Karnataka High Court
Somawwa (Mallawwa) W/O Rudrappa ... vs Rudrappa Basavanneppa Heggani on 4 April, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:6157
RSA No. 100890 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 100890 OF 2014
BETWEEN:
SOMAWWA (MALLAWWA)
W/O. RUDRAPPA HEGGANI,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O. GUNDENHATTI - 591106
TALUKA: KHANAPUR, DIST: BELAGAVI
NOW RESIDING AT BAILUR-591149
TALUKA: BAILHONGAL, DIST: BELAGAVI
...APPELLANT
(BY SRI SHRIPRASAD J. JOSHI, ADVOCATE)
AND:
RUDRAPPA BASAVANNEPPA HEGGANI,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. GUNDENHATTI-591 106
Digitally TALUKA: KHANAPUR, DIST: BELAGAVI
signed by ...RESPONDENT
(BY SRI DINESH M. KULKARNI, ADVOCATE (ABSENT)
SUJATA
SUBHASH
PAMMAR THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
Location: 100 READ WITH ORDER XLII RULE 1 CODE OF CIVIL PROCEDURE,
HIGH COURT 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
OF 09.04.2010 PASSED IN R.A.NO.93/2008 (OLD NO.77/2005) ON THE
KARNATAKA FILE OF THE SENIOR CIVIL JUDGE, KHANAPUR, AND TO RESTORE
THE JUDGMENT AND DECREE DATED 23.03.2004 PASSED IN
O.S.NO.221/1998 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE,
(JR.DN) AND JFMC, KHANAPUR, DECREEING THE SUIT FILED FOR
MAINTAINANCE, BY ALLOWING THIS APPEAL AND ETC.,.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6157
RSA No. 100890 of 2014
JUDGMENT
Learned counsel for the appellant and the appellant
are present. The respondent is present. Learned counsel
for the respondent is absent. Both the appellant and the
respondent have filed joint compromise petition under
Order 23 Rule 3 of CPC stating that both have amicably
compromised the matter and accordingly they have filed
joint compromise petition.
2. It is agreed by both the parties and stipulated
in the compromise petition that the respondent has paid a
sum of Rs.3,80,000/- (Three Lakh Eighty Thousand
Rupees) to the appellant. Upon enquiry, the appellant has
stated that she has received the amount of Rs.3,80,000/-
from the respondent towards full and final settlement
between the parties. Upon enquiry by the Court they have
stated that on their own will and wish and with all
consciousness they have compromised the matter with
each other. Therefore both the appellant and respondent
NC: 2024:KHC-D:6157
have requested to dispose of the appeal in terms of the
compromise petition.
3. In the compromise petition at paragraph No.9 it
is stipulated that the appellant do not contest the other
claims pending before the revenue authorities in view of
this compromise. Further submitted, the said amount of
Rs.3,80,000/- received by the appellant from the
respondent is towards full and final settlement of the
dispute.
4. To this compromise petition, the learned
counsel for the appellant has affixed his signature. The
compromise petition do not carry signature of learned
counsel for the respondent. The learned counsel for
respondent is absent. However the respondent himself is
present before the Court and stated that he has
compromised the matter with the appellant, in the result
of which the joint compromise petition is filed today.
Hence placing the joint compromise petition on record,
this Regular Second Appeal is disposed of.
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5. Draw decree in terms of the compromise
petition. Copy of the compromise petition shall be the part
and parcel of the decree.
Sd/-
JUDGE
MRK
CT:ANB
