Mahadevappa S/O Basavanneppa ... vs Shivanagoud S/O Basavanneppa ...
2023 Latest Caselaw 6953 Kant

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                                                     NC: 2023:KHC-D:11687-DB
                                                             RFA No. 100185 of 2021




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 4TH DAY OF OCTOBER, 2023
                                                 PRESENT
                       THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                    AND
                           THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                           REGULAR FIRST APPEAL NO. 100185 OF 2021 (PAR/POS)

                      BETWEEN:

                      MAHADEVAPPA S/O. BASAVANNEPPA HOSAGOUDR,
                      AGE. 50 YEARS, OCC. AGRICULTURIST,
                      R/O. ANUR, TQ. BYADAGI, DIST. HAVERI.
                                                                           ...APPELLANT
                      (BY SRI. S.G. KADADAKATTI, ADVOCATE)

                      AND:

                      1.    SHIVANAGOUD
                            S/O. BASAVANNEPPA HOSAGOUDR,
                            AGE. 61 YEARS, OCC. AGRICULTURIST,
                            R/O. ANUR, TQ. BYADAGI, DIST. HAVERI-581106.

                      2.    SMT. KAMALAVVA W/O. HANUMAGOUDA SARAD,
         Digitally
         signed by          AGE. 63 YEARS, OCC. HOUSEHOLD WORK,
         VINAYAKA
VINAYAKA B V                R/O. JOISARAHARALALLI, TQ. RANEBENNUR,
BV       Date:
         2023.10.06         DIST. HAVERI-581208.
         17:03:22
         +0530

                      3.    SMT. GADIGEVVA
                            W/O. RAMANAGOUDA SARAD,
                            AGE. 59 YEARS, OCC. HOUSEHOLD WORK,
                            R/O. JOISARAHARALALLI, TQ. RANEBENNUR,
                            DIST. HAVERI-581208.

                            SMT. MALLAMMA W/O. SHANKRAPPAGOUDA SARAD,
                            SINCE DEAD BY HER LRS.

                      4.    HANUMAGOUDA S/O. SHANKRAGOUDA SARAD,
                            AGE. 58 YEARS, OCC. AGRICULTURIST,
                            R/O. JOISARAHARALALLI, TQ. RANEBENNUR,
                            DIST. HAVERI-581208.
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                              NC: 2023:KHC-D:11687-DB
                                     RFA No. 100185 of 2021




5.   CHANNAGOUDA
     S/O. SHANKRAGOUDA SARAD,
     AGE. 55 YEARS, OCC. AGRICULTURIST,
     R/O. JOISARAHARALALLI, TQ. RANEBENNUR,
     DIST. HAVERI-581208.

6.   RAMANAGOUDA
     S/O. SHANKRAGOUDA SARAD,
     AGE. 54 YEARS, OCC. AGRICULTURIST,
     R/O. JOISARAHARALALLI, TQ. RANEBENNUR,
     DIST. HAVERI-581208.

7.   SMT. HIRIYAMMA
     W/O. SHIVANAGOUDA HOSAGOUDAR,
     AGE. 52 YEARS, OCC. HOUSEHOLD WORK,
     R/O. ANUR, TQ. BYADAGI, DIST. HAVERI-581106.

8.   SMT. MALIYAMMA
     W/O. DYAVANAGOUDA MAJIGOUDRA,
     AGE. 50 YEARS, OCC. HOUSEHOLD WORK,
     R/O. KADUR, TQ. HIREKERUR,
     DIST. HAVERI-581116.

9.   UJJAPPA
     S/O. MALLAPPA HOSAGOUDR,
     AGE. 73 YEARS, OCC. AGRICULTURIST,
     R/O. ANUR, TQ. BYADAGI, DIST. HAVERI-581106.

10. NAGAPPA S/O. UJJAPPA NESHVI,
     AGE. 63 YEARS, OCC. AGRICULTURIST,
     R/O. ANUR, TQ. BYADAGI, DIST. HAVERI-581106.
                                               ...RESPONDENTS
(BY SRI. GURURAJ R. TURAMARI, ADV. FOR R1,
    SRI. NAGARAJ J. APPANNAVAR, ADV. FOR R2 & R3,
    SRI. GIRISH S. HULANI, ADV. FOR R4-R8,
    SRI. PUNEETH BADIGER, ADV. FOR R9 & R10)

      THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 20.09.2021 PASSED IN
O.S.NO.36/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND
JUDICIAL MAGISTRATE FIRST CLASS AT BYADAGI, DISMISSING THE
SUIT FILED FOR PARTITION.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
RAMACHANDRA D. HUDDAR J., PASSED THE FOLLOWING:
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                             NC: 2023:KHC-D:11687-DB
                                    RFA No. 100185 of 2021




                          ORDER

Appellant and respondent Nos.1 to 4 and 6 to 9 are

present. Respondent No.8, the General Power of Attorney

holder of respondent No.5 and the General Power of Attorney

holder of respondent No.10 namely Eashwar son of Nagappa

are present.

2. Learned counsel for the respective parties are

present.

3. The General Power of Attorneys are herewith

produced.

4. The compromise petition is filed under Order

XXIII Rule 3 of the Code of Civil Procedure, 1908 reporting

compromise between the appellant and the respondents.

5. The contents of the compromise petition are read

over and explained to the appellant and the respondents who

are present before the Court in the language known to them.

They admit the contents of the same.

6. The General Power of Attorneys so produced by

respondent No.8 and the son of respondent No.10 show that

they are authorized to enter into compromise.

NC: 2023:KHC-D:11687-DB RFA No. 100185 of 2021

7. We are satisfied with the terms of the

compromise petition.

8. In view of the compromise entered into between

the appellant and respondents, the appeal filed by the

appellant is allowed. The decree passed by the Trial Court is

modified in terms of the compromise petition.

9. There shall be final decree in terms of

compromise petition.

Draw final decree after collecting necessary duty.

No order as to costs.

Send back the Trial Court Records with copy of this

order.

Sd/-

JUDGE

Sd/-

JUDGE EM List No.: 1 Sl No.:16.1