Karnataka High Court
Basavanagouda S/O Veeranagouda Adur vs Veeranagouda S/O Baramagouda on 9 January, 2024
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NC: 2024:KHC-D:486-DB
RFA No. 100193 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 100193 OF 2015 (DEC/INJ)
BETWEEN:
BASAVANAGOUDA S/O. VEERANAGOUDA ADUR
AGE ABOUT 44 YEARS,
OCC : PROGRAMMER ANALYST SENIOR
R/O : BYAHATTI, TALUK HUBBALLI,
DIST : DHARWAD.
NOW R/AT NO.4755, DENALI PARK DRIVE,
COOLERALLE TN-38017,
UNITED STATES OF AMERICA
REPRESENTED BY ITS GPA HOLDER
SRI. SUBASH MUTTAGI S/O. SHIVALINGAPPA
AGE : 68 YEARS,
R/O: AMARAVATH HOUSING COLONY,
B.BLOCK, # 68 HARIHAR, DIST : DAVANAGER.
Digitally signed ...APPELLANT
by
SHIVAKUMAR
HIREMATH
Date: (BY SRI. MAHESH WODEYAR, ADVOCATE)
2024.01.12
10:48:43 +0530
AND:
1. VEERANAGOUDA S/O. BARAMAGOUDA ADUR
SINCE DECEASED BY HIS LRS
1.(A) SHANKARGOUDA S/O. VEERANAGOUDA ADUR,
SINCE DECEASED BY HIS LRS,
1.A(I) RESHMA W/O. SHANKARGOUDA ADUR,
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O: BYAHATTI, TALUK HUBBALLI,
DISTRICT DHARWAD-580023.
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NC: 2024:KHC-D:486-DB
RFA No. 100193 of 2015
1.A(II) PRATIKSHA D/O. SHANKARGOUDA ADUR,
AGE: 12 YEARS, OCC:
R/O: BYAHATTI, TALUK: HUBBALLI,
DISTRICT: DHARWAD.
1.A(III) VIKAS S/O. SHANKARGOUDA ADUR,
AGE: 07 YEARS,
R/O: BYAHATTI, TALUK: HUBBALLI,
DISTRICT: DHARWAD.
1A(II) AND 1A(III) ARE MINORS REPRESENTED BY
THEIR NATURAL GUARDIAN MOTHER RESPONDENT
NO.1A(I)
1.(B) PRAKASH S/O. VEERANAGOUDA ADUR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: BYAHATTI, TALUK: HUBBALLI,
DISTRICT: DHARWAD-580023.
2. BARAMAGOUDA S/O. VEERANAGOUDA ADUR,
AGED ABOUT: 42 YEARS, OCC : NIL,
R/O : BYAHATTI TQ : HUBBALLI,
DIST : DHARWAD.
...RESPONDENTS
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE FOR R1 (A) (I)
AND R2;
R1(A) (II) AND R1 (A) (III) ARE MINOR R/B R1(A)1)
THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96
OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 06.08.2015 PASSED BY THE
LEARNED III ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI
IN.O.S.NO. 111/2012 AND CONSEQUENTLY DECREE THE SUIT
ARE PRAYED FOR PASS SUCH OTHER RELIEFS AS THIS COURT
MAY DEEMS FIT UNDER THE CIRCUMSTANCE OF THE CASE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
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RFA No. 100193 of 2015
JUDGMENT
Sri.Rajashekhar B. Hali, learned counsel has filed
vakalata for respondent No.2.
2. Submission is placed record.
3. Respondent No.1(A)(i), respondent No.1(b)
and respondent No.2 are personally present before this
Court and they are identified by their counsel and they
filed compromise petition. The compromise petition was
red out and explained to them in the Kannada language
known to them. The terms and conditions of the
compromise are as under:
i)... All the Respondents have agreed that the
Appellant /Plaintiff Basanagouda S/o.
Veeranagouda Adoor is entitle to take half
share in Schedule "A" property bearing R.S
No.205/ 6B totally measuring 29 acres 00
gunta situated at Byahatti village, Tq: Hubball
and District Dharwad out of that he is entitled
to 14 Acres 20 Guntas and remaining half share
l;e 14 Acre- 20 Guntas all the Respondents i.e.
Shankargouda S/o. Veeranagouda Adur (now
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deceased) his LRs respondent No. 1(a) (i) to
1(a)(iii) and Prakashgouda S/o. Veeranagouda
Adur respondent 1 (b) and respondent No.2
Bharamagouda, S/o. Veeranagouda Adur, shall
divide equally among themselves i;e
respondent No. 1(a) (i) to 1(a)(iii) are entitle 4
acre 33 guntas, & Prakashgouda S/o.
Veeranagouda Adur respondent 1 (b) is entitle
4 acre 33 gunta and respondent No.2
Baramagouda, S/o Veeranagouda Adur is
entitle 4 acre 33 in schedule A property in
respect of their claim and they have also
agreed and admit that, the Appellant is the
absolute owner in respect of the remaining 14
acre 20 guntas in Schedule A suit property, and
further admit that, the respondents have no
right, title and interest over the 14 acre 20
gunta in suit schedule "A" property in
whatsoever manner and further they will not
claim any right over the suit property in future.
The separate hand sketch map is produced
along with this Petition and the same may be
treated as part and parcel of the compromise.
ii)... The Respondents further agreed that, in
respect of schedule "B" and "C" properties
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consisting 08 plots as described in the schedule
above which are purchased and standing in the
name of respondent No.2 Bharamagouda, S/o
Veeranagouda Adur, has agreed to give 03
plots to the appellant Basanagouda S/o
Veeranagouda Adoor i.e. Plot No. 13,15 & 16,
which are situated at Byahatti Village, Taluk
Hubbali Dist Dharwad.
iii)... It is further agreed that, the Respondents
have no objection to set aside the judgment &
decree dated 6.08.2015 passed by the Learned
III Additional Senior Civil Judge, Hubballi in
Iv)... All the Respondents have agreed and
admit the terms and conditions stipulated in the
compromise petition and affixed their signature
in the compromise and further agreed and
admit that Appellant is the absolute owner to
the extent of the 14 acre 20 guntas in schedule
"A" suit property and further Respondents
agreed and admit that appellant is the absolute
Respondents further undertakes that, they will
not claim any right over the properties allotted
to the share of the appellant in any manner.
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v) Respondents 1(a)(1) to 1(a)(iii) and
Respondent No.1B agree and admit that
Respondent No.2 Is the absolute owner of the
Plots bearing No. 14,39, 40, 53 & 54. which are
situated at Byahatti Village, Taluk Hubbali Dist
Dharwad And further they will not claim any
rights over the said plots.
Vi) Further Respondents 1(a)(i) states that this
compromise entered on behalf of the minors to
protect their interests and also this compromise
is also benefited to the minors Respondent
No.1(a)(ii) to(iii). This compromise will not
adversely affect to the minors interest.
vil)...The terms and conditions of the
compromise have been explained to the parties
and its consequences in their language known
to them and both the parties have voluntarily
accepted the terms and conditions of the
compromise and affixed their signature without
any influence, coercion and force.
Viii) All the parties have no objection to enter
their names in the ROR as per their respective
shares in the compromise petition.
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4. The said certificate is placed on record.
Sd/-
JUDGE
Sd/-
JUDGE
AC
