Karnataka High Court
Shri Kallappa S/O Holeppa Walikar ... vs Shri Dundappa S/O Holeppa Walikar on 4 October, 2023
Bench: Anant Ramanath Byarhj
-1-
NC: 2023:KHC-D:11700
RFA No. 100035 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100035 OF 2023 (PAR/POS-)
BETWEEN:
SHRI. KALLAPPA
S/O HOLEPPA WALIKAR
SINCE DECEASED BY HIS LRS.
1. SMT. MAYAVVA
W/O KALLAPPA WALIKAR
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: BASALIGUNDI,
NOW RESIDING AT HIRENANDI-571125,
TALUKA: GOKAK, DIST: BELAGAVI.
2. SAVITA
D/O KALLAPPA WALIKAR
AGE: 11 YEARS, OCC: STUDENT,
BEING MINOR REPRESENTED BY HER
NATURAL GUARDIAN MOTHER,
SMT. MAYAVVA W/O KALLAPPA WALIKAR.
Digitally
signed by
3. HALAPPA
VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT Date:
S/O KALLAPPA WALIKAR
2023.10.05
10:26:01
+0530 AGE: 08 YEARS, OCC: STUDENT,
BEING MINOR REPRESENTED BY HER MOTHER,
SMT. MAYAVVA W/O KALLAPPA WALIKAR.
...APPELLANTS
(BY SRI. ANAND ASHTEKAR;
SRI. SHEKARGOUDA M NAGANURI, ADVOCATES)
AND:
1. SHRI. DUNDAPPA
S/O HOLEPA WALIKAR
AGE: 62 YEARS, OCC: AGRIUCLTURE,
-2-
NC: 2023:KHC-D:11700
RFA No. 100035 of 2023
R/O: BASALIGUNDI-591218,
TALUKA: GOKAK, DIST: BELAGAVI.
2. SHRI. SIDDAPPA
S/O HOLEPA WALIKAR
AGE: 60 YEARS, OCC: AGRIUCLTURE,
R/O: BASALIGUNDI-591218,
TALUKA: GOKAK, DIST: BELAGAVI.
3. SMT. LAGAMAVVA
D/O HOLEPPA WALIKAR
AGE: 64 YEARS, OCC: AGRIUCLTURE,
R/O: BASALIGUNDI-591218,
TALUKA: GOKAK, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. GOURISHANKAR MOT, ADVOCATE FOR R1 TO R3)
THIS RFA IS FILED UNDER SECTION 96 (1)READ WITH
ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 06.12.2022 PASSED BY THE II
ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, IN F.D.P. NO.
24/2022 BY ACCEPTING THE COURT COMMISSIONERS REPORT.
ALLOW THE APPEAL WITH COSTS THROUGHOUT AND GRANT ANY
OTHER RELIEF/S THE APPELLANT IS FOUND ENTITLE TO IN THE
FACTS AND CIRCUMSTANCES OF CASE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed against the final decree granted in FDP
No.24/2022 on the file of the II Additional Senior Civil Judge,
Gokak.
2. Learned counsel for the appellants and the learned
counsel for respondents 1 and 2 are before this Court. Appellant
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RFA No. 100035 of 2023
No.1 is present. Appellants No.2 and 3 are the minors. Appellant
No.1 is the mother and natural guardian of appellants 2 and 3.
Respondents 1 and 2 are also present before the Court.
3. Respondent No.3 - Smt Lagamavva is not present before
the Court. It is jointly submitted by both the parties that
respondent No.3 - Lagamavva has relinquished her share in
favour of respondents 1 and 2 of this appeal, before the trial Court
in Final Decree proceeding. In view of this submission made, the
appeal against respondent No.3 is dismissed.
4. Parties have presented the joint compromise petition
under Order XXIII Rule 3 of the Code of Civil Procedure. An
application is also filed under Order XXXII Rule 7 of CPC seeking
permission to enter into the settlement on behalf of appellants 2
and 3, who are the minors. Learned counsel for appellants 2 and 3
has also filed a certificate stating that the proposed compromise is
not adversely affecting the interest of the minors. Parties admit
the terms and conditions of the settlement and they further admit
they have voluntarily entered into the settlement.
5. For the cause shown in the affidavit filed in support of
the application seeking permission to enter into compromise on
behalf of appellants 2 and 3 who are minors, the application is
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RFA No. 100035 of 2023
allowed. Appellant No.1 is permitted to enter into settlement on
behalf of appellants 2 and 3 as this Court finds that the settlement
is not adverse to the interest of the appellants 2 and 3.
6. This Court has perused the terms of the settlement.
Parties to the proceeding have agreed to effect the partition of the
suit properties as specified in the compromise petition. It is
stated that in furtherance of the settlement, the procedure of
measurement, division and fixation of boundaries of the properties
have to be carried out and thereafter, there has to be
corresponding changes in the revenue records. Hence, this Court
is required to issue further direction to draw the final decree in
terms of the settlement.
7. Settlement is accepted.
8. Hence, the following:
ORDER
(i) In view of the settlement arrived at between the
parties, the judgment and decree of the trial Court
dated 06.12.2022 passed by the II Additional
Senior Civil Judge, Gokak in FDP 24/2022 are set-
aside.
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RFA No. 100035 of 2023
(ii) The jurisdictional ADLR/Tahsildar is directed to
measure the properties covered by the
compromise petition and to fix the boundaries of
the properties and to prepare the sketch as per the
terms of settlement of the compromise.
(iii) The trial Court shall proceed to draw the final
decree in terms of the settlement arrived at
between the parties after compliance of the
aforementioned procedure.
(iv) Matter is remanded to the trial Court with a
direction to issue appropriate direction to the
jurisdictional Tahsildar/ADLR to comply the
directions in paragraph No.(ii) supra.
(v) The parties shall appear before the trial Court on
31.10.2023.
(vi) Registry is directed to send the original
compromise petition filed before this Court today
to the II Additional Senior Civil Judge, Gokak
forthwith after retaining a photo copy of the
compromise petition.
(vii) Once the final decree is drawn, the jurisdictional
Tahsildar shall effect changes in the property
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RFA No. 100035 of 2023
records by entering the name of the respective
sharers.
Appeal is disposed of in terms of the settlement
arrived at between the parties.
Sd/-
JUDGE
BRN
