Bhimappa S/O Yallappa Byadagi vs Jeevappa S/O Dattu Attigeri And ...
2023 Latest Caselaw 4834 Kant

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                                                           NC: 2023:KHC-K:5784
                                                             RSA No. 200067 of 2016




                                    IN THE HIGH COURT OF KARNATAKA,

                                           KALABURAGI BENCH

                                  DATED THIS THE 25TH DAY OF JULY, 2023

                                                  BEFORE
                               THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                                       RSA NO. 200067 OF 2016 (DEC)
                       BETWEEN:

                       BHIMAPPA S/O YALLAPPA BYADAGI
                       AGE: 76 YEARS, OCC: AGRICULTURE
                       R/O SIDDAPUR, KARIKOLLA
                       TQ. & DIST. VIJAYPUR.
                                                                      ...APPELLANT
                       (BY SRI SHIVANAND PATIL, ADVOCATE)

                       AND:

                       1.      JEEVAPPA S/O DATTU ATTIGERI
                               SINCE DECEASED BY HIS LR'S:

                       1A.     SATTEVVA W/O JEEVAPPA ATTIGERI
                               AGE: 83 YEARS, OCC: H. H. WORK
Digitally signed by
RAMESH MATHAPATI               R/O SIDDAPUR, KARIKOLLA
Location: HIGH COURT
OF KARNATAKA                   TQ. & DIST. VIJAYAPUR-586108.

                       1B.     SHIVAPPA S/O JEEVAPPA ATTIGERI
                               AGE: 69 YEARS, OCC: AGRI & SERVICE
                               R/O SINDDAPUR, KARIKOLLA
                               TQ. & DIST.VIJAYAPUR-585108

                       1B(I)   BHARATI W/O LATE SHIVAPPA
                               AGE: 54 YEARS, OCC: HOUSEHOLD

                       1B(II) VIJAY S/O SHIVAPPA
                              AGE: 30 YEARS, OCC: AGRI
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                                         NC: 2023:KHC-K:5784
                                          RSA No. 200067 of 2016




      BOTH ARE R/O SIDDAPUR KARIKOLLA
      TQ. & DIST. VIJAYAPURA.
1C.   SUBHAS S/O JEEVAPPA ATTIGERI
      AGE: 67 YEARS, OCC: AGRI & SERVICE
      R/O SINDDAPUR KARIKOLLA
      TQ. & DIST. VIJAYAPUR-586102

2.    THE STATE OF KARNATAKA
      REPRESENTED BY D.C.
      VIJAYAPUR-586102

3.    THE SPECIAL TAHASILDAR
      LAND REFORMS,
      VIJAYAPUR-586102.

      (Respondent Nos.2 and 3 deleted)
                                      ...RESPONDENTS
(BY SRI D. P. AMBEKAR, ADVOCATE FOR R1(A), R1(B)(I),
R1(B(II), R1(C);
 R2 & R3 ARE DELETED)


      THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO

ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED

JUDGMENT        AND       DECREE         DATED    18.11.2015    IN

R.A.NO.115/2006     AND    CONFIRM        THE    JUDGMENT      AND

DECREE DATED 08.06.2006 IN O.S.NO.43/1986 AND DISMISS

THE SUIT OF THE PLAINTIFFS.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                                       NC: 2023:KHC-K:5784
                                        RSA No. 200067 of 2016




                            JUDGMENT

1. A compromise petition is filed, the terms of which

reads as under:

The appellant and the Respondents No 1 b(1), 1b(2) and 1c submit this joint petition of compromise as under

1. It is submitted that due to the intervention and advice of the elders of the village, the parties to the Lis have decided to amicably settle their disputes in terms of the compromise asunder.

TERMS OF COMPROMISE

A. It is agreed to by the parties to the suit that the respondents No 1 b(1), 1b(2) and 1c are the absolute owners in possession of Sy No 216/1/2A/1 measuring 2 acre 30 gunta of village Siddapur(K) and similarly the appellant is the owner of Sy No 215/2/1 measuring 8 acre 30 gunta of village Siddapur(K).

B. It is further admitted by the respondents No 1 b(1), 1b(2) and 1c that the suit property described as ABX portion of land shown in the sketch map in OS No 43/ 1986 on

NC: 2023:KHC-K:5784 RSA No. 200067 of 2016

the file of IInd Addl Civil Judge (Jr Dn) Vijayapur is in fact a part of Sy.No 215/2/1 measuring 8 acre 30 guntas of village Siddapur(K) belonging to the appellant/defendant No 3 and not a part of Sy.No 216/1/2A/1 measuring 2 acre 30 guntas of village Siddapur(K) belonging to the Respondents No 1 b(1), 1b(2) and 1c/Plaintiffs.

It is further agreed that the appellant/Defendant-3 is in physical possession of the suit property described as ABX portion of land shown in the sketch map in OS No.43/1986 on the file of IInd Addl Civil Judge (Jr Dn) Vijayapur and that the plaintiffs have no concern either with title or possession over the said extent and agree not to interfere with the possession of the appellant over the same.

C. The parties shall bear their respective cost.

PRAYER

Wherefore, it is respectfully prayed that the Hon'ble Court be pleased to accept, allow and decree the appeal in terms of the compromise entered into between the parties in the interest of justice and equity.

NC: 2023:KHC-K:5784 RSA No. 200067 of 2016

2. The parties are present and are identified by their

respective counsel. All of them agreed for the execution

and the compromise and state that they have entered into

compromise on their own will and volition.

3. In my view, the terms of the compromise are lawful

and same deserves to be accepted. Accordingly, this

appeal is hereby disposed of in terms of the compromise

petition.

Sd/-

JUDGE

MSR