.2, 3 and 4 are present.
Respondent No.5 is already dead. It is stated that her legal
representatives are already brought on record. Respondent
No.6 is absent. It is stated that she is represented by other
respondents. The appeal against respondent No.7 is dismissed
as abated.
NC: 2023:KHC-K:9222
RFA No.200197/2019:
Appellant Nos.1 to 3 and 6 are present. Appellant Nos.4,
5 and 8 are represented by their special power of attorney-
holder appellant No.1 (Rajesh Singh). Appellant No.7 is absent.
It is stated that she is represented by other appellants.
Respondent Nos.1 (a) and (b), respondent Nos.2, 3 and 4
are present. Respondent 1(c) is represented by special power
of attorney holder i.e, respondent No.2 (Ajay Singh),
respondent No.1(d) and (e) are minors, represented by their
guardian respondent No.1(a) (Pooja).
They are identified by their respective counsel.
The terms and conditions of the compromise petition reads
as under:
"The Appellants and Respondents in the above
matter humbly submit as under;
01. The above appeal is preferred by the Plaintiffs in
O.S.No.84/1997 filed for the relief of declaration and
perpetual injunction and Defendants in
O.S.No.29/2009 filed by the Respondents seeking
for the relief of declaration of ownership and for
recovery of possession in respect of property bearing
Municipal No.8-3-84, 8-3-85, 8-3-86, 8-3-87, 8-3-
88, 8-3-89 & 8-3-90, which were renumbered as
NC: 2023:KHC-K:9222
8-3-113 to 8-3-119. Both the suits were clubbed
together and disposed vide common Judgment dated
31.10.2014 by the Court of Prl. Senior Civil Judge &
CJM Bidar, thereby dismissing the suit of the Plaintiff
in O.S.No.84/1997 and decreed the suit of the
Respondents in O.S.No.29/2009.
02. The Appellants and Respondents due to intervention
of the friends and family members and relatives, the
Appellants and Respondents have mutually agreed
to settle the dispute amicably by way of
compromise. The parties to the proceedings have
settled the dispute at their own will and desire
without being influenced by either threat, coercion
or misrepresentation and the parties to the appeal
have agreed to reduce their terms of understanding
in the form of present compromise Petition.
03. It is agreed between the parties that suit property
which is earmarked as 'A, B, C, D' in the map
enclosed with the present compromise is the total
extent of the property which is in possession of the
Appellants and by virtue of the present compromise
the extent shown at 'A, E, F, D' (Portion earmarked
in RED colour) is the portion retained by the
Appellants by virtue of the present compromise and
are to be declared as the absolute joint owners over
the said extent of the property and the Respondents
have no claim in whatsoever nature, except an
easement right of approach way of measuring 6 ft
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wide only to approach their property through the
portion earmarked in the sketch annexed.
05. It is further agreed that the portion reflected at E, B,
C, F' in the annexed sketch map (portion marked in
GREEN colour) is handed over to the
Respondents/Defendants measuring to an extent of
42.8 ft x 18ft by virtue of the present compromise
and the possession of the said extent is duly handed
over to the Respondent representative being the
Respondent No.2 on this day and same is duly
acknowledged by the Respondent and the Appellants
have no any further claim over the said portion of
the property.
07. It is further agreed between the parties that the
easement right provided through the portion of the
property shown at A, E, F, D (Portion earmarked in
RED colour) is only to access the property reflected
at E, B, C. F' in the annexed sketch map (portion
marked in GREEN colour) at the ground floor to a
height of 10ft only and the Appellants herein are
entitled to use the portion above the said 10ft height
by putting construction without causing any
hindrance for ingress and eggress to the property of
the Respondents. The Respondents also undertake
not to claim any right over the said portion of
property except the right to approach their property
and the passage so provided will be the absolute
property of the Appellants "The width of the said
passage will be clear 6 feet in width".
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08. It is further agreed that both the parties are at liberty
to secure necessary entries in the Municipal records
in respect of the portions fallen to their respective
shares by virtue of present compromise Petition and
it is also agreed that both the parties shall co-
operate for filing necessary application before the
Municipal Authorizes for getting their respective
names entered in the Municipal records by
submitting necessary no objection. "In case of any
claim by Respondent No.6 & 7 Sangeet & Geeta the
other respondents will indemnity the appellants fully
by giving her share from their property".
09. It is further agreed that since the existing structure
over the schedule properties are more than 50 years
old both the parties are willing to
renovate/reconstruct their extent of the properties,
in which event both the parties shall co-operate for
securing necessary construction permission from the
competent authorities by submitting necessary no
objection.
10. The Appellants and Respondents have further agreed
not to cause any inconvenience by either of the
parties for the use and enjoyment of their respective
shares in any manner in future and would amicably
resolved any differences relating to the subject
property.
11. The Appellants and Respondents have agreed to
Decree both the suits in O.S.No.84/1997 and
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O.S.No.29/2019 in the terms of present compromise
Petition and same shall be an executable Decree
enforceable against each other in the event of any
non- coordination by either of the parties. The share
of Absent appellants shall be indemnified by
remaining appellant.
12. The parties to the appeal have joined their hands to
settle all their disputes by their own consent and
have understood the terms of the present
compromise and have put their signatures".
Parties have admitted the terms of compromise and
submit that they have subscribed their signature after knowing
the contentions.
Special Power of Attorney deeds executed by appellant
No.5 to 7, appointing appellant No.2 as their attorney is
produced. Similarly, special power of attorney deed executed
by respondent No.1(c), appointing respondent No.2 as attorney
is also produced.
Respondent No.6 - Geeta is absent. The respondents
and the counsel submit that the respondents undertake to
indemnify her by allotting her share in the suit properties.
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Satisfied with the terms of the compromise petition. The
compromise petition is accepted.
The appeal is allowed in terms of the compromise
petition.
Office is directed to draw decree accordingly.
Parties are directed to bear their own costs.
Office is directed to send back the Trial Court records
forthwith.
Sd/-
JUDGE
BH
