Karnataka High Court
Devendrappa S/O Siddappa Biradar vs Smt.Devakamma W/O Neelakantappa ... on 23 March, 2023
Bench: C M Joshi
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RSA No. 7251 of 2010
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23 RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 7251 OF 2010
(DEC/POS-)
BETWEEN:
1. DEVENDRAPPA S/O SIDDAPPA BIRADAR
DEAD BY HIS LR:
1(a) SIDDANNAGOUDA
S/O DEVENDRAPPA
AGE: 50 YEARS, OCC: AGRICULTURE
R/O NACHWAR. SEDAM TALUK,
DIST. KALABURAGI 585222.
Digitally signed
by SOMANATH ...APPELLANT
PENTAPPA
MITTE (BY SRI. MANJUNATH GINNI, ADVOCATE)
Location: High
Court of AND:
Karnataka
1. SMT.DEVAKAMMA W/O NEELAKANTAPPA POLICE
PATIL, DEAD
RESPONDENT No.2
IS TREATED AS LR OF DECEASED
RESPONDENT NO.1.
2. SIDDANNA @ SIDDANAGOWDA S/O NEELAKANTAPPA
AGED ABOUT 47 YEARS
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RSA No. 7251 of 2010
RESIDENT OF DUGANUR VILLAGE
SEDAM TALUK, GULBARGA DIST.
...RESPONDENTS
(BY SRI SANKETT APPAJI, ADVOCATE FOR R2)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 16.02.2010 PASSED IN
R.A.NO. 158/2008 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE AT GULBARGA, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 18.08.2008
PASSED IN OS NO. 106/2004 ON THE FILE OF THE CIVIL
JUDGE (SR.DN.) AT SEDAM.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri Manjunath Ginni, has filed vakalath
on behalf of proposed appellant No.1(a) along with IA Nos.1 to
3 of 2023 under Section 5 of the Limitation Act, to condone the
delay in filing LR application, under order 22 Rule 9 of CPC to
set aside the abatement in respect of deceased appellant and
IA No.3/2023 under order 22 Rule 3 CPC to bring the proposed
applicant on record as the legal heir of the deceased sole
appellant.
2. The learned counsel appearing for respondent No.2
submits that he has no objection to allow the IAs.
RSA No. 7251 of 2010
3. Hence, IA Nos. 1 to 3 of 2023 are allowed. Delay in
filing the LR application is condoned, abatement in respect of
deceased sole appellant is set aside and the applicant is
permitted to come on record as appellant No.1(a).
4. Learned counsel for the appellant No.1(a) and the
learned counsel appearing for respondent No.2 submit that the
parties have come to a settlement among themselves with the
help of the well wishers and a joint petition under order 23
Rule 3 CPC is filed narrating the terms of the compromise.
5. By way of compromise, the appellant 1 (a) admits that
the defendant No.2 is the owner in possession of the suit
property in survey No.274 measuring 4 acres 38 guntas. They
also agreed that appellant No.1(a) has no right, title or
ownership over the said land to the extent of 02 acres 10
guntas out of 4 acres 38 guntas alleged to have purchased
under the registered sale deed dated 12.7.1976 and it belonged
to respondent No.2 and his family members and they are in
possession of the same. In support of the said joint
compromise petition, the appellant No.1(a) has also filed an
affidavit.
RSA No. 7251 of 2010
6. The appellant No.1(a) and respondent No.2 are
present. On questioning, they admit that they have arrived at
a settlement and by virtue of joint compromise petition, the
appellant No.1(a) has given up his claim in respect of 2 acres
10 guntas of the land out of Survey No.274 which was the
subject matter of the suit. Such settlement made by the
appellant 1(a) herein being clear and categorical and he having
filed an affidavit in support of the same, the compromise
petition is accepted.
7. It is also noticed by this Court that the compromise is
nothing but an acceptance of the decree of the First Appellate
Court.
8. Hence, the appeal is allowed.
The judgment and decree passed by the Trial Court in OS
No.106/2004 dated 18.08.2008 as well as the First Appellate
Court in RA No.158/2008 dated 16.02.2010 are hereby set
aside.
The suit is disposed of in terms of the joint compromise
petition filed by both the parties.
RSA No. 7251 of 2010
The learned counsel appearing for the appellant No.1(a)
is at liberty to amend the cause title of the appeal memo and to
file an amended cause title within a week.
The registry is directed to draw the decree in terms of the
compromise petition, after the amendment is carried out.
Sd/-
JUDGE
tsn*
