Karnataka High Court
Vijaykumar S/O Late Shanker Rao vs Smt. Padmini Bai And Ors on 12 February, 2024
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NC: 2024:KHC-K:1453
RFA NO. 200034 OF 2023
C/W
RFA NO. 200116 OF 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
REGULAR FIRST APPEAL NO.200034 OF 2023 (PAR/POS)
C/W
REGULAR FIRST APPEAL NO.200116 OF 2023
IN RFA NO.200034 OF 2023
BETWEEN:
VIJAYKUMAR
S/O LATE SHANKAR RAO (HANDICAPPED),
AGE: 43 YEARS
OCC: AGRICULTURE
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
Digitally signed
by SACHIN ...APPELLANT
Location: HIGH
COURT OF (BY SRI. HEMA L.K., ADVOCATE)
KARNATAKA
AND:
1. SMT. PADMINI BAI
W/O LATE SHANKAR RAO
AGE: 70 YEARS,
OCC: HOUSEHOLD,
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
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RFA NO. 200034 OF 2023
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RFA NO. 200116 OF 2023
2. VINOD
S/O LATE SHANKAR RAO
AGE: 50 YEARS,
OCC: AGRICULTURE
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
3. VEENA KUMARI
W/O BHUSHAN KAKADE
AGE: 46 YEARS,
OCC: HOUSEHOLD,
R/O H.NO19-3-243,
PRATAP NAGAR, NAUBAD,
BIDAR - 585 401.
4. SUBHANDRA BAI
W/O LATE RAMCHANDRA
(DIED ISSUELESS. MEMO TO THIS EFFECT IS FILED
AND ACCEPTED)
5. FAKIRCHAN
S/O SHIVALAL JADHAV
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
6. PARUBAI
D/O GHANTOJI JADHAV
W/O SHIVALAL
AGE: 70 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
...RESPONDENTS
(BY SRI. SHRAVANKUMAR MATH, ADVOCATE FOR R1 TO R3;
SMT. PATIL SHANTABAI, ADVOCATE FOR R5 AND R6;
R-4 DIED ISSUELESS)
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RFA NO. 200034 OF 2023
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RFA NO. 200116 OF 2023
THIS REGULAR FIRST APPEAL FILED UNDER SECTION
96 READ WITH ORDER XLI RULE 1 AND 2 OF THE CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 21ST JULY, 2022 PASSED IN ORIGINAL SUIT NO.51 OF
2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC.,
HUMANABAD, WHEREIN, THE SUIT WAS DECREED.
IN RFA NO.200116 OF 2023
BETWEEN:
VIJAYKUMAR
S/O LATE SHANKAR RAO
(HANDICAPPED),
AGE: 43 YEARS
OCC: AGRICULTURE
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
...APPELLANT
(BY SRI. HEMA L.K., ADVOCATE)
AND:
1. SMT. PADMINI BAI
W/O LATE SHANKAR RAO
AGE: 70 YEARS,
OCC: HOUSEHOLD
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
2. VINOD
S/O LATE SHANKAR RAO
AGE: 50 YEARS,
OCC: AGRICULTURE
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
3. VEENA KUMARI
W/O BHUSHAN KAKADE
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RFA NO. 200034 OF 2023
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RFA NO. 200116 OF 2023
AGE: 46 YEARS,
OCC: HOUSEHOLD,
R/O H.NO19-3-243,
PRATAP NAGAR, NAUBAD,
BIDAR - 585 401.
4. SUBHANDRA BAI
W/O LATE RAMCHANDRA
(DIED ISSUELESS. MEMO TO THIS EFFECT IS FILED
AND ACCEPTED)
5. FAKIRCHAN
S/O SHIVALAL JADHAV
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
6. PARUBAI
D/O GHANTOJI JADHAV
W/O SHIVALAL
AGE: 70 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O ALLURA VILLAGE,
HUMNABAD TALUK,
BIDAR DISTRICT - 585 401.
...RESPONDENTS
(BY SRI. SHRAVANKUMAR MATH, ADVOCATE FOR R1 TO R3;
SMT. PATIL SHANTABAI, ADVOCATE FOR R5 AND R6;
R-4 DIED ISSUELESS)
THIS REGULAR FIRST APPEAL FILED UNDER SECTION
96 READ WITH ORDER XLI RULE 1 AND 2 OF THE CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 21ST JULY, 2022 PASSED IN ORIGINAL SUIT NO. 51 OF
2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC.,
HUMANABAD, WHEREIN, THE COUNTER CLAIM OF
DEFENDANTS CAME TO BE ALLOWED.
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RFA NO. 200034 OF 2023
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RFA NO. 200116 OF 2023
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeal are filed by the plaintiff challenging the
judgment and decree dated 21st July, 2022 passed in
Original Suit No.51 of 2017 on the file of the Senior Civil
Judge and JMFC, Humnabad, decreeing the suit of the
plaintiff and the counter claim filed by the defendants,
holding that the plaintiff and defendants 1 to 3 are entitled
for one-third share, defendant No.4 is entitled for one-
third share and defendant No.6 is entitled for one-third
share. Defendant No.5 is the son of defendant No.6.
2. Parties have filed compromise petition seeking
compromise decree.
3. Parties are present before the Court and are
identified by respective learned counsels. Parties have
submitted that they are entering into a compromise
voluntarily without any undue influence and accordingly,
filed Memorandum of compromise.
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RFA NO. 200034 OF 2023
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RFA NO. 200116 OF 2023
4. It is submitted by the parties that they have
accepted the contents in the compromise petition.
Learned counsel appearing for the parties submitted that
the same be accepted.
5. In that view of the matter, these appeals are
liable to disposed of in terms of the Compromise Petition
filed by the parties. Accordingly, judgment and decree
dated 21st July, 2022 passed by the Senior Civil Judge and
JMFC., Humnabad in Original Suit No.51 of 2017 is
modified in terms of the share as stipulated in the
Compromise Petition.
6. Registry is directed to draw the decree in terms of
the Compromise Petition.
Sd/-
JUDGE
ARK
