Karnataka High Court
Basappa Ningappa Saunshi vs Smt.Ningavva W/O Hanmantappa Saunshi on 18 April, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:6519
RSA No. 100131 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 100131 OF 2016 (PAR-)
BETWEEN:
1. BASAPPA NINGAPPA SAUNSHI
SINCE DECEASED BY HIS LRS,
1 SMT.BASAVVA W/O. BASAPPA SUANSHI,
AGE: 51 YEARS,
OCC: HOUSEHOLD WORK,
R/O: MALALI,
TQ: KUNDGOL,
DIST: DHARWAD -580001.
2. FAKIRAVVA @ CHAITRA
W/O. CHANBANNA AGADI
AGE: 24 YEARS,
OCC: HOUSEHOLD WORK,
R/O: JINNUR,
TQ: KALAGHATAGI,
DIST: DHARWAD - 580001.
Digitally signed
by SUJATA 3. PRAVEEN S/O. BASAPPA SUANSHI,
SUBHASH
PAMMAR AGE: 19 YEARS,
Location: HIGH OCC: STUDENT,
COURT OF R/O: MALALI,
KARNATAKA
TQ: KUNDGOL,
DIST: DHARWAD - 580001.
4. SMT.TARABAI W/O. BASAPPA SAUNSHI,
AGE: 45 YEARS,
OCC: HOUSEHOLD WORK,
R/O: MALALI,
TQ: KUNDGOL,
DIST: DHARWAD - 580001.
5. KUMARI DYAMAVVA D/O. BASAPPA SUANSHI,
AGE: 14 YEARS,
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NC: 2024:KHC-D:6519
RSA No. 100131 of 2016
OCC: STUDENT,
R/O: MALALI,
TQ: KUNDGOL,
DIST: DHARWAD,
SINCE APPELLANT NO.1(E) IS A MINOR SHE IS
REPRESENTED BY HER NEXT FRIEND
NAMELY APPELLANT NO.1(D)
...APPELLANTS
(BY SRI. S.B.DODDAGOUDAR, ADVOCATE)
AND:
1. SMT.NINGAVVA W/O. HANMANTAPPA SAUNSHI
SINCE DECEASED BY LRS,
1a. MALLAPPA S/O. SHIVAPPA GUDIHAL,
AGE: 20 YEARS,
OCC: AGRICULTURE,
R/O: JIGALOOR,
TQ: KUNDGOL,
DIST: DHARWAD.
1b. SURESH S/O. SHIVAPPA GUDIHAL,
AGE: 15 YEARS,
SINCE MINOR REP BY NATURAL
FATHER SHIVAPPA MALLAPPA GUDIHAL,
AGE: MAJOR,
R/O: TAVARAGERE,
TQ: KUNDGOL,
DIST: DHARWAD 580001.
2. SHANKRAPPA S/O. NINGAPPA SAUNSHI,
AGE: 61 YEARS,
OCC: AGRICULTURE,
R/O: JIGALOOR,
TQ: KUNDGOL,
DIST: DHARWAD -580001.
3. SIDDAPPA S/O. NINGAPPA SAUNSHI
SINCE DECEASED BY HIS LRS,
3a. SMT.SHANTAVVA W/O SIDDAPPA SAUNSHI,
AGE: 40 YEARS,
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NC: 2024:KHC-D:6519
RSA No. 100131 of 2016
OCC: AGRICULTURE,
R/O: MALALI,
TQ: KUNDAGOL,
DIST: DHARWAD - 580001.
3b. NINGAPPA S/O. SIDDAPPA SAUNSHI,
AGE: 27 YEARS,
OCC: AGRICULTURE,
R/O: MALALI,
TQ: KUNDAGOL,
DIST: DHARWAD - 580001.
4. YALLAVVA W/O. IRAPPA AYYANNAVAR,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: HULLIKUPPI,
TQ: SAVANUR,
DIST: HAVERI - 581110.
...RESPONDENTS
(BY SRI. S M KALWAD, ADVOCATE FOR R1A AND R1B;
SRI. R.S.SURYAVANSHI, ADOVCATE FOR R2, R3(A) AND (B) AND
R4.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
27.11.2015 PASSED IN R.A.NO.17/2008 ON THE FILE OF THE V
ADDITIONAL DISTRICT JUDGE, DHARWAD, SITTING AT HUBBALLI,
DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED
04.12.2007 AND THE DECREE PASSED IN O.S.NO.42/2002 ON THE
FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), HUBBALLI,
DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION WITH MESNE PROFITS.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6519
RSA No. 100131 of 2016
JUDGMENT
1. The appellants and respondents are present
before the Court and submitted compromise petition under
Order XXIII Rule 3 of CPC stating that they have settled the
matter amicably and hence filed compromise petition jointly.
2. Both the advocates appearing for the appellants
and the respondents are present.
3. After enquiry of both the appellants and the
respondents, they have submitted that they have
compromised the appeal with each other and accordingly put
the signatures and thumb impression voluntarily after
understanding the compromise terms and conditions as
stated in the petition. Therefore, they have requested to
dispose of the appeal in terms of compromise petition and
pray to draw decree accordingly.
4. Compromise petition is placed on record.
5. Since the matter is compromised between all the
appellants and the respondents as per compromise petition,
NC: 2024:KHC-D:6519
therefore, appeal is disposed of in terms of compromise
petition. Registry is directed to draw decree accordingly.
6. Copy of this compromise petition shall be part
and parcel of the decree.
Sd/-
JUDGE
KGK
CT:ANB
