Karnataka High Court
Srikant S/O Narasihama Chary Purohith ... vs Vani D/O Narasimhma Chargy Purohith And ... on 13 December, 2023
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RFA No. 200017 of 2023
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.200017 OF 2023 (PAR/POS)
BETWEEN:
1. SRIKANT S/O NARASIHAMA CHARY PUROHITH
AGE: 41 YEARS, OCC: BUSINESS,
R/O: H NO. 10-900, NEAR JANGE BROTHERS,
BRAHMPUR, KALABURGI.
2. JOTHI D/O NARASIHAMA CHARGY PUROHITH
AGE: 39 YEARS, OCC: BUSINESS,
R/O: H NO. 10-900, NEAR JANGE, BROTHER,
BRAHMAPUR, KALABURAGI.
...APPELLANTS
(BY SRI SANTOSH KUMAR B METRI,
SRI AVEENASH N. PATIL, ADVOCATES)
Digitally signed
by SHILPA R AND:
TENIHALLI
Location: HIGH 1. SMT. VANI D/O NARASIMHMA CHARGY PUROHITH
COURT OF
KARNATAKA AFTER MARRIAGE SMT. VANI W/O ANAND PURANIK
AGE: 51 YEARS,
OCC: PRINCIPAL VIKAS ITI COLLEGE,
R/O: SATTUR COLONY, VIDYAGIRI DHARWAD,
TALUKA AND DIST: DHARWAD-580004.
2. PARIMALA W/O NARASIMHMA CHARY PUROHITH
AGE: 66 YEARS, OCC: HOUSEHOLD
R/O: PLOT NO. 97, 7TH CROSS,
YALAKKISHETTAR COLONY,
VIDYAGIRI TALUKA AND DIST DHARWAD-580004.
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RFA No. 200017 of 2023
3. GURURAJ S/O NARASIHMA CHARGY PUROHITH
AGE: 46 YEARS, OCC: BUSINESS
R/O: PLOT NO. 97, 7TH CROSS,
YALAKKISHETTAR COLONY,
VIDYAGIRI TALUKA AND DIST: DHARWAD-580004.
4. KARTIK S/O NARASIMHMA CHARGY PUROHITH
AGE: 43 YEARS, OCC: BUSINESS
R/O: PLOT NO. 97, 7TH CROSS,
YALAKKISHETTAR COLONY,
VIDYAGIRI TALUKA AND DIST DHARWAD-580004.
5. SHARANABASAPPA @ SHARANA
S/O BASAVARAJ ALMEL
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O: KIRANAGI,
TALUK AND DIST: KALABURAGI-585308.
...RESPONDENTS
(BY SRI M. F. ANGADI, ADV. FOR R1;
SRI VISHWANATH RAMPUR ADV. FOR R2 TO R4;
NOTICE TO R5 IS HELD SUFFICIENT-V/O DATED 04.09.2023)
THIS RFA IS FILED UNDER SEC. 96 OF CPC, PRAYING TO,
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
DECREE DATED: 16.11.2022 PASSED IN O.S. NO. 159/2022 BY
THE I ADDL. SENIOR CIVIL JUDGE KALABURAGI AND REMAND
THE MATTER TO THE TRAIL Court BY CONSIDERING WRITTEN
STATEMENT FILED BY THE APPELLANT HEREIN FOR PROVING
THEIR CASE, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 200017 of 2023
JUDGMENT
The learned counsel for the appellants and respondents in
unison submit that the parties have settled their dispute
amicably in terms of the compromise petition. They have also
filed compromise petition under Order 23 Rule 3 of CPC.
2. Appellant Nos.1 and 2 and respondent Nos.1 to 4
are present. They are identified by their respective counsel.
The terms of the compromise petition read as under:
"The above named appellant No.1 and 2 respondent
No.1 to 4 submits their compromise application as
under:
1. That, the respondent have filed the partition suit
before the trail Court and the same was decreed.
2. That, the appellants and respondent no.1 to 4 are
the legal heirs of the deceased Narasimha Charya
S/o Babba Charya Purohit and the suit properties
Joint Hindu Family Property.
3. That, the elderly persons of the both respondents
came to conclusion to settle matter as per their
respective below mentioned terms and conditions.
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4. That, the appellant No.2 is having 07 acre 06 guntas,
situated at Kiranagi village, Tq and Dist: Kalaburagi
and the appellant is ready to given-up 05 acres of
agricultural land to respondent No.1 to 4 towards
North Side of the Sy. No. 420/2 without any
obstructions, and remaining 02 acres 06 guntas will
be remained in the name of appellant No.2.
5. The appellant No.1 stating the boundary of
relinquishment right of 05 acres is as under:-
East : foot Road.
West : Appellant No.1 land Sy. NO. 420/1
North : Land Sy. No.421.
South : Remaining land of Appellant No.2.
6. The respondents No.1 to 4 in turn of the agriculture
land ready to given-up their entire rights over the
house property and open site, situated at
Brahampur, Tq and Dist: Kalaburagi unconditionally
'Bearing its No: 10-900'.
7. Further appellants No.1 and 2 and respondent No.1
to 4 are given-up their share in Sy. No. 420/3 which
was sold by appellant No.1 in favour of respondent
No.5 and also respondent No.1 to 4 are agreed to
given-up their share in Sy. No.420/1.
8. Further the appellants and respondent no.1 to 4
declares that, as per this compromise petition both
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the appellants and respondent are now onwards
absolute owners and in possession of their respective
allotted land.
9. The appellants and respondents No.1 to 4 by
obtaining this compromise decree with their will and
wish can approach the competent authority to get
their names in their respective record of rights."
3. Both appellants and respondent Nos.1 to 4 admit
the terms of the compromise. Respondent No.5 even after
service of notice, remained unrepresented. Learned counsel for
the appellants and respondents in unison submit that
respondent No.5 is the purchaser of the property. Appellant
Nos.1 and 2 and respondent Nos.1 to 4 have given up their
share in Survey No.420/3, which was purchased by respondent
No.5 from appellant No.1. Learned counsel further submitted
that respondent Nos.1 to 4 have given up their right over the
house property and the open site situated at Brahmpur of
Kalaburagi, which is bearing No.10-900, which was purchased
by respondent No.5. Therefore, he is not a necessary party to
the compromise petition.
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4. I am satisfied with the terms of the compromise
petition. Hence, terms of 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.
Sd/-
JUDGE
SRT
CT-VD
