Karnataka High Court
Shri Shashikant Dhondiram Relekar vs Shri Dattu Laxman Mane on 3 July, 2024
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NC: 2024:KHC-D:9091
RSA No. 651 of 2008
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 651 OF 2008 (INJ-)
BETWEEN:
1. SHRI SHASHIKANT DHONDIRAM RELEKAR
AGE: 52 YEARS, OCC: BUSINESS,
R/O NEHRU ROAD,
SANKESHWAR-591313,
TALUK: HUKERI, DIST: BELGAUM
SINCE DECEASED BY LRS APPELLANT NO.2
2. SHRI BABURAO DHONDIRAM RELEKAR,
AGE: 51 YEARS, OCC: RIKSHA DRIVER,
R/O NEHRU ROAD,
SANKESHWAR-591313,
TALUK: HUKERI, DIST: BELGAUM.
3. SHRI MADHUKAR DHONDIRAM RELEKAR
SINCE DECEASED BY LRS
Digitally signed
by SAROJA 3(A) SULOCHANA W/O MADHUKAR RELEKAR
HANGARAKI AGE: 60 YEARS, OCC: HOUSEHOLD,
Location: HIGH R/O CHOPADARGALLI, SANKESHWAR,
COURT OF TQ: HUKKERI, DIST: BELGAVI.
KARNATAKA
DHARWAD 3(B) SAVITA W/O VIKAS KOLEKAR,
BENCH AGE: 40 YEARS, OCC: HOUSEHOLD,
DHARWAD R/O H.NO.3549, UMAJI NAGAR PETH,
TQ. VALVA, DIST. SANGLI,
3(C) POOJA @ JAYASHREE
W/O NIJANAND VAVAL,
AGE: 36 YEARS,
OCC: HOUSEHOLD,
R/O 872 SAJJANA GALLI,
TQ: ATHANI, DIST. BELGAVI.
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NC: 2024:KHC-D:9091
RSA No. 651 of 2008
1(D) NEETA W/O PRASAD BONGALE,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O KHUPARE NAGAR LANE NO.9,
PATTANKADOLI,
TQ. HATKANAGALI,
DIST: KOLHAPUR.
...APPELLANTS
(BY SRI B.S.KAMATE, ADVOCATE FOR A3(A) TO D)
V/O DATED 25.05.2023,
A1 DECEASED HIS LRS IS ALREADY ON RECORD AS A2
AND:
1. SHRI DATTU LAXMAN MANE
SINCE DECEASED BY HIS LRS
1A) SMT. SHANTA W/O DATTU MANE,
AGE: 65 YEARS,
OCC: HOUSEHOLD WORK,
R/O NADI GALLI,
SANKESHWAR-591313,
TALUK: HUKERI, DIST: BELGAUM.
1B) SHRI VILAS DATTU MANE,
AGE: 45 YEARS, OCC: SERVICE,
R/O NADI GALLI,
SANKESHWAR-591313.
TALUK: HUKERI,
DIST: BELGAUM.
1C) SHRI RAVINDAR DATTU MANE,
AGE: 40 YEARS, OCC: SERVICE,
R/O NADI GALLI,
SANKESHWAR-591313.
TALUK: HUKERI,
DIST: BELGAUM.
1D) SHRI RAMESH DATTU MANE,
AGE: 38 YEARS,
OCC: BARBER,
R/O NADI GALLI,
SANKESHWAR-591313.
TALUK: HUKERI,
DIST: BELGAUM.
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NC: 2024:KHC-D:9091
RSA No. 651 of 2008
1E) SHRI VINAYAK DATTU MANE,
AGE: 36 YEARS,
OCC: BUSINESS,
R/O NADI GALLI,
SANKESHWAR-591313.
TALUK: HUKERI,
DIST: BELGAUM.
1F) SHRI RAJU DATTU MANE,
AGE: 34 YEARS,
OCC: BUSINESS,
R/O NADI GALLI,
SANKESHWAR-591313
TALUK: HUKERI,
DIST: BELGAUM.
1G) SUSHILA D/O DATTU MANE,
AGE: 32 YEARS,
OCC: HOUSEHOLD WORK,
R/O NADI GALLI,
SANKESHWAR-591313.
TALUK: HUKERI,
DIST: BELGAUM.
1H) RANJANA D/O DATTU MANE,
AGE: 30 YEARS,
OCC: HOUSEHOLD WORK,
R/O NADI GALLI,
SANKESHWAR-591313.
...RESPONDENTS
(BY SRI PRASHANT MATHAPATI, ADVOCATE FOR R1(B,C,D,E,G & H)
R1D IS GPA HOLDER FOR R1(B,C & F)
THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 11.12.2007 PASSED BY THE
CIVIL JUDGE (SR.DN.) HUKERI IN R.A.NO.152/1997 PASSED BY THE
PRINCIPAL MUNSIFF, HUKERI IN O.S.NO.36/2004 (OLD
NO.108/1991) BY ALLOWING THIS R.S.A. WITH COSTS IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9091
RSA No. 651 of 2008
JUDGMENT
Learned counsel for the appellants and learned counsel for
the respondents have filed a compromise petition under Order
23 Rule 3 of the Code of Civil Procedure, 19081, placing on
record the terms and conditions in which the parties have
settled the matter which is as under:
i. That the appellants above named filed present
regular second appeal against the judgment and
decree dtd:11-12-2007 passed by the learned Civil
Judge (Sr DN) Hukkeri in RA No.152 of 1997
confirming the judgment and decree dtd:26-11-
1996 passed by the learned principal Munsif,
Hukkeri in OS No.36 of 2004 (Old No.108 of 1991).
ii. The suit schedule property is the shop property
bearing TMC No.1217 situated at Nehru road,
Sankeshwar Tq:Hukkeri bounded by
East by : Public Road
West by : Remaining Portion of the Suit premises
North by: Cloth shop of (1) Vittal Appaji Mane and
South by: Entrance passage of the said premises of
the Appellants and side by that stationery shop of
sugandi.
iii. The respondents hereby acknowledge that the Suit
property is the absolute ownership of Appellants
and they are in possession of the suit property as
Hereinafter referred to as 'CPC'
NC: 2024:KHC-D:9091
owners. The Respondents have no any kind of right
title or interest over the suit property.
iv. That in view of the damage claimed by the
Respondents it is agreed in terms of the settlement
between Appellants and Respondents 1 b to 1 h
that Appellant has paid a sum of Rupees seven
lakhs (7,00,000/-) to all the Respondents (one lakh
each) in the court today. The Respondent herein
acknowledge the receipt of sum of Rupees seven
lakhs (7,00,000/-) in cash from the Appellants.
v. The Respondents herein state and acknowledge
that the suit property is to be enjoyed by the
Appellants as owners.
vi. The above contents of this compromise petition are
read over and explained in the language known to
the Appellants and Respondents and the same is
accepted by them.
For the reasons stated above it is humbly prayed
that the above RSA may kindly be disposed of in
terms of the above application compromise decree
be drawn accordingly in the interest of justice and
equity.
2) The appellant No.2 and respondents No.1(b) to 1(h)
are present. They are identified by their respective counsels.
Attested copies of the Aadhar card of the parties are annexed
along with the compromise petition. In terms of the
compromise agreed to between them, the appellant No.2 has
NC: 2024:KHC-D:9091
paid a sum of ₹1,00,000/- each to the respondents No.1(b) to
1(h) by cash and the said respondents acknowledge receipt of
the said amount.
3) The appellant No.2 has filed a memo that the said
total sum of ₹7,00,000/- has been paid by him to the
respondents No.1(b) to 1(h) and for the said purpose the
amount of ₹7,00,000/- was arranged through one of his well-
wishers which was withdrawn from HDGC Bank account bearing
No.50200028723321 of Sankeshwar Branch.
4) The parties admit the terms and conditions agreed to
between them.
5) Hence, the above appeal is disposed off in terms of
the compromise as noticed above.
6) Modified decree to be drawn accordingly.
Sd/-
JUDGE
PMP
