Karnataka High Court
Smt Savakka W/O. Sidramappa ... vs Smt Hanumawwa W/O Ramappa Shingadi on 5 April, 2024
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RFA No.100022 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE E.S.INDIRESH
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO.100022 OF 2021(PA/DE/IN)
BETWEEN:
1. SMT. SAVAKKA
W/O. SIDRAMAPPA CHIPPALAKATTI,
AGE: 49 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK DIST: BELAGAVI.
2. SMT. RATNAVVA
W/O. YALLAPPA HALABAR,
AGE: 47 YEARS, OCC: AGRICULTURE
SHIVAKUMAR
HIREMATH AND HOUSEHOLD WORK,
Location: HIGH
R/O: SAUNSUDDI VILLAGE-591235,
COURT OF
KARNATAKA
DHARWAD BENCH
TQ: RAIBAG, DIST: BELAGAVI.
Date: 2024.04.19
14:53:42 +0530
3. SMT. MAHADEVI
W/O. SHIVANAND SADALAGI,
AGE: 41 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
4. SMT. SHRIDEVI
W/O. IRANNA CHIPPALAKATTI,
AGE: 21 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
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RFA No.100022 of 2021
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
5. VENKAPPA
S/O. SHIVANAND SADALAGI,
AGE: 15 YEARS, OCC: STUDENT,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
SINCE MINOR REPRESENTED BY
HIS GUARDIAN MOTHER-APPELLANT NO.3,
SMT. MAHADEVI W/O. SHIVANAND SADALAGI.
6. HANUMANTH
S/O. SHIVANAND SADALAGI,
AGE: 14 YEARS, OCC: STUDENT,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
SINCE MINOR REPRESENTED BY
HIS GUARDIAN MOTHER APPELLANT NO.3
SMT. MAHADEVI W/O. SHIVANAND SADALAGI.
...APPELLANTS
(BY SMT. P.G.NAIK, ADVOCATE)
AND:
1. SMT. HANUMAWWA
W/O. RAMAPPA SHINGADI,
AGE: 51 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HULAKUND-591114,
TQ: RAMADURG, DIST: BELAGAVI.
2. SMT. LAXMAWWA SHIVANAND SADALAGI
AGE: 45 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
3. SHRI. MAYAPPA SHIVANAND SADALAGI
AGE:24 YEARS, OCC: AGRICULTURE,
R/O: HOSAYARAGUDRI-591136
TQ: GOKAK, DIST: BELAGAVI.
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RFA No.100022 of 2021
4. SMT. RENAWWA
W/O. RAMESH CHANAL,
AGE: 22 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HONAKUPPI-591227,
TQ: GOKAK, DIST: BELAGAVI.
RANGAPPA VENKAPPA SADALAGI
SINCE DEASED BY HIS LRs
RESPONDENT NOS.5 TO 9.
5. SMT. NAGAVVA
W/O. RANGAPPA SADALAGI,
AGE: 32 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
6. KAVERI
D/O. RANGAPPA SADALAGI,
AGE: 14 YEARS, OCC: NILL,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI,
SINCE MNOR REPRESENTED BY
HER GUARDIAN MOTHER RESPONDENT NO.5
SMT. NAGAWWA W/O. RANGAPPA SADALAGI.
7. NANDINI
D/O. RANGAPPA SADALAGI,
AGE: 12 YEARS, OCC: NILL,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI,
SINCE MINOR REPRESENTED BY
HER GUARDIAN MOTHER RESPONDENT NO.5
SMT. NAGAWWA W/O. RANGAPPA SADALAGI.
8. RADHIKA
D/O. RANGAPPA SADALAGI,
AGE: 10 YEARS, OCC: NILL,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
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RFA No.100022 of 2021
SINCE MINOR REPRESENTED BY
HER GUARDIAN MOTHER RESPONDENT NO.5
SMT. NAGAWWA W/O. RANGAPPA SADALAGI.
9. MAHESH
S/O. RANGAPPA SADALAGI,
AGE: 7 YEARS, OCC: NILL,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI,
SINCE MINOR REPRESENTED BY
HER GUARDIAN MOTHER RESPONDENT NO.5
SMT. NAGAWWA W/O. RANGAPPA SADALAGI.
10. SHRI. SATTEPPA
S/O. HANUMANTAPPA KUBANNAVAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: HOSAYARAGUDRI-591136,
TQ: GOKAK, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. S.K.KAYAKAMATH, ADVOCATE FOR R1
SRI. SANTOSHGOUDA L.LINGANAGOUDAR, ADVOCATE
FOR R5 AND R6;
SRI. PAVAN B.DODDATTI AND SMT.DEEPA P.DODDATTI,
ADVOCATES FOR R2 TO R4;
SRI.SHRIDHAR HIREMATH, ADVOCATE FOR R10)
(R7 TO R9 ARE MINORS REPRESENTED BY R5)
THIS RFA FILED UNDER SEC. 96 READ WITH ORDER 41
RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND
DECREE DTD 09.07.2020 PASSED IN O.S.NO.218/2017 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, GOKAK, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND
DECLARATION.
THIS APPEAL COMING ON FOR REPORTING
SETTLEMENT, ALONG WITH INTERLOCUTORY APPLICATIONS,
THIS DAY, RAMACHANDRA D. HUDDAR, J., DELIVERED THE
FOLLOWING:
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RFA No.100022 of 2021
JUDGMENT
I.A. No.4/2024 is filed by appellant No.3 under
Order XXXII Rule 7 of CPC seeking leave of this Court to
enter into compromise on behalf of appellant No.6 on
behalf of minor respondents No.5 to 10. Likewise,
respondent No.5 has filed I.A. No.5/2024 under Order
XXXII Rule 7 of CPC seeking permission to enter into
compromise on behalf of minor respondents No.7 to 9
with other appellants and respondent No.10 so named in
the appeal memo.
(arrayed as respondents No.3 to 5 in the compromise
petition - I.A. No.3/2024), being minors, the parties to
this petition have filed the above I.A. Nos.4 and 5 of
2024 seeking leave of this Court to enter into
compromise on behalf of appellant No.6 and on behalf of
respondents No.7 to 9.
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3. It is submitted that, the compromise so
entered into would be for the welfare of the minor
appellants and minor respondents named in the
application.
4. Heard both the side. As the compromise
entered into between aforesaid parties is in the better
interest and welfare of the minors, leave so sought to
enter into compromise is granted. Accordingly I.A.
No.4/2024 and I.A. No.5/2024 are allowed.
5. Memo of acknowledgement is filed by appellant
No.1 - Smt. Savakka, W/o Sidramappa Chippalakatti for
having received a sum of Rs.5,00,000/- by way of a
Demand Draft bearing No.956261, dated, 21.03.2024,
drawn on Union Bank of India, and also 35 grams of gold
ornaments from appellant No.3-Smt. Mahadevi, stated to
be the wife of Shivanand Sadalagi.
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6. Appellant No.2 Smt. Ratnavva, W/o Yallappa
Halabar, has also filed a similar Memo of
acknowledgement for having received a sum of
Rs.5,00,000/- by way of a Demand Draft bearing
No.956262, dated, 21.03.2024, drawn on Union Bank of
India, and also 35 grams of gold from respondent No.5-
Smt. Nagavva, Wife of Rangappa Sadalagi.
7. Today, learned counsel for the appellant files a
Memo stating that, the appellants No.1 to 5 and
respondents No.5 to 10 have no objections to delete para
3, at page 6, of the compromise petition.
8. Having heard both sides, appellants No.1 to 5
and respondents No.5 to 10 are permitted to delete para
3 of the compromise petition as prayed.
9. Counsel for the respective appellants and
respondents, on behalf of the respective minors, have
filed their respective certificates as required under Order
XXXII Rule 7 of CPC sating that the compromise so
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entered is in the better interest and welfare of the
minors. The same is accepted.
10. I.A. No.3/2024 is filed under Order XXIII Rule
3 read with Section 151 of the Code of Civil Procedure,
1908, by the appellants and respondents 5 to 10 jointly
so named in the appeal reporting compromise in between
them.
11. Appellant Nos.1 to 5 are present, and
appellant No.6, being minor, is represented by appellant
No.3. Respondent No.5 and respondent No.10 are
present, and respondents No.6 to 9, being minors, are
represented by respondent No.5.
12. Counsel for both side are present. The parties
to the compromise petition/application - I.A. No.3/2024
are identified by their respective counsels.
13. We have perused the records and also
genealogical tree furnished by the appellant. For better
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understanding, it is just and proper to incorporate the
genealogical tree in the decree to be drawn. It reads as
under:
(VENKAPPA)
(HANAMAVVA)
(Shivanand) Hanamavva Savakka Ratnawwa (Rangappa)
Plf. D-4 D-5
Laxmavva Mahadevi Nagavva
D-1 D-7 D-6 (a)
Mayappa Renavva
D-2 D-3
Sridevi Venkappa Hanamant
D-9 D-10 D-11
Kaveri Nandini Radhika Mahesh
D-6(b) D-6(c) D-6(d) D-6(e)
14. Having heard both the sides as per the
genealogical tree, it is seen that, one Venkappa is the
propositus. He had a wife by name Hanamavva. Both
Venkappa and Hanamavva have got five children viz.,
Shivanand, Hanumawwa, Savakka, Ratnawwa and
Rangappa.
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15. As per the partition to be effected in the
family, as the propositus and his wife are no more, the
legal representatives of Venkappa and Hanumavva viz.,
Shivanand, Hanumawwa, Savakka, Ratnawwa and
Rangappa would get 1/5th share each in the suit schedule
properties by metes and bounds.
16. The first son - Shivanand died leaving behind
his wife - Laxmawwa, and two children viz., Mayappa and
Renawwa, who are arrayed as defendants No.1 to 3. They
together are entitled for 1/5th share in the suit schedule
properties.
17. Hanumawwa, the plaintiff, would get 1/5th
share in the suit schedule properties by metes and
bounds.
18. It is brought in the compromise petition that,
the parties have settled the matter between them as per
the terms mentioned therein,
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(a) Savakka (defendant No.4) has given up her right in
favour of Mahadevi (defendant No.7) and, in lieu of
the same, she has received 35 grams of gold
ornaments and a sum of Rs.5,00,000/- by way of a
Demand Draft.
(b) Ratnawwa (Defendant No.5) has given up her right
in favour of defendant No.6(a) - Nagawwa and, in
lieu of the same, as per the contents of the
compromise, she has received 35 grams of gold
ornaments and a sum of Rs.5,00,000/-by way of a
Demand Draft.
19. The contents of the compromise petitions are
read over and explained to the parties, who are present
before the Court, in the language known to them i.e., in
Kannada language. They admit the contents of the
compromise petition. The compromise so entered into is
voluntary and without any force or coercion from
anybody.
We are satisfied.
20. In view of the compromise entered into
between the parties as stated above, there shall be
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compromise petition in terms of the compromise petition
holding that,
(a) the plaintiff-Hanumawwa is entitled for 1/5th share
in the suit schedule properties by metes and
bounds;
(b) defendants No.1 to 3 together are held entitled for
1/5th share in the suit schedule properties by metes
and bounds;
(c) Mahadevi having got property from Savakka, as per
the compromise, is entitled for 1/5th share in the
suit schedule properties along with her three
children viz., Shridevi, Venkappa and Hanumanth
i.e., defendants No.9 to 11 are together entitled for
1/5th share by metes and bounds; and
(d) Nagawwa (defendant No.6(a)) is entitled for 1/5th
share of her husband and in addition to that, she is
also entitled for 1/5th share of Ratnawwa by metes
and bounds. In addition to the share of Ratnavva,
Nagawwa (defendant No.6(a)) being the legal heir
of Rangappa, she is entitled for 1/5th share in the
share of Rangappa.
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(c) The legal heirs of Rangappa (defendant No.6) i.e.,
Nagawwa, Kaveri, Nandini, Radhika and Mahesh
(defendants No.6(a) to 6(e)) together are entitled to
the share of Rangappa by metes and bounds.
21. Parties are at liberty to seek equity with regard
to their allotment of shares keeping in mind the
respective possession of the properties at the time of
drawing final decree.
22. Accordingly, the appeal is disposed of in terms
of the compromise petition.
Office to draw the preliminary decree in the above
terms.
Sd/-
JUDGE
Sd/-
JUDGE
