Karnataka High Court

Basappa S/O Mariyappa Meti vs Smt.Muttavva W/O Subhas Chigolli on 7 February, 2024

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                                                 NC: 2024:KHC-D:2772
                                                    RSA No. 100309 of 2021




            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                   DATED THIS THE 7TH DAY OF FEBRUARY, 2024

                                       BEFORE

                       THE HON'BLE MR JUSTICE R.NATARAJ

             REGULAR SECOND APPEAL NO.100309/2021(PAR/DEC)

            BETWEEN:

            1.   BASAPPA S/O. MARIYAPPA METI,
                 AGE: 57 YEARS, OCC: AGRICULTURE,
                 R/O: BELAGI NEERALAGI, TQ: RON,
                 DIST: GADAG, P. C. NO: 528 101.
            2.   SHARANAPPA S/O. MARIYAPPA METI,
                 AGE: 57 YEARS, OCC: AGRICULTURE,
                 R/O: BELAGI NEERALAGI, TQ: RON,
                 DIST: GADAG, P. C. NO: 528 101.

            3.   SHANTAPPA S/O. BASAPPA METI,
                 AGE: 65 YEARS, OCC: AGRICULTURE,
                 R/O: BALAGODA, TQ: RON,
                 DIST: GADAG, P. C. NO.528101.
                                                           -    APPELLANTS
            (BY SRI P. G. MOGALI, ADVOCATE)

            AND:
Digitally
signed by   1.   SMT. MUTTAVVA W/O. SUBHAS CHIGOLLI,
VINAYAKA         AGE: 48 YEARS, OCC: HOUSEHOLD,
BV               R/O: BANNIKOPPA, TQ: RON,
                 DIST: GADAG, P.C. NO.528101.
            2.   SRI SHAILAPPA S/O. MARIYAPPA METI,
                 AGE: 43 YEARS, OCC: AGRICULTURE,
                 R/O: BALAGOD, TQ: RON,
                 DIST: GADAG, P.C.NO.528101.
            3.   SMT. SUNITA W/O. KUMAR METI,
                 AGE: 38 YEARS, OCC: HOUSEHOLD
                 LR OF KUMAR S/O. MARIYAPPA METI, R/O: BALAGOD,
                 R/O RAJEEVAGANDHI AYURVEDIC HOSPITAL,
                 RON, DT: GADAG, P.C.NO.528101.
                                                         -    RESPONDENTS
            (BY SRI LAXMAN T. MANTAGANI, ADVOCATE FOR R1 AND R3;
            NOTICE TO R2 IS SERVED)
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                                     NC: 2024:KHC-D:2772
                                       RSA No. 100309 of 2021




      THIS REGULAR SECOND APPEAL IS FILED U/SEC. 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 09.12.2020 PASSED IN
R.A.NO.10/2018 ON THE FILE OF THE I ADDITIONAL PRINCIPAL FAMILY
COURT, GADAG, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 08.07.2014 PASSED IN O.S.
NO.27/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, RON DECREEINGTHE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

      THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Defendants no. 1, 2 and 5 in O.S. No. 27/2014 on the file

of the Senior Civil Judge & JMFC, Ron, have filed this regular

second appeal challenging the judgment and decree dated

08.07.2014 passed therein as well as the judgment and decree

of the first appellate court dated 09.12.2020 in R.A. No.

10/2018.

2. The suit in O.S. No. 27/2014 was filed for partition and

separate possession of the plaintiffs share in the suit schedule

property which was decreed and the plaintiff was declared to be

entitled to 1/5th share in the schedule 'A' and 'B' property. The

appeal preferred by the defendants no. 1, 2 and 5 before the

first appellate court was dismissed. When this appeal was

listed for orders, the parties have filed a petition under Order

23 Rule 3 CPC which reads as under:

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"II. In order to maintain good relationship between the parties, and with an intention to put an end to the litigation, both the parties met together, and discussed about the issues involved in the suit, in the presence of their well wishers in the village. After such detailed deliberation and discussion, they have decided to settle the issue amicably in the following terms :-

1. The properties allotted to the share of defendant No:1- Basappa S/O Mariyappa Meti (Appellant No:1):-

(a) The land in Sy. No: 42/3 (Item No:1 of Suit Schedule measuring 2-07 acres including 7 guntas of Pot Kharab out of total extent of 4-07 acres of Balagode Village in Ron Taluka with the following boundaries :-

East : The land of Renavva Sharanappa Gosal West : Sarjapur Road North : The land of Shridevi Basavaraj Amargole South : The remaining land in Sy.NO:42/3

(b) The land in Sy. No: 55/6A (Item No:2) to the extent of 1- 07 acres, out of total extent of 3-27 acres of Balagode Village Tq: Ron, bounded by :-

East : Land of Sharanappa Basappa Meti West : Hola Mane Road North : Land of Sunitha Kumar Meti South : Bommasagar Road

(c) The entire extent of land in Sy. No: 67/3B1 (Item No: 4) measuring 3-15 acres of Balagode Village in Ron Taluka, bounded by :-

East: Land of Sharanappa Mariyappa Meti West : Land of Yellappa Mallappa Pyati North : Land of Kariyappa Basappa Aiholi South : Land of Yeliappa Mallappa Pyati

2. The properties allotted to the share of Defendant No:2-

Sharanappa Mariyappa Meti (Appellant No:2 in RSA) is as under :-

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(a) The land in Sy. No: 55/6A (Item No:2) to the extent of 20 guntas out of total extent of 3-27 acres of Balagode Village in Ron Taluka bounded by East : The land of Ashok Basappa Meti West : Remaining land in Sy. No: 55/6A North : The land of Sunitha Kumar Meti South : Bommasagar Road

(b) The land in Sy. No:67/3B2 (Item No:5) to the extent of 3 acres out of total extent of 6 acres of Balagode village Taluka: Ron bounded by :-

East : The land of Shanthappa Basappa Meti West : The land of Basappa Mariyappa Meti North : Govt. Road South : The land of Nagaraj Shrishailappa Meti

3. The Properties allotted to the share of Shrishilappa Mariyappa Meti-Defendant No:3 (Respondent No;2) is as under:-

(a) The land in Sy. No: 65/3+4 ( Item No:3) to the extent of 3-28 acres out of total extent of 4-28 acres of Balagode Village in Ron Taluka with the following boundaries :-

East : The land of Sandimani West : Land of Dharmesh Mallappa Vakrad North : Land of Kalakappa Sharanappa Hugar South : The remaining land in Sy. No: 65/3+4

4. The properties allotted to the share of Smt. Sunitha W/O Kumar Meti i.e, the wife of Defendant No:4 (Respondent No:3 in RSA) is as under :-

(a) The land in Sy. No:42/3 (Item No:1 ) to the extent of 2 acres out of total extent of 4-07 acres of Balagode village in Ron Taluka surrounded by:-

East : The land of Renavva Sharanappa Gosal West : Sarjapur Road North : The land of Basappa Mariyappa Meti- Defendant No:1.

NC: 2024:KHC-D:2772

South : The land of Rekha Sharanappa Pyati.

(b) The land in Sy. No: 55/6A (Item No:2) to the extent of 2 acres out of total extent of 3-27 acres of Balagode village in Ron acres out of total extent of 3-27 acres of balagode village in Ron Taluka surrounded by :-

East : The land of Ashok Basappa Meti West : Hola Mane Road North : The land of Shanthappa Jadeppa Aiholi South : The remaining land in Sy. No: 55/6A.

5. The properties allotted to the share of Shanthappa Basappa Meti-Defendant No:5 (Appellant No:3) is as under :-

(a) The land in Sy. No: 67/3B2 (Item No:5) to the extent of 3 acres out of total extent 6 acres of Balagode village in Ron Taluka with the following boundaries :-

East : The land of Shivanandappa Kariyappa Aiholi West: The land of Sharanappa Mariyappa Meti North : The land of Nindagundi South : The land of Nagaraj Meti

(b) The land in Sy. No: 65/3+4 (Item No:3) to the extent of 1 acres out of total extent of 4-32 acres of Balagode Village in Ron Taluka with the following boundaries :-

East : Land of Shanthappa Mariyappa Mulimani West : The land of Dharmappa M. Vakrad North : The remaining land in Sy.NO: 65/3+4 South : The land of Padiyappa M. Mulimani

6. The "B" Schedule property i.e, house bearing V.P.C.NO:81 of Balagode village Tq: Ron shall continue jointly in the name of Defendant No:1-Basappa Meti, Defendant No:2-Sharanappa Meti, Defendant No:3-

Shrishailappa Meti and in the name of Smt. Sunitha W/O. Kumar Meti (Defendant No:4).

7. The plaintiff and the defendants prays that the Judgment and Decree passed in O.S.NO:27/2014 dt: 08-07-2015

NC: 2024:KHC-D:2772

(8/7/2014) by the Hon'ble Senior Civil Judge and JMFC, Ron, may kindly be set- aside and the suit may kindly be disposed off in terms of the compromise indicated above in the interest of justice and equity.

8. The contents of the Compromise Petition have been read over & explained to the plaintiff and the defendants in Kannada language known to them. After under standing the contents of this compromise petition, they have put their signature to this compromise petition."

3. The appellant no.1 is stated to be bed ridden and he has

executed a power of attorney in favour of appellant no.3. Copy

of the power of attorney is placed on record. The appellants

no.2 and 3 are present. Similarly, respondents no.1, 2 and 3

are also present. They admit and acknowledge the terms of

the compromise. Since the compromise is not opposed to any

law and as the plaintiff and others are suitably compensated as

per the compromise, the same is accepted. The parties have

affixed their signatures to the order sheet of this court in token

of the acceptance of the terms of the compromise.

4. In that view of the matter, this appeal stands disposed of

in terms of the compromise petition. Consequently, the