Karnataka High Court
Mohan S/O Shivaprasad vs V. Gangadevi W/O M. Venkatesh ... on 6 June, 2023
Bench: Ashok S. Kinagi, Venkatesh Naik
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RFA No. 100147 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 100147 OF 2015 (PAR/POS-)
BETWEEN:
1. SRI. MOHAN S/O. SHIVAPRASAD SAVADATTI,
AGE: 64 YEARS OCC: BUSINESS,
R/O: SRI LAXMI BUILDINGS
NEAR ROTARY SCHOOL,
DESHPANDE NAGAR, HUBBALLI.
2. VENKATESH S/O. SHIVAPRASAD SAVADATTI,
DEAD BY HIS LRS.
2A. MRS. SHOBHA W/O. VENKATESH SAVADATTI,
W/O. VENKATESH SAVADATTI, AGE: 64 YEARS,
OCC: HOME MAKER,
2B. SRI. GOUTAM S/O. VENKATESH SAVADATTI,
VIJAYALAKSHMI
AGE: 41 YEARS, OCC: BUSINESS,
M KANKUPPI
Digitally signed by
VIJAYALAKSHMI M
2C. SRI. PREETHAM S/O. VENKATESH SAVADATTI,
KANKUPPI
Location: high court
karnataka Dharwad bench
Date: 2023.06.09 12:53:47
AGE: 38 YEARS, OCC: BUSINESS,
+0530
APPELLANTS NO. 2A TO 2C ARE
R/O: NO. B5, GURU APARTMENT DESHPANDE
NAGARA HUBBALLI, DIST: DHARWAD.
3. SRI. SHREEKANT S/O. SHIVAPRASAD SAVADATTI,
AGE: 59 YEARS OCC: BUSINESS,
4. SRI. CHANDRAKANT,
S/O. VHIVAPRASAD SAVADATHI,
AGE: 56 YEARS, OCC: BUSINESS,
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RFA No. 100147 of 2015
APPELLANTS NO. 3 AND 4 ARE
R/O: SRI LAXMI BUILDINGS
NEAR TOTARY SCHOOL, DESHPANDE NAGAR,
HUBBALLI. DIST: DHARWAD.
...APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SMT. V. GANGADEVI W/O. M. VENKATESH MISRA,
AGE: 66 YEARS OCC: HOME MAKER
R/O: ASHOKA ROAD, SHIVAMOGGA CITY.
2. SMT. PUSHPA W/O. MADHU THIVARI,
AGE: 60 YEARS, OCC: HOME MAKER,
R/O: 6A SIRSI CIRCLE, BENGALURU.
3. SMT. NIRMALA D/O. SHIVAPRASAD SAVADATHI,
AGE: 58 YEARS OCC: HOME MAKER,
R/O: SRI. LAXMI BUILDINGS
NEAR ROTARY SCHOOL DESHPANDE NAGAR,
HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. HAREESH S. NAYAK, ADV FOR R1 AND R2,
SRI.RAJESH B.RAJANAL, ADV. FOR R3)
THIS RFA IS FILED UNDER 41 RULE 1 R/W SEC.96 OF
CPC., AGAINST THE JUDGMENT AND DECREE
DATED:31.03.2015, PASSED IN O.S.NO.106/2011, ON THE
FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI, PARTLY DECREEING
THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR FINAL HEARING, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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RFA No. 100147 of 2015
JUDGMENT
Parties are present before the Court. The parties are
identified by their respective counsel and filed a compromise
petition. The contents of the compromise petition reads as
under:
"Compromise petition under Order 23 Rule 3 r/w
Section 151 of CPC.
The appellants and respondents jointly
respectfully submit as follows:
On the advise of well wishers and friends, in the
best interest of all the parties, the Appellants and
respondents have amicably compromised and settled
their disputes between them in respect of all the suit
schedule properties. The terms and conditions of the
compromise petition are as follows:
1. The respondent No.1 Smt.V.Gangadevi W/o
M.Venkatesh Misra has agreed to relinquish all her
rights in respect fo all the suit schedule properties in
favour of all the appellants and agreed to receive a sum
of Rs.21,00,000/- (In words Rupees Twenty One Lakhs
only) together from all the appellants through a Demand
Draft within 6 months from today. The appellants have
RFA No. 100147 of 2015
agreed for the same. In the event the appellants
together failed to pay the amount of Rs.21,00,000/- to
the respondent No.1 as agreed above, the respondent
No.1 can file a execution petition against the appellants
to recover the same.
2. The respondent No.2 Smt.Pushpa W/o Madhu
Thiwari has agreed to relinquish all her rights in respect
of all the suit schedule properties in favour of all the
appellants and agreed to receive a sum of
Rs.21,00,000/- (In words Rupees Twenty One Lakhs
only) together from all the appellants through a Demand
Draft within 6 months from today. The appellants have
agreed for the same. In the event the appellants
together failed to pay the amount of Rs.21,00,000/- to
the respondent No.2 as agreed above, the respondent
No.2 can file a execution petition against the appellants
to recover the same.
3. The respondent No.3 Smt.Nirmala D/o
Shivaprasad Savadatti has agreed to relinquish all her
rights in respect of all the suit schedule properties in
favour of all the appellants. The Respondent No.3
agreed to take one house in ground floor, consisting of
RFA No. 100147 of 2015
one Hall, one Bed Room, Kitchen, etc., which is part of
suit Schedule A, Item No.1 bearing C.C.No.163/63B
situated at Laxmi Building Deshpande Nagara Hubballi,
within 8 months from today from the appellant No.3
Sri.Shrikanth and appellant No.4 Sri.Chandrakanth for
her residence during her life time. The appellants No.3
and 4 have agreed for the same.
4. The respondent No.3 Smt.Nirmala further agreed
that after her demise the said house taken by her from
appellants No.3 and 4 shall go to the appellants No.3
and 4 from whom she has taken possession, as she has
no issues. All the appellants and respondents No.1 and
2 have agreed for the same. The respondent No.3 has
further agreed to receive monthly maintenance of
Rs.10,000/- (Rupees Ten Thousand only) every month
together from all the appellants. All the appellants have
agreed for the same. In the event the appellants
together failed to pay the monthly maintenance of
Rs.10,000/- to the respondent No.3 Nirmal, the
respondent No.3 can file execution petition to recover
the same from the appellants together. All the
appellants have agreed for the same.
RFA No. 100147 of 2015
5. The respondents No.1 and 2 have filed
F.D.P.No.32/2019 in the court of learned Prl. Senior Civil
Judge and JMFC, Hubballi. In view of this compromise,
the respondents No.1 and 2 have agreed to withdraw
the said F.D.P.No.32/2019 unconditionally. In the event
the respondents No.1 and 2 failed to withdraw the
same, the respondents No.1 and 2 have agreed that
appellants can get it dismiss in view of this compromise.
6. The contents of this compromise petition has
been read over and explained to the appellants and
respondents in Kannada language known to them and
they have understood the same and agreed for the
above terms and conditions of this compromise petition
and signed voluntarily without any force, coercion or
undue influence etc.,
Hence, the appellants and respondents humbly
pray that this Hon'ble court be pleased to modify the
judgment and decree dt. 31.3.2015 in O.S.No.106/2011
passed by the learned Prl. Senior Civil Judge and JMFC
Hubballi, in terms of this compromise petition and to
treat the terms and conditions of this compromise as
RFA No. 100147 of 2015
final decree between the parties, in the interest of
justice and equity."
2. The compromise petition was read over and
explained to the appellants and respondents in Kannada
language known to them. They have understood the same
and agreed for the terms and conditions of the compromise
petition and signed voluntarily, without any force, coercion or
undue influence etc.
3. The compromise petition is placed on record.
Accordingly, the appeal is disposed of in terms of the
compromise petition.
Draw the decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
