Goutam S/O Pratap Kaveri vs Pratap And Ors
2024 Latest Caselaw 18330 Kant

Karnataka High Court

Goutam S/O Pratap Kaveri vs Pratap And Ors on 24 July, 2024

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                                                        NC: 2024:KHC-K:5279-DB
                                                        RFA No.200024 of 2022




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                              DATED THIS THE 24TH DAY OF JULY, 2024

                                             PRESENT

                             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                                AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                      REGULAR FIRST APPEAL NO.200024 OF 2022 (PAR/DEC)

                      BETWEEN:

                      GOUTAM
                      S/O PRATAP KAVERI,
                      AGE: 51 YEARS,
                      OCC: AGRICULTURE AND PRIVATE WORK,
                      R/O H.NO.130/B,
                      (BEHIND DISTRICT COURT)
                      DR. MALAK REDDY HOSPITAL,
                      KALABURAGI,
                      DIST: KALABURAGI - 585 102.
                                                                   ...APPELLANT
Digitally signed by
BASALINGAPPA
SHIVARAJ              (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
DHUTTARGAON
Location: HIGH
COURT OF              AND:
KARNATAKA

                      1.   PRATAP
                           S/O RAMACHANDRA KAVERI,
                           AGE: 74 YEARS,
                           OCC: NIL,
                           R/O H.NO.130/B, BEHIND DISTRICT COURT
                           BESIDE DR. MALAKREDDY HOSPITAL
                           ANAND NAGAR, KALABURAGI
                           DIST: KALABURAGI - 585 102.

                      2.   SMT. VIMALABAI
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                                   NC: 2024:KHC-K:5279-DB
                                   RFA No.200024 of 2022




     W/O PRATAP KAVERI,
     AGE: 72 YEARS,
     OCC: NIL,
     R/O H.NO.130/B, BEHIND DISTRICT COURT
     BESIDE DR. MALAKREDDY HOSPITAL
     ANAND NAGAR, KALABURAGI
     DIST: KALABURAGI - 585 102.

3.   AMIT
     S/O PRATAP KAVERI,
     AGE: 46 YEARS,
     OCC: NIL,
     OCC: NIL,
     R/O H.NO.130/B, BEHIND DISTRICT COURT
     BESIDE DR. MALAKREDDY HOSPITAL
     ANAND NAGAR, KALABURAGI
     DIST: KALABURAGI - 585 102.

4.   KANAKAPPA
     S/O RANOJAPPA NASIKAR,
     AGE: 45 YEARS,
     OCC: GOVT SERVANT,
     R/O JAMAGA (B) POST ASTAGA VILLAGE,
     TQ AND DIST: KALABURAGI - 585 103.

5.   GURULINGAPPA
     S/O SUBHASH MANTHALE,
     AGE: 54 YEARS,
     OCC: PROFESSOR,
     R/O VIDHYA NAGAR,
     SEDAM ROAD,
     KALABURAGI,
     DIST: KALABURAGI - 585 105.

                                           ...RESPONDENTS

(BY SRI VINAYAK APTE, ADVOCATE FOR R1 TO R3;
V/O DTD.24.07.2024 APPEAL AGAINST R1, R2, R4 AND R5 ARE
DISMISSED)

    THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
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                                              NC: 2024:KHC-K:5279-DB
                                             RFA No.200024 of 2022




DECREE DATED 30.08.2021 PASSED BY THE LEARNED I
ADDITIONAL SENIOR CIVIL JUDGE KALABURAGI IN O.S.
NO.158/2017 AND CONSEQUENTLY BE PLEASED TO ALLOW
THE SUIT FILED BY THE PLAINTIFF, IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS REGULAR FIST APPEAL COMING ON FOR ORDERS,
THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:     THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
            AND
           THE HON'BLE MR. JUSTICE RAJESH RAI K

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

The appellant and respondent No.3 are present

before the Court and they are identified by their respective

counsel.

2. The parties have jointly filed compromise

petition which reads as under:

PETITOIN U/O 23 RULE 3 OF CPC FOR COMPROMISE

The parties to the appeal with the intervention of the well wishers have amicably settled their dispute in respect of suit schedule property on the following terms and conditions;

1) The plaintiff / appellant Goutam admits that there is a lis pending pertaining to item No: 1 of suit schedule property bearing Sy. No:103 measuring 23 acre 8 guntas of Aland in O.S. No:98/2010 (Old), O.S. No:40/2017 (New) on the file of Senior Civil Judge Aland and whatever share

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will be allotted to the defendant No;1 Pratap Ramchandra Kaveri, the same will be equally shared by the plaintiff Goutam and defendant No;3 i.e,. Amit at the ration of 50% each.

2) The plaintiff / appellant further admits that item No: 2 of the suit property bearing corporation No:1-

30/B, B1, B2 constructed on plot No:44 was the self acquired property of the defendant No:2 Vimalabai W/o Pratap Kaveri and now it is absolutely owned and possessed by the defendant No;3 Amit in pursuance with the registered gift deed dated 27.2.2017 bearing Doc.No:14597/2016-17 executed by defendant No:2 in favour of defendant No:3 and the same is mutated in his name.

That as amicably agreed between the parties to give an end to the litigation, it is agreed that the said item No: 2 of the suit schedule property bearing Corporation No: 1-30/B, B1 and B2 situated at behind District Court, Anand Nagar, Kalaburagi to be sold to the prospective purchaser and out of the consideration amount derived from it, a sum of Rs. 50,00,000/- to be jointly paid to the defendant No:

1 and 2 namely Pratap and Smt. Vimalabai towards their maintenance and out of the remaining amount the sum of Rs. 15,00,000/- to be paid by the defendant No; 3 Amit to the plaintiff Goutam and under receipt, the balance amount is to be retained by the defendant No: 3 Amit for his family and legal necessities and for which the plaintiff / appellant has no objections.

It is further agreed between the parties that in pursuance with the terms and conditions of the said compromise, the defendant No: 3 Amit is entitled to convey the said item No: 2 property to the prospective purchaser and the plaintiff has agreed to sign the registered sale deed as consenting witnesses by receiving the sum of Rs. 15,00,000/-.

3) The plaintiff / appellant further admits that item No: 3 of the suit property bearing corporation No:

1-1499/B/211 of CIB Colony Kalaburagi was owned and possessed by the defendant No: 1 and it was his self acquired property and lateron for family and legal necessities he has sold the same in favour of defendant No: 4 Kanakappa Nasikar under registered sale deed dated 3.10.2016 bearing Doc.

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No: 9146/2016-17 and now he is the absolute owner and possessor thereof.

4) The plaintiff / appellant further admits that item No: 4 of the suit property bearing corporation No:

2-907/81/1 and 82/4/71 which is an open site bearing No: 71 measuring 60x90ft with CTS No: 363, Block No: VI, Sheet NO; 218 situated in Sy. No: 80/1 and 82/4 of Badepur Extension Kalaburagi was owned and possessed by the maternal uncle of the plaintiff and defendant No: 3 namely Mohan Appasaheb Patil, who purchased the same under registered sale deed dated 19.7.1988 bearing Doc. No:1566/1988-89 and lateron constructed residential house over it at his own costs. Thereafter he has gifted the above said property in favour of his sister defendant No; 2 Vimalabai under registered gift deed datd 9.12.2010 bearing Doc. No: 9593/2010-11 and as such she became the owner and possessor thereof. Now the above said item No: 4 of the property is owned and possessed by the defendant No; 3 Amit under a registered gift deed dated 27.1.2012 bearing Doc. No; 12252/2011-12 executed by the defendant No: 2 in his favour and his name is entered in the concerned corporation and City Survey records and as such the plaintiff has no right, title and interest in the above said property and the other suit schedule properties except the item No: 1 of the property i.e,. land bearing Sy. No; 103 of Aland.

5) The plaintiff / appellant admits that the plot bearing No: 46 measuring 2790 sqft., situated in Sy. No; 16/2-3 of Rajapur village Kalaburagi was allotted in the name of defendant No; 1 by the State Housing Cooperative Society vide allotment letter dated 5.12.1998 and the registered sale deed dated 23.2.2001 bearing Doc. No: 6526/2000-01. Thereafter the defendant No: 1 being the owner and possessor of it has sold the same in favour of defendant No; 5 under a registered sale deed dated 17.8.2016 bearing Doc. No: 6738/2016-17 and as such the defendant No; 5 is the absolute owner and possessor thereof.

6) That in terms of the above said amicable settlement the appeal against the respondents No:

1, 2, 4 and 5 be dismissed as withdrawn.

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7) The parties place on record and declare that the contents of this compromise petition are true and correct to the best of their knowledge, belief and information and they have signed the same after going through the contents of it as true and correct.

8) The parties to bear their own costs.

3. The contents of the compromise petition was

read over and explained to them in the language known to

them. They have accepted the terms and conditions of the

compromise petition and pray to dispose of the appeal in

terms of the compromise petition. The compromise

petition is placed on record.

4. In view of the same, the appeal is disposed of

in terms of the compromise.

5. Draw decree in terms of the compromise.

6. Office is directed to refund the entire Court fee

to the appellant in view of the law laid down by the

Hon'ble Supreme Court in the case of High Court of

Judicature at Madras Rep. By its Registrar General

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vs. M.C.Subramaniam and Others reported in AIR

2021 SC 2662.

Sd/-

JUDGE

Sd/-

JUDGE

SKS