Karnataka High Court
Ayyanagouda Mallanagouda ... vs Sangangouda Ninganagouda ... on 27 July, 2023
Bench: Rajendra Badamikar
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NC: 2023:KHC-D:7871
RSA No. 100418 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
REGULAR SECOND APPEAL NO. 100418 OF 2021 (DEC/PAR)
BETWEEN:
1. AYYANAGOUDA MALLANAGOUDA AYYANAGOUDARA
AGE. 62 YEARS, OCC. AGRICULTURE,
R/O. GUJAMAGADI - 582102,
TQ. RON, DIST. GADAG.
2. SHIVABASAVVA W/O ESHWARAYYA BAGALATTI
AGE. 52 YEARS, OCC. HOMEMAKER,
R/O. GUJAMAGADI - 582102,
TQ. RON, DIST. GADAG.
3. MAHANTATHAGOUDA LINGANAGOUDA
AYYANAGOUDARA
AGE. 60 YEARS,
OCC. AGRICULTURE,
R/O. GUJAMAGADI - 582102,
Digitally
signed by TQ. RON, DIST. GADAG.
SUJATA
SUJATA SUBHASH
SUBHASH PAMMAR
PAMMAR Date:
2023.07.28 ...APPELLANTS
11:26:13 -
0700
(BY SRI. C.S SHETTAR, ADVOCATE)
AND:
1. SANGANGOUDA NINGANAGOUDA AYYANAGOUDARA
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. N M TADASA - 581212,
TQ. SHIGGAON, DIST. HAVERI.
2. PARVATEVVA W/O FAKEERAYYA SALIMATH
AGE. 35 YEARS,
OCC. AGRI. AND HOME MAKER,
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NC: 2023:KHC-D:7871
RSA No. 100418 of 2021
R/O. HOSAPATE 581205,
TQ. SHIGGOAN, DIST. HAVERI.
3. LAKSHMAVVA W/O CHANAVEERASWAMY MATHAD
AGE. 33 YEARS,
OCC. AGRI. AND HOME MAKER,
R/O. SORTUR 581104,
TQ. SHIRAHATTI, DIST. GADAG.
4. KARABASAVVA W/O ARAVINDAYYA HIREMATH
AGE. 32 YEARS,
OCC. AGRI. AND HOME MAKER,
R/O. VOLAGERI 581104,
TQ. HANAGAL, DIST. HAVERI.
5. NINGANAGOUDA SANGANAGOUDA AYYANAGOUDARA
AGE. 67 YEARS, OCC. AGRICULTURE,
R/O. GUJAMAGADI PRESENTLY AT,
N M TADASA 581212,
TQ. SHIGGAON, DIST. HAVERI.
6. SHIVAKUMAR SHANTAGOUDA AYYANAGOUDAR
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: GUJAMAGADI - 582 102,
TQ: RON, DIST: GADAG.
...RESPONDENTS
(BY SRI. R.H.ANGADI;
SMT. JOSHNA P. DHANAVE FOR R1 TO R5;
KUMARI TRUPTI P. SADEKAR FOR R6, ADVOCATES)
THIS RSA IS FILED U/SEC.100 READ WITH ORDER XLII
RULE 1 OF CPC PRAYING TO ADMIT THE APPEAL AND CALL FOR
THE RECORDS OF THE COURTS BELOW AND ALLOW THE APPEAL
SETTING ASIDE THE JUDGMENT AND DECREE IN R.A.NO.47/2019
DATED 13.01.2021 PASSED BY I ADDL. PRL. FAMILY COURT AT
GADAG AND ALSO THE JUDGMENT AND DECREE PASSED BY
LEARNED SENIOR CIVIL JUDGE AND JMFC., RON IN
O.S.NO.43/2017 DATED 11.06.2019. THEREBY DISMISS THE SUIT
OF THE PLAINTIFFS WITH COSTS.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:7871
RSA No. 100418 of 2021
ORDER
The appellants and respondents are present and their
respective counsels are also present.
They submit a compromise petition under Order
XXIII Rule 3 of the Code of Civil Procedure, 1908 (for
short, hereinafter referred to as 'CPC') reporting
settlement amongst themselves amicably. They have also
filed affidavits supporting the compromise. The contents of
the compromise petition are read over and explained to
the parties in presence of their respective counsels in
Kannada language known to them and they admit the
contents to be true and correct.
I am satisfied that parties have settled the dispute
amicably without any threat or coercion or undue
influence. Further It is evident that the parties have
settling the dispute without any threat voluntarily. Further
the compromise is not against any settled law. As such the
compromise petition needs to be accepted and
accordingly, I proceed to pass the following:
NC: 2023:KHC-D:7871
RSA No. 100418 of 2021
ORDER
i) The compromise petition submitted by the
parties is accepted.
ii) The appeal stands allowed in terms of
compromise petition submitted by the parties
by setting aside the impugned judgment and
decree of both the Courts below.
iii) The compromise petition shall be part of the
decree.
iv) Draw a final decree by dispensing the
preliminary decree.
iv) Decree shall be registered.
v) There is no order as to costs.
Sd/-
JUDGE
SSP
