Mallappa S/O Siddappa Pujari vs Smt. Anoorma W/O Fakrusab Bagawan
2024 Latest Caselaw 3840 Kant

Karnataka High Court

Mallappa S/O Siddappa Pujari vs Smt. Anoorma W/O Fakrusab Bagawan on 8 February, 2024

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                                                    NC: 2024:KHC-D:2970
                                                      RSA No. 100780 of 2018
                                                  C/W RSA No. 100636 of 2018




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                       BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                 REGULAR SECOND APPEAL NO. 100780 OF 2018 (PAR)
                                     C/W
                   REGULAR SECOND APPEAL NO. 100636 OF 2018

            IN RSA.NO.100780/2018:

            BETWEEN:

            1.   SMT. ANOORMA
                 W/O. FAKRUSAB BAGAWAN,
                 AGE: 54 YEARS,
                 OCC: AGRICULTURE,
                 R/O: JADAR - ARALIKATTI,
                 TQ: MUDHOL,
                 DIST:BAGALKOT - 587 122.

            2.   IMAMSAB
                 S/O. FAKRUSAB BAGAWAN,
                 AGE:37 YEARS,
                 OCC: AGRICULTURE,
Digitally        R/O: JADAR - ARALIKATTI,
signed by        TQ: MUDHOL,
ROHAN
HADIMANI         DIST:BAGALKOT - 587 122.
T

            3.   SMT. JANNATABI
                 W/O. AMINSAB BAGAWAN,
                 AGE:34 YEARS,
                 OCC:AGRICULTURE,
                 R/O: JADAR - ARALIKATTI,
                 TQ: MUDHOL,
                 DIST: BAGALKOT - 587 122.

            4.   PAPAMA
                 D/O. FAKRUSAB BAGAWAN,
                 AGE:30 YEARS,
                 OCC: AGRICULTURE,
                 R/O: JADAR - ARALIKATTI,
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                                        NC: 2024:KHC-D:2970
                                          RSA No. 100780 of 2018
                                      C/W RSA No. 100636 of 2018



     TQ: MUDHOL,
     DIST: BAGALKOT - 587 122.

5.   RIJU
     D/O. FAKRUSAB BAGAWAN,
     AGE:28 YEARS,
     OCC:AGRICULTURE,
     R/O: JADAR - ARALIKATTI,
     TQ: MUDHOL,
     DIST: BAGALKOT - 587 122.

6.   BIBIJAN
     D/O. FAKRUSAB BAGAWAN,
     AGE:26 YEARS,
     OCC:AGRICULTURE,
     R/O:JADAR - ARALIKATTI,
     TQ: MUDHOL,
     DIST:BAGALKOT - 587 122.
                                                     ...APPELLANTS
(BY SRI GIRISH A. YADAWAD, ADVOCATE)

AND:

     SMT. GUDUMA
     W/O. HASANSAB BAGAWAN,
     SINCE DECEASED BY HER LRS.

1.   HASANSAB
     S/O. HUSSENSAB BAGAWAN @
     BEVINGIDAD,
     AGE:66 YEARS, OCC:AGRICULTURE,
     R/O:BATAKURKI, TQ:RAMDURG,
     DIST: BELAGAVI - 591 123.

2.   SMT. BIBIJAN
     W/O. MALIKSAB BAGAWAN
     AGE: 46 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O:BAGAWAN GALLI, MAMADAPUR,
     TQ:GOKAK,
     DIST: BELAGAVI - 591 233.

3.   SMT.SAIDAMA
     W/O. AMINSAB BAGAWAN,
     AGE: 36 YEARS,
     OCC:HOUSEHOLD WORK,
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                                         NC: 2024:KHC-D:2970
                                           RSA No. 100780 of 2018
                                       C/W RSA No. 100636 of 2018



     R/O:BEHIND BUS-STAND,
     HOSAKOTI, TQ:RAMDURG,
     DIST: BELAGAVI - 591 130.

4.   SMT.SAINAJ
     W/O. HUSSENSAB KOPPAD,
     AGE: 29 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: BATAKURKI, TQ: RAMDURG,
     DIST: BELAGAVI - 591 123.

5.   SMT. SAHEBMA
     W/O. KUTABUSAB HUNDEKAR,
     AGE: 39 YEARS,
     OCC: AGRICULTURE,
     R/O: CHIKKOPPA (KS), TQ:RAMDURG,
     DIST: BELAGAVI - 591 114.

6.   MALLAPPA S/O. SIDDAPPA PUJARI,
     AGE 49 YEARS,
     OCC:AGRICULTURE,
     R/O:JADAR-ARALIKATTI,
     TQ:MUDHOL,
     DIST:BAGALKOT 587122
                                              ...RESPONDENTS
(BY SRI N.L.BATAKURKI, ADVOCATE FOR R1 TO R5;
SRI GURUDEV GACHCHINAMATH, ADVOCATE FOR R6)

     THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.07.2018
PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
MUDHOL, IN R.A.NO.18/2014 MODIFYING THE JUDGMENT AND
DECREE DATED 30.06.2014 PASSED BY THE PRL. CIVIL JUDGE,
MUDHOL IN O.S.NO.37/2009 AND ETC.,

IN RSA.NO.100636/2018:

BETWEEN:

MALLAPPA S/O. SIDDAPPA PUJARI,
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE,
R/O: JADAR ARALIKATTI, TQ: MUDHOL,
DIST: BAGALKOT, PIN: 587 112.
                                                       ...APPELLANT
(BY SRI G.I.GACHCHINAMATH, ADVOCATE)
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                                      NC: 2024:KHC-D:2970
                                        RSA No. 100780 of 2018
                                    C/W RSA No. 100636 of 2018




AND:

1.   SMT. ANOORMA
     W/O. FAKRUSAB BAGAWAN,
     AGE ABOUT 54 YEARS,
     OCC: AGRICULTURE.

2.   IMAMSAB
     S/O. FAKRUSAB BAGAWAN,
     AGED ABOUT 37 YEARS,
     OCC: AGRICULTURE.

3.   SMT. JANNATABI
     W/O. AMINSAB BAGAWAN,
     AGED ABOUT 34 YEARS,
     OCC: AGRICULTURE.

4.   PAPAMA
     D/O. FAKRUSAB BAGAWAN,
     AGE ABOUT 30 YEARS,

5.   KUMARI RIJU @ MIJJU
     D/O. FAKRUSAB BAGAWAN,
     AGED 28 YEARS,
     OCC: AGRICULTURE,

6.   KUMARI BIBIJAN
     D/O. FAKRUSAB BAGAWAN,
     AGE: 26 YEARS, OCC: AGRICULTURE,

     ALL R/O: JADAR - ARALIKATTI,
     TQ: MUDHOL,
     DIST:BAGALKOT.

     SMT. GUDUMA
     W/O. HASANSAB BAGAWAN,
     SINCE DECEASED BY HER L.R'S.

7.   HASANSAB
     S/O. HUSSENSAB BAGAWAN
     @ BEVINGIDAD,
     AGED 66 YEARS,
     OCC: AGRICULTURE,
     R/O: BATAKURKIM TQ: RAMDURG,
     DIST: BELAGAVI, PIN: 591 123.
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                                    NC: 2024:KHC-D:2970
                                      RSA No. 100780 of 2018
                                  C/W RSA No. 100636 of 2018




8.   SMT. BIBIJAN
     S/O. MALIKSAB BAGAWAN,
     AGED 46 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: BAGAWAN GALLI, MAMADAPUR,
     GOKAK, TQ: GOKAK,
     DIST: BELAGAVI, PIN: 591 233.

9.   SMT. SAIDAMA W/O.
     AMEENSAB BAGAWAN,
     AGED ABOUT 36 YEARS,
     OCC: HOUSEHOLD WORKM
     R/O: BEHIND BUS STAND, HOSAKOTI,
     TQ: RAMDURG,
     DIST: BELAGAVI,
     PIN - 591 130.

10. SMT. SAINAJ
    W/O. HUSSENSAB KOPPAD,
    AGED 29 YEARS,
    OCC: HOUSE HOLD WORK,
    R/O: PYATI ONI, BATAKURKI,
    TQ: RAMDURG, DIST: BELAGAVI,
    PIN - 591 123.

11. SMT. SAHEBMA
    W/O. KUTABUSAB HUNDEKAR,
    AGED 39 YEARS,
    OCC: AGRICULTURE,
    R/O: CHIKKOPPA,
    NOW AT JADAR - ARALIKATTI,
    TQ: MUDHOL, DIST: BAGALKOT,
    PIN - 587 112.
                                            ...RESPONDENTS
(BY SRI GIRISH YADWAD, ADVOCATE FOR R1 TO R6;
SRI N.L.BATAKURKI, ADVOCATE FOR R7 TO R11)

     THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.07.2018
PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
MUDHOL, IN R.A.NO.18/2014 MODIFYING THE JUDGMENT AND
DECREE DATED 30.06.2014 PASSED BY THE PRL. CIVIL JUDGE,
MUDHOL IN O.S.NO.37/2009 AND ETC.,
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                                         NC: 2024:KHC-D:2970
                                           RSA No. 100780 of 2018
                                       C/W RSA No. 100636 of 2018



     THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

RSA No.100780/2018 is filed by the defendants in O.S

No.37/2009 on the file of the Principal Civil Judge, Mudhol

challenging the judgment and decree dated 30.06.2014 passed

therein as well as confirming the judgment passed by the first

appellate court (Senior Civil Judge and JMFC, Mudhol) in R.A

No.18/2014 dated 21.07.2018.

2. RSA No.100636/2018 is filed by the

purchasers/defendant No.7 in O.S No.37/2009 challenging the

aforesaid judgment and decree passed by the trial court and

the first appellate court.

3. When these appeals were listed for admission, it is

stated that the parties have settled the dispute amicably and

have reported a settlement.

4. A Compromise Petition is filed under XXIII Rule 3 of

CPC which reads as follows:

A. It is agreed by appellant No. 1 to 6 and Respondents No. 1 to 5 and 6 herein that, the appellant Nos. 1 to 6 and respondent Nos. 1 to 5 have equal share in RS No 147 measuring 14 Acres and 35 Guntas of Palkimanya Tq: Mudhol i.e., suit schedule item No. 1. It is agreed that

NC: 2024:KHC-D:2970

Appellant No. 1 to 6 are jointly entitled for ½ share i.e., 7 Acres 17 Gunthas on Eastern side of the said land.

B. It is agreed by appellant No. 1 to 6 and Respondents No. 1 to 5 and 6 herein that, out of ½ share in RS No 147 measuring 14 Acres and 35 Guntas of Palkimanya Tq:

Mudhol, respondent No. 1 to 4 are jointly 3 Acres 29 Gunthas on western side of the land allotted to appellants.

C. It is agreed by appellant No. 1 to 6 and Respondents No. 1 to 5 and 6 herein that, out of the ½ share in RS No 147 measuring 14 Acres and 35 Guntas of Palkimanya Tq:

Mudhol, respondent No. 5 is entitled 3 Acres 29 Gunthas on Western side of the land allotted to respondent No. 1 to 4.

D. It is agreed by appellants and Respondents No. 1 to 5 herein that, they have no claim in the land bearing RS No. 143/2 measuring 3 Acres and 11 Guntas of Palkimanya Tq: Mudhol i.e., Item No. 2 of the suit schedule and that the said land exclusively belongs to respondent No. 6.

E. Both appellants and respondents submitted hand sketch map along with this compromise petition in respect land allotted to appellant No. 1 to 6 and respondent No. 1 to 5 in RS No 147 measuring 14 Acres and 35 Guntas of Palkimanya Tq: Mudhol to appellants and respondent No. 1 to 5 and same be treated as part and parcel of this compromise petition.

F. Appellant and Respondents submits that, they are already in possession of the land allotted to them.

G. The appellant No. 1 to 6 agreed that, they will give road measuring 12 Feet on northern side of their land to reach the lands of Respondent No. 1to 5 for transportation and agriculture operation.

Wherefore, it is most humbly prayed that this Hon'ble Court be pleased to accept the joint compromise petition and decree may be drawn in accordance with the compromise petition, in the interest of justice and equity.

NC: 2024:KHC-D:2970

5. The plaintiffs and the defendants are present and

are identified by their respective counsel. All of them admit of

having understood the terms of the settlement and all of them

admit that the settlement is just and proper and that the same

is acceptable to all of them.

6. As part of the settlement, the plaintiffs and the

defendants have agreed to divide the suit Item No.1 in two

roughly equal shares as per the hand sketch which is attached

to the compromise petition. They also admit that they are

bound by the sale of suit Item No.2 in favour of the defendant

No.7 and consequently, defendant No.7 shall henceforth be the

lawful owner of the suit item No.2.

7. Since the compromise is just and proper and is not

opposed to any law, the same is accepted.

8. In that view of the matter, these appeals stands

disposed off in terms of the compromise petition. Consequently

the judgment of the trial court and the first appellate court shall

stand modified accordingly. The parties have affixed their

signature to the order sheet of this court in token of acceptance

of terms of the settlement.

NC: 2024:KHC-D:2970

9. The Regular Second Appeal therefore stands

disposed off in terms of the compromise petition. Office is

directed to draw a decree in terms of the compromise petition.

It is needless to mention that the rough hand sketch which is

attached to the compromise petition shall form part and parcel

of the decree.

SD/-

JUDGE

PMP

CT-ASC