Erappa S/O Sannahanumappa Talawar vs Smt.Hanumavva W/O Honnappa ...
2024 Latest Caselaw 1078 Kant

Citation : 2024 Latest Caselaw 1078 Kant
Judgement Date : 11 January, 2024

Karnataka High Court

Erappa S/O Sannahanumappa Talawar vs Smt.Hanumavva W/O Honnappa ... on 11 January, 2024

                                           -1-
                                                     NC: 2024:KHC-D:688
                                                     RSA No. 100225 of 2019




               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 11TH DAY OF JANUARY, 2024

                                         BEFORE

                          THE HON'BLE MR JUSTICE R.NATARAJ

               REGULAR SECOND APPEAL NO.100225/2019(DEC/INJ)

            BETWEEN:

            ERAPPA S/O. SANNAHANUMAPPA TALAWAR,
            AGE: 43 YEARS, OCC: COOLIE,
            R/O: BANNIHALLI, TQ: BYADGI,
            DIST: HAVERI, PIN - 581 106.
                                                                -    APPELLANT
            (BY SRI NAGARAJ APPANNANAVAR, ADVOCATE)

            AND:

            SMT. HANUMAVVA
            W/O. HONNAPPA SANJEEVANNANAVAR,
            AGE : 56 YEARS, OCC.: HOUSEHOLD WORK,
            R/O: BANNIHALLI, TQ: BYADGI,
            DIST: HAVERI, PIN - 581 106.
                                                            -       RESPONDENT
            (BY SMT. RAJASHREE KUSUMAKAR, ADVOCATE)

                    THIS REGULAR SECOND APPEAL IS FILED U/SEC.100 OF CPC,
Digitally
signed by   AGAINST THE JUDGEMENT & DECREE DATED 17.12.2018 PASSED IN
VINAYAKA
BV
            R.A. NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
            JUDICIAL MAGISTRATE FIRST CLASS, BYADAGI, ALLOWING THE
            APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
            07.12.2016, PASSED IN O.S. NO.163/2012 ON THE FILE OF THE
            CIVIL    JUDGE,   BYADAGI,   DECREEING    THE   SUIT     FILED   FOR
            DECLARATION AND PERMANENT INJUNCTION & ETC.


                    THIS REGULAR SECOND APPEAL, COMING ON FOR FINAL
            HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                   -2-
                                           NC: 2024:KHC-D:688
                                           RSA No. 100225 of 2019




                              JUDGMENT

The suit in O.S. No. 163/2012 from which the present

appeal arises was filed for declaration and perpetual injunction

in respect of a house property which belonged to the plaintiff.

The said suit after contest was decreed. An appeal filed by the

defendant in R.A. No. 1/2017 was dismissed and was set aside

and the suit filed by the plaintiff was dismissed. Against the

aforesaid divergent finding, the plaintiff has filed this regular

second appeal.

2. When this appeal was listed for final hearing, the parties

have filed a compromise petition under Order 23 Rule 3 CPC

which reads as under:

"III. It is submitted that, with the intervention of the elders of the village, with an intention to put an end to the litigation, the appellant and respondent amicably settled the issue and entered in to compromise. The terms of the compromise as under;

a) That, the respondent herein agreed to declare and grant permanent injunction in favor of the appellant in respect of property bearing VPC No: 5A as shown in the suit schedule-A property, as described A,B,C,D,E,G roof-tiled house and open space, situated at Bannihalli village of Byadgi taluk, Haveri district, bounded by:

East : Property of Doddabasappa Talwar West : Road & VPC No: 5B

NC: 2024:KHC-D:688

North : Road & VPC No: 5B South : Property of Erappa Talawar.

b) That, the respondent herein agreed to receive Rs.1,30,000/-(One Lakh thirty thousand rupees only) as full and final settlement and she will not claim in future, any right, title and interest over the property bearing VPC No: 5B as shown in the suit schedule-B property, as described A,G,E,F residential house (roof-tiled house) and open space situated at Bannihalli village of Byadgi taluk Haveri district, bounded by:

East : Appellant's property bearing VPC No: 5A West : Appellant's property bearing VPC No: 5A North : Road South : Appellant's property bearing VPC No:5A.

c) That, the respondent herein agreed that, respondent has already received the entire amount of Rs.1,30,000/- (one Lakh thirty thousand rupees only) from the appellant in the presence of the elders of the village and further agreed to execute registered sale deed in respect of property bearing VPC No: 5B as shown in the suit schedule-B property as described A,G,E,F.

d) That, the appellant already paid the entire agreed amount of Rs.1,30,000/- (One Lakh thirty thousand rupees only) to the respondent in presence of the elders of the village.

e) That, the respondent herein agreed that, appellant shall continue to be in possession and enjoyment of the suit schedule-A and B properties I.e., VPC No: 5A and VPC No: 5B situated at Bannihalli village of Byadgi taluk, Haveri district."

NC: 2024:KHC-D:688

3. The parties are present and are identified by their counsel

and they agreed and admit the terms of compromise. The

respondent acknowledges receipt of a sum of Rs.1,30,000/-

from the appellant.

4. In that view of the matter, the impugned judgment and

decree passed by the first appellate court in R.A. No. 1/2017 is

set aside and the appeal stands disposed off in terms of the

compromise.

5. The parties and their respective counsel have affixed their

signature to the order sheet of this court as acknowledgement

of acceptance of the terms of compromise.