Karnataka High Court
Babu S/O : Gangappa Khanannavar vs Kashavva W/O : Basalingappa Idagal on 2 February, 2024
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RSA No. 5011 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.5011/2010(PAR)
BETWEEN:
1. BABU
S/O. GANGAPPA KHANANNAVAR,
SINCE DECEASED BY HIS LR'S.
1A. SMT. SAROJINI
W/O. BABU KHANANNAVAR,
AGE: 55 YEARS,
OCC: HOUSEHOLD WORK,
R/O: CHIKKABAGEWADI,
BAILHONGAL TALUKA,
DIST: BELAGAVI.
1B. SMT. MANJULA
W/O. PRAKASH OYGAGGLE,
AGE: 43 YEARS,
OCC: HOUSE HOLD WORK,
R/O: NEAR NEW BUS STAND,
Digitally
signed by DHARWAD.
VINAYAKA
BV 1C. SHRI JAGADISH
S/O. BABU KHANANNAVAR,
AGE: 41 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKABAGEWADI,
BAILHONGAL TALUKA,
DIST: BELAGAVI.
1D. SMT. SUCHITA
W/O. RAJU JADINNAVAR,
AGE: 38 YEARS,
OCC: HOUSEHOLD WORK,
R/O: GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
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RSA No. 5011 of 2010
1E. SMT. SHRIDEVI
W/O. MAJAPPA HATTIKATAGI,
AGE: 35 YEARS,
OCC: HOUSEHOLD WORK,
R/O: GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
1F. SHRI GIRISH
S/O. BABU KHANANNAVAR,
AGE: 32 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKABAGEWADI,
BAILHONGAL TALUKA,
DIST: BELAGAVI.
2. ASHOK
S/O. GANGAPPA KHANANNAVAR,
SINCE DECEASED BY HIS LR'S.
2A. SMT. TARAMATI
W/O. ASHOK KHANANNAVAR,
AGE: 56 YEARS,
OCC: HOUSEHOLD WORK,
CHIKKABAGEWADI,
BAILHONGAL TALUKA,
DIST: BELAGAVI.
2B. SMT. DEEPA OMKARAPPA TORGAL,
AGE: 36 YEARS,
OCC: HOUSEHOLD WORK,
R/O: CHIKKUMBI, TQ: SAUNDATTI,
DIST: BELAGAVI.
2C. SHRI SUNIL S/O. ASHOK KHANANNAVAR,
AGE: 34 YEARS,
OCC: AGRICULTURE,
R/O: BAILHONGAL TALUKA,
DIST: BELAGAVI.
3. SAVAKKA W/O. BASALINGAPPA IDAGAL,
AGED ABOUT 55 YEARS,
OCC: HOUSEHOLD WORK,
HIERBAGEWADI,
TQ AND DIST: BELAGAVI.
...APPELLANTS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE)
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RSA No. 5011 of 2010
AND:
1. SMT. KASHAVVA
W/O. BASALINGAPPA IDAGAL,
SINCE DECEASED BY HER LRS.
1A. VIJAYA BASALINGAPPA IDAGAL,
AGE: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/O: CHARANTIMATH BUILDING
PLOT NO.4, RAILNAGAR,
BELAGAVI.
1B. UDAY BASALINGAPPA IDAGAL,
AGE: 41 YEARS,
OCC: AGRICULURE,
R/O: CHARANTIMATH BUILDING
PLOT NO.4, RAILNAGAR,
BELAGAVI.
1C. MEENAAKSHI
W/O. ARJUN UPPAL,
AGE: 50, OCC: HOUSEHOLD,
R/O: BAILHONGAL,
DIST: BELAGAVI.
1D. SUDHA RAJU CHIKKODI,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O: OFFICE OF SUPRIDENT OF POLICE,
BELAGAVI.
2. ARJUN
S/O. NINGAPPA UPPAL,
AGED ABOUT 45 YEARS,
OCC : BUSINESS,
R/O. KPCL QUARTERS, DANDELI,
HALIYAL TALUK,
KARWAR DISTRICT - 581 325.
3. BASAVARAJ S/O. NINGAPPA UPPAR,
AGED ABOUT 43 YEARS,
OCC : AUTO DRIVER,
R/O. KPCL QUARTERS, DANDELI,
HALIYAL TALUK,
KARWAR DISTRICT - 581 325.
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RSA No. 5011 of 2010
4. SMT. SHREEMANTHI
W/O. GANGAPPA UPPAR,
AGED ABOUT 40 YEARS,
OCC : HOUSEHOLD WORK,
R/O. KPCL QUARTERS, DANDELI,
HALIYAL TALUK,
KARWAR DISTRICT - 581 325.
5. MISS. UMALAKSHMI
D/O. GANGAPPA UPPAR,
AGED ABOUT 22 YEARS,
OCC: STUDENT,
R/O. KPCL QUARTERS, DANDELI,
HALIYAL TALUK,
KARWAR DISTRICT - 581 325.
6. KUMAR LAVA
S/O. GANGAPPA UPPAR,
AGED ABOUT 20 YEARS,
OCC : STUDENT,
R/O : KPCL QUARTERS, DANDELI,
HALIYAL TALUK,
KARWAR DISTRICT - 581 325.
7. KUMAR KUSHA
S/O. GANGAPPA UPPAR,
AGED ABOUT 19 YEARS,
OCC : STUDENT,
R/O : KPCL QUARTERS DANDELI,
HALIYAL TALUKA,
KARWAR DISTRICT - 581 325.
...RESPONDENTS
(BY SRI SANTOSH B. MALAGOUDAR,
ADVOCATE FOR R1 (A, B, C AND D);
SRI SIDDANAGOUDA B. KULKARNI,
ADVOCATE FOR R2, R3 AND R5 TO R7;
NOTICE TO R4 IS SERVED)
THIS RSA IS FILED U/S. 100 CPC., AGAINST THE JUDGEMENT
& DECREE DATED 23-11-2009 PASSED IN R.A.NO.164/2008 ON THE
FILE OF THE I- ADDL. DISTRICT JUDGE, BELGAUM, DISMISSING THE
APPEAL, FILED AGAINST THE JUDGMENT DATED 13-06-2008 AND
THE DECREE PASSED IN F.D.P.NO.24/1999 ON THE FILE OF THE II
ADDL. CIVIL JUDGE(SR.DN) BELGAUM AND ETC.,
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RSA No. 5011 of 2010
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The defendants No.1, 2 and 3 in FDP No.24/1999 pending
consideration before the II Addl. Civil Judge (Sr.DN.) at
Belgaum have filed this Regular Second Appeal challenging the
final decree drawn.
2. When this appeal was listed for admission, the
parties have settled the dispute and filed a compromise petition
under Order XXIII Rule 3 read with Section 151 of CPC which
reads as follows:
1) The appellants and respondents are the members of
joint Hindu family of which Late Gangappa was the propositus.
The top noted RSA is filed challenging the order passed in FDP
No.24/1999 by the Court of Civil Judge, Sr.Dn., Belagavi and
confirmed by lower appellate court 1st Additional District Judge,
Belagavi in R.A No.164/2008. The court Commissioner was
appointed by the trial court to propose partition in the suit
schedule properties. The court commissioner has submitted his
report which has been accepted by the trial court and the final
decree has been drawn. Final decree was ordered to be drawn
based on the court commissioner report.
2) The appellants and respondents with the
intervention of the elders and well wishers held mutual
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discussions in the presence of Babagouda patil former union
minister and have agreed to divide the suit properties in three
equal parts as late Gangappa had two sons by name Babu and
Ashok born to his wife Savakka and 2 daughters by name
Kahsavva and Gangavva born to Nagamma. The appellants and
respondents in order to have cordial relations have decided to
entered this compromise on the following terms and conditions:-
A) PROPERTIES ALLOTTED TO THE APPELLANT NO.1C
Shri.Jagadish S/o Khanannavar AND Shri.Girish S/o Babu
Khanannavar 1F.
(I) 3 acres 16 guntas of agricultural land bearing
Sy.No.95/9 assessed at Rs.8.16 situate at Chikkabagewadi, Tal.
Bailhongal, Dist.Belagavi.
(II) 6 acres 11 guntas of agricultural land bearing
Sy.No.135/1 situate at Chikkabagewadi, Tal. Bailhongal,
Dist. Belagavi.
(III) 2 acres of agricultural land bearing Sy.No.135/2
situate at Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi.
(IV) 13 guntas 11 annas of agricultural land bearing
Sy.No.29/7+8+3 and Sy.No.29/9 from out of totally
admeasuring 38.11 guntas situate at Chikkabagewadi, Tal.
Bailhongal, Dist. Belagavi.
B) PROPERTIES ALLOTTED TO THE SHARE OF
APPELLANT NO.1A JOINTLY WITH APPELLANTS NO.1C
AND 1F.
1 acre of agricultural land in Sy.No.91 situate at
Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi shown in the
map annexed with this petition which is bounded to:-
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East - Property allotted to Vijay and Uday Idagal
West - Property allotted to Sunil S/o Ashok Khannananvar
North - Property of Patil
South - Property allotted to Sunil S/o Ashok Khannananvar
C) PROPERTIES ALLOTTED JOINTLY TO THE SHARE OF
APPELLANT NO.1B SMT. MANJULA PRAKASH Oggayyagol,
APPELLANT No.1D SMT. SUITCHITA RAJU JADENNAVAR
AND APPELLANT NO.1E SMT. SRIDEVI MAYAPPA
HATTIKATAGAGI.
3 acres of agricultural land in Sy.No.135/1 situate at
Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi bounded to:-
East - Property allotted to Jagadish and Girish
West - Property allotted to Jagadish and Girish
North - Property of Kurbar
South - Property of Kurbar
D) PROPERTIES ALLOTTED TO SHARE OF LEGAL HEIRS
OF APPELLANT No.2
PROPERTIES ALLOTTED TO THE SHARE OF APPELLANT No.2B
TARAMATI ASHOK KHANANNAVAR.
2 acres AGRICULTURAL LAND in Sy.No.91 situate at
Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi bounded to the
East - by property allotted to the share of Sunil appellant
No.2C in R.S No.91,
West - by property allotted to the share of Deepa appellant
No.2B in R.S No.91,
North - property of patil
South - property of Malagali.
E) PROPERTIES ALLOTTED TO THE SHARE OF
APPELLANT NO.2B DEEPA OMKARAPPA TORAGAL
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4 acres of agricultural land out of Sy.No.91 situate at
Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi bounded
To the East - by property allotted to appellant No2.A
Taramati out the same sy.no.
To the West - Nala
To the North - Property of Patil,
To the South - Property of Malagali.
F) APPELLANT NO.2C SUNIL ASHOK KHANNANAVAR.
7 ACRES 39 GUNTHAS AGRICULTURAL LAND IN SY.91
situate at Chikkabagewadi, Tal. Bailhongal, Dist. Belagavi
BOUNDED As UNDER
To the East - By MK Hubli road, & properties out of the same
sy.no.91 allotted to the share of Sarojini, Jagadish and Girish in
R.S No.91,
To the West - By land out of the same sy.no. allotted to the
share of appellant No.2A Taramati in R.S No.91,
To the North - Property of Patil,
To the South - Property of Malagadi.
G) THE RESPONDENTS TOGETHER SHALL RECEIVE 14
ACRES OF LAND TOWARDS THEIR SHARE IN THE SUIT
SCHEDULE PROPERTIES AND THE SAME SHALL BE
DIVIDED AMONGST THEMSELVES AS UNDER:-
Legal Heirs of Kashavva Basalingappa Idagal I.E.
RESPONDENTS 1A VIJAY BASALINGAPPA IDAGAL, 1B UDAY
BASALINGAPPA IDAGAL AND 1C MEENAKSHI ARJUN UPPAR AND
1D SUDHA RAJU @ BASAVARAJ CHIKKODI SHALL RECEIVE 7
ACRES OF LAND IN R.S NO.91 SITUATE AT
CHIKKABAGEWADI, TAL. BAILHONGAL, DIST. BELAGAVI
BOUNDED TO THE
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EAST - MK Hubli Road,
WEST - Property jointly allotted to Sarojini, Jagdish and Girish,
NORTH - Property owned by Patil,
SOUTH - Property allotted to the share of Sunil Khannanvar out
of the same Sy.No.91
H) PROPERTY ALLOTTED TO THE JOINT SHARE OF
LEGAL HEIRS OF GANGAVVA W/O NINGAPPA UPPAR i.e.
RESPONDENT NO.2. - ARJUN NINGAPPA UPPAR
RESPONDENT NO.3 - BASAVARAJ NINGAPPA UPPAR
RESPONDENT NO.5 - UMALAXMI D/O GANGAPPA UPPAR
RESPONDENT NO.6 - LAVA GANGAPPA UPPAR
RESPONDENT NO.7 - KUSHA GANGAPPA UPPAR
TOGETHER ALLOTTED THE FOLLOWING LANDS:-
(1) 25 GUNTHAS IN SY.29/7+8+3
(2) 32 GUNTHAS 2 ANNAS IN SY.NO.95/1,
(3) 14 GUNTHAS 1 ANNA IN SY.95/3,
(4) 3 ACRES 31 GUNTHAS 9 ANNAS IN SY.95/5,
(5) 1 ACRES 17 GUNTHAS 3 ANNAS IN SY.95/7
ALL SITUATE AT CHIKKABAGEWADI, TAL. BAILHONGAL,
DIST. BELAGAVI.
3) The appellant 1C and 1F who have been jointly
allotted 3 acres 16 gunthas shall give NA plots measuring 2
gunthas each to appellants No.1B, 1D and 1E.
4) The appellants No.1C and 1F have availed loan by
mortgaging some of the suit properties with Canara Bank. They
shall clear the encumbrances and transfer clear ownership right
to the other appellants and respondents.
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5) The appellants 1C and 1F shall deliver possession of
NA plots measuring 2 gunthas each to appellants 1B, 1D and 1E
from out of Sy.No.95/9 within three months from the date of
this compromise free from encumbrances.
6) The appellants No.1A to 1F and 2A to 2C shall
deliver actual physical possession of properties allotted to the
share of Respondents No.1A to Respondents No.7. The
respondents No.1A to Respondent No.7 shall peacefully enter
the possession of the properties allotted to their respective
shares and shall also get their names duly entered in the
revenue records.
7) The appellants shall have no objection for getting
names of the respondents entered in the revenue records
relating to the properties allotted to their respective share and
so also the respondent will have no objection for entering the
names of respective appellants in the revenue records relating
to the properties allotted to their respective shares.
8) The appellants No.1C and 1F shall clear the bank
loans or any other loan within three months from the date of
this compromise and get the same cleared from the revenue
records.
9) The appellants 1C, 1F and 2C have availed crop
loan of Rs.3,00,000/- from Canara Bank, the appellant No.2C
has undertaken to clear the crop loan of Rs.2,00,000/- with
interest and appellant No.1C and 1F has undertaken to clear the
crop loan of Rs.1,00,000/- with interest within 3 months and
close the crop loan account bearing No.05198380001599.
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10) The other appellants and respondents are not liable
to clear the loans and it shall be the sole responsibility of
appellants No.1C and 1F to clear all other loans.
11) The maps showing the measurements of the
properties allotted to the respective sharers are annexed with
this compromise which may be treated part and parcel of this
compromise petition.
12) The parties have entered in to this compromise out
of their free will and full knowledge voluntarily.
13) A final decree in the above terms may kindly be
drawn in the interest of justice and equity.
3. The appellants and the respondents are present and
are identified by their respective counsel. They all admit of
having understood the terms of the compromise and agree
that, this appeal may be disposed off in terms of the
compromise by modifying the final decree drawn by the final
decree Court in FDP No.24/1999 which is confirmed in R.A
No.164/2008 by the first appellate court.
4. In view of the above, this appeal stands disposed off
on the above terms and the final decree in FDP No.24/1999
drawn by the II Addl. Civil Judge (Sr.DN.), Belgaum, which was
confirmed by the I Additional District Judge, Belgaum in RA
No.164/2008 stand modified accordingly. The parties have
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affixed their signatures to the order sheet of this Court in token
of their acceptance of the terms of this compromise.
SD/-
JUDGE
PMP
CT-ASC
