Karnataka High Court
Smt. Sangamma vs Smt. Sangawwa And Ors on 4 July, 2024
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NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200304 OF 2017
(PAR & INJ)
BETWEEN:
SMT. SANGAMMA
W/O SHIVAPPA JEER,
AGE: 41 YEARS, OCC: H.H. WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPUR-586212.
...APPELLANT
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
1. SMT. SANGAWWA
Digitally signed
by SUMITRA W/O BHEEMAPPA HUGAR,
SHERIGAR AGE: 52 YEARS, OCC: H.H.WORK,
Location: HIGH
COURT OF R/O: TODALABAGI, TQ: JAMAKHANDI,
KARNATAKA
DIST: BAGALKOT-584201.
2. SMT. SHANTABAI
W/O NAGAPPA JEER,
AGE: 52 YEARS, OCC: H.H.WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
3. SMT. GEETA
W/O BHIMARAY HUGAR
AGE: 34 YEARS, OCC: H.H.WORK,
R/O: INGALAGERI, TQ MUDDEBHIHAL,
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NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
DIST: VIJAYAPURA-586212.
4. RAMESH
S/O NAGAPPA JEER
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
5. SMT. MADEVI
W/O SHIVAPUTRA JEER
AGE: 54 YEARS, OCC: H.H.WORK,
R/O: MIG NO.16, ANAND NAGAR,
RAJAPUR ROAD, GULBARGA-585101.
6. NEELAWWA
W/O RAMAPPA JEER
AGE: 76 YEARS, OCC: H.H.WORK,
R/O: TELAGI, TQ: BASAVAN BAGEWADI,
VIJAYAPURA-586212.
...RESPONDENTS
(BY SRIHARSHAVARDHAN R. MALIPATIL, ADV. FOR R1 TO R6)
THIS RSA IS FILED U/S 100 OF CPC, ALLOW THIS
APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED
09.08.2017, PASSED BY THE COURT OF SENIOR CIVIL JUDGE,
BASAVAN BAGEWADI, AT: BASAVAN BAGEWADI, IN R.A. NO.
09/2015 FILED BY THE RESPONDENTS HEREIN AND
CONSEQUENTIALLY CONFIRM THE JUDGMENT AND DECREE
DATED 06.02.2015 PASSED BY THE COURT OF CIVIL JUDGE
BASAVAN BAGEWADI, AT: BASAVAN BAGEWADI, IN O.S.
NO.409/2011 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:4603
RSA No. 200304 of 2017
JUDGMENT
Application under Section 151 of the Code of Civil
Procedure is filed by the respondents stating that the
respondents herein have amicably settled the dispute with the
vendee of the appellant herein, namely, Sri Basavaraj, S/o
Mallappa Gabasavalagi and the respondents herein are
withdrawing their suit/claim in respect of the suit land bearing
Sy. No.198 measuring 02 acres 17 guntas situated at Telagi
Village, Basavana Bagewadi Taluk and District Vijayapura. The
averments in the application is culled out as under:
"1) That in view of amicable settlement arrived out of
court between the Respondents herein and the
Vendee of the Appellant herein by name Sri.
Basavaraj S/o Mallappa Gabasavalagi, the
Respondents herein are withdrawing their suit / claim
in respect of one of the suit lands bearing Sy. No. Sy.
No. 198 measuring 2 acres 17 guntas, situated at
Telagi village, Basavana Bagewadi Taluka Dist.
Vijaypura.
2) That the Respondents have received a sum of
Rs.5,00,000/- in total, from the vendee of the
Appellant, Sri. Basavaraj S/o Mallappa Gabasavalagi
today vide DD bearing No. 785789 dated 04-07-2024
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in favour Sangawwa Hugar/Respondent No. 1 sum of
Rs. 2,50,000/- and vide DD bearing No. 785788
dated 04.07.2024 in favour of Mahadevi/Respondent
No.5 sum of Rs. 2,50,000/- of issued by SBI, High
Court branch, Kalaburagi, as full and final settlement
of their share / claim in the above said land after
deducting the share of the Appellant in the total
extent of suit lands.
3) That family of the Appellant and Respondents
herein were joint owners of total extent of 5 acres 11
guntas land situated at Telagi village,
Basavanabagewadi Taluka Dist. Vijaypura (1) Sy. No.
198 measuring 2 acres 17 guntas and (2) Sy. No.
123/Ka measuring 2 acres 34 guntas. The present
appellant has sold Sy. No. 198 measuring 2 acres 17
guntas during pendency of the proceedings vide
registered sale deed dated 20.04.2016 bearing
document no. 380 of Basavana Bagewadi Sub-
Registrar. The said alienation made by the Appellant
is in excess of her total entitlement (considering both
the lands) which work out to about 1 acre 13 guntas.
Hence after settling entire claim of Appellant in all
the suit properties, the Respondents herein together
would still be entitled for 1 acre 14 guntas in Sy. No.
198."
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2. The application states that in view of the
settlement arrived at between the respondents and vendee of
the appellant, respondents have given up their claim on the suit
land measuring 01 acre 14 guntas in Sy. No.198 and the suit of
the plaintiff in respect of the said land be dismissed as
withdrawn and the respondents seek to withdraw their claim
over the suit land bearing Sy. No.198 measuring 02 acres 17
guntas situated at Telagi Village, Basavana Bagewadi Taluka
and District Vijayapura. Along with the application, affidavit of
all the respondents has been filed stating that the terms of the
application filed to be true and correct and they withdrawing
their claim over the suit land bearing Sy. No.198 measuring 02
acres 17 guntas situated at Telagi Village, Basvana Bagewadi
Taluk and District Vijayapura in O.S. No.409/2011.
3. The respondents are present before the Court and
state that they arrived at an amicable settlement with the
vendee of the appellant and they are withdrawing the suit claim
in respect of the suit land bearing Sy. No.198. The respondent
Nos.1 and 5 received Demand Draft for a sum of Rs.2,50,000/-
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each. The same is acknowledged by respondent Nos.1 and 5,
who are present before the Court.
4. Learned counsel for the appellant on instructions
from the appellant files a memo dated 04.07.2024, which reads
as under:
"The Appellant herein submit as under:
The Appellant is claiming only in respect of land
bearing Sy. No. 198 measuring 2 acres 17 guntas
situated at Telagi village, Basavanabagewadi Taluka
Dist. Vijaypura, which is sold in favour of Sri.
Basavaraj S/o Mallappa Gabasavalagi, vide
registered sale deed dated 20.04.2016 bearing
document no. 380 of Basavana Bagewadi Sub-
Registrar, since the Appellant has sold property in
excess of her entitlement in the total extent of suit
properties, the Appellant does not have only claim
over the other Schedule property bearing Sy No.
123/Ka
Hence this memo."
5. Memo is taken on record.
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6. In light of the withdrawal of the claim by the
respondents-plaintiffs in respect of the suit item No.1, land
bearing Sy. No.198, measuring 2 acres 17 guntas situated at
Telagi Village Basvana Bagewadi, the judgment and decree of
the Courts below stand modified. Decree insofar as item No.1
bearing Sy. No.198 measuring 02 acres 17 guntas is set-aside
and the suit is dismissed in respect of item No.1.
Registry to draw decree accordingly.
Sd/-
JUDGE
MBM
