Karnataka High Court
Smt.Madhu @ Madhumathi vs Yamanappa S/O Hanamappa Arakeri on 28 November, 2023
-1-
NC: 2023:KHC-D:13890
RSA No. 100019 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO.100019 OF 2020 (PAR)
BETWEEN:
SMT.MADHU @ MADHUMATHI W/O RAMAPPA HALAGALI
AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
R/O: MAHARAJA COLONY, MUDHOL
TQ: MUDHIL, BAGALKOT-587313.
...APPELLANT
(BY SRI GIRISH A.YADWAD, ADVOCATE)
AND:
1. YAMANAPPA S/O HANAMAPPA ARAKERI
SINCE DECEASED BY HIS LRS.
2. SMT. INDRAWWA W/O YAMANAPPA ARAKERI
SINCE DECEASED BY HER LRS.
3. HANAMANT S/O YAMANAPA ARAKERI
AGE:51 YEARS, OCC: AGRICULTURE,
R/O: KHAJJIDONI, TALUK AND
DIST: BAGALKOT-587204.
Digitally signed
by VISHAL
VISHAL NINGAPPA
NINGAPPA
PATTIHAL (APPELLANT AND RESPONDENT NO.3 ARE TREATED AS LRS
Date:
PATTIHAL 2023.12.01 OF DECEASED RESPONDENT Nos.1 AND 2
11:03:47
+0530 AS PER ORDER DATED 28.11.2023)
...RESPONDENTS
(BY SRI JAGADISH PATIL, ADVOCATE RESPONDENT NO. 3)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGEMENT
AND DECREE DATED 27.09.2019 PASSED IN R.A.NO.60/2018 ON THE
FILE OF THE I ADDITIONAL DISTRICT JUDGE, BAGALKOT, SITTING AT
JAMKHANDI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED:09.04.2018, PASSED IN O.S.
NO.21/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, DISMISSING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.
-2-
NC: 2023:KHC-D:13890
RSA No. 100019 of 2020
THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant and learned counsel
appearing for the respondents submit that the parties have
amicably resolved their dispute and filed compromise
petition under Order XXIII Rule 3 of the Code of Civil
Procedure Code, 1908, which is duly signed by the appellant
and the respondents.
2. The appellant and respondents are present before
the Court and they are identified by their respective counsel.
The terms of the compromise petition reads is as under:
"4. It is submitted that during the pendency of the
top noted appeal, the parties at the intervention of
the elders and their advice have arrived at an
amicable settlement and have resolved the dispute
between them. The parties therefore, wish to enter
into the compromise the terms of which are as under:
I. It is agreed between the parties that the
appellant/plaintiff shall be allotted an extent
of 3 acres and 00 gunthas of land on the
Western side out of RS No.22/2 of Jalikatti BK
Village totally measuring 9 acres 00 guntas,
i.e., item No.3 of the suit schedule 'B'. The
remaining extent of 6 acres 00 guntas on the
Eastern side of the said land and all the other
NC: 2023:KHC-D:13890
suit properties shall be allotted the
respondent No.3. A Schedule is annexed to
this compromise petition showing the sketch
and boundaries of the lands so allotted.
II. It is hereby agreed by the appellant that she
shall have no right or interest in the
properties allotted to the share of the
respondent No.3 and she shall not claim any
right in future. It is also similarly agreed by
the respondent No.3 that he shall have no
right or interest in the property allotted to the
appellant and he shall not make any claim in
respect of the same in future.
III. It is agreed by the parties that they shall get
their respective names mutated in the
revenue records pertaining to the respective
properties allotted to them and the same shall
not be objected to by either of the parties.
IV. It is further agreed between the parties that
the road measuring 10 feet in width (North-
South) marked as ABCD in the hand sketch
map culled out in the schedule to this
compromise petition shall be available for the
use and enjoyment of both the parties herein
and that neither party shall cause any
obstruction in respect of the same to the
other party.
V. It is submitted that appellant hereby
acknowledges that possession of the property
allotted to the appellant is already delivered
to her and she is in use and enjoyment of the
same."
NC: 2023:KHC-D:13890
3. The hand sketch of schedule property bearing
R.S.No.22/2 situated at Jalikatti BK village finds place in the
compromise petition along with the boundaries allocating
respective portion to the plaintiff and defendant No.3.
4. When query is made to the parties, who are
present before the Court, they state acceptance of terms of
the compromise.
5. The compromise petition forms part and parcel of
this order.
6. The impugned judgment and decree of the Courts
below stands modified in terms of the compromise and
second appeal stands disposed of.
Registry to the draw decree accordingly.
Sd/-
JUDGE
EM, CT: UMD
