Parvatevva W/O. Ramanna Soppin vs Basavanneppa S/O. Shekhappa ...
2023 Latest Caselaw 3698 Kant

                                                      -1-
                                                             NC: 2023:KHC-D:6373
                                                                   RSA No. 5360 of 2012




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 26TH DAY OF JUNE, 2023

                                                   BEFORE
                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                         REGULAR SECOND APPEAL NO. 5360 OF 2012 (DEC/INJ-)
                        BETWEEN:

                        1.    SMT. PARVATAVVA
                              W/O RAMANNA SOPPIN
                              AGED ABOUT 58 YEARS,
                              OCC: HOUSEHOLD WORK,
                              R/O: BANKAPUR, TQ: SHIGGAON,
                              DIST: HAVERI.
                        2.    SMT. PUTTAVVA @ NEELAVVA
                              W/O. NINGAPPA HEBBALLI
                              AGED ABOUT 38 YEARS,
                              OCC: HOUSEHOLD WORK,
                              R/O: BAD VILLAGE,
                              TQ: SHIGGAON, DIST: HAVERI.
                                                                          ...APPELLANTS

                        (BY SRI. SHARAD V MAGADUM, ADVOCATE)
                        AND:

           Digitally
                              SRI. BASAVANNEPPA
YASHAVANT
           signed by
           YASHAVANT
           NARAYANKAR
                              S/O SHEKHAPPA TIMMAPUR
NARAYANKAR Date:
           2023.06.30
           12:46:13 -
                              AGE: 28 YEARS, OCC: AGRICULTURIST,
           0700
                              R/O: BANKAPUR(KOTTIGERI ONI),
                              TQ: SHIGGAON, DIST: HAVERI.
                                                                         ...RESPONDENT
                        (BY SRI. M.S.HARAVI, ADVOCATE)

                              THIS RSA IS FILED U/S. 100 OF C.P.C., AGAINST THE
                        JUDGMENT AND DECREE DTD: 16.12.2011 IN R.A.NO.22/2011 ON
                        THE FILE OF SENIOR CIVIL JUDGE, HAVERI, ALLOWING THE APPEAL
                        FILED AGAINST THE JUDGMENT DATED: 20.06.2011 PASSED IN
                        OS.NO.165/2005 ON THE FILE OF CIVIL JUDGE AND JMFC, AT
                        SHIGGAON, DECREEING THE SUIT FOR DECLARATION AND
                        PERMANENT INJUNCTION.
                               -2-
                                          NC: 2023:KHC-D:6373
                                                RSA No. 5360 of 2012




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

The compromise petition dated 29.03.2022 and

31.10.2022 are dismissed as not pressed. Fresh

compromise petition under Order 23 Rule 1 and 2 dated

02.03.2023 is filed.

The appellants/plaintiffs and the respondent/

defendant are present.

The respective counsels are also present.

The parties have submitted a joint compromise

petition reporting that they have settled the dispute

amicably amongst themselves without any threat or

coercion by intervention of the elders of the village. 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 content to be true and correct.

NC: 2023:KHC-D:6373 RSA No. 5360 of 2012

I am satisfied that the parties have settled the

dispute amicably without any threat or coercion. Further

the compromise is not against any settled law. Hence, the

compromise petition is accepted.

The appeal stands allowed in terms of the

compromise petition by setting aside the impugned

judgment and decree of the Courts below. The

compromise petition shall form part of the decree.

The decree shall be registered.

Sd/-

JUDGE

SSP