Karnataka High Court
Kashibai W/O Gurayya Math And Ors vs Gangawwa W/O Sharanayya Hiremth And Ors on 5 June, 2024
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RFA No. 200012 of 2014
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
R. F.A NO. 200012 OF 2014 (PAR/POS)
BETWEEN:
1. KASHIBAI
W/O GURAYYA MATH,
AGE: 42 YEARS,
OCC: HOUSEHOLD.
2. GURUBAI
D/O GURAYYA MATH
AGE: 21 YEARS,
OCC: HOUSEHOLD.
Digitally signed 3. MAHADEVI
by VARSHA N
RASALKAR D/O GURAYYA MATH
Location: HIGH AGE: 17 YEARS,
COURT OF
KARNATAKA OCC : STUDENT
REP.BY HER MOTHER THE APPELLANT NO.1
4. BAGHESH
S/O GURAYYA MATH
AGE: 15 YEARS, SINCE MINOR,
REP.BY HIS MOTHER THE APPELLANT NO.1
5. SIDARAMAYYA
S/O GURAYYA MATH
AGE: 13 YEARS,SINCE MINOR,
REP.BY HIS MOTHER THE APPELLANT NO.1
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RFA No. 200012 of 2014
ALL R/O PLOT NO.72,
BHAIRAV NAGAR,
BIJAPUR - 586101.
...APPELLANTS
(BY SRI. RAVI B. PATIL, ADVT. FOR A1 AND A3 TO A5;
SRI. S.S MAMADAPUR FOR A2)
AND:
1. GANGAWWA
W/O SHARANAYYA HIREMTH
AGE: 87 YEARS
OCC : HOUSEHOLD,
R/O:SIDDESHWAR NAGAR, SAI NAGAR ROAD,
UNKAL CROSS, HUBLI-31, DIST:DHARWAD
2. SHASHIKALA
W/O VILAS HIREMATH,
AGE: 44 YEARS,
OCC: HOUSEHOLD,
R/O: KASAGERI ONI,
MANNUR COLONY,
DISTRICT: BIJAPUR - 586 101.
3. GEETA
W/O GURAYYA MATH,
AGE: 42 YEARS,
OCC: HOUSEHOLD,
R/O: GACHCHINKATTI COLONY,
DISTRICT: BIJAPUR - 586 101.
4. DANAMMA
W/O PARASHURAM TALAWAR,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O: GACHCHINKATTI COLONY,
DISTRICT: BIJAPUR - 586 101.
5. VIJAYALAXMI
W/O SOMANATH HIREMATH,
AGE: 35 YEARS,
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RFA No. 200012 of 2014
OCC: HOUSEHOLD,
R/O: AKKI COLONY, ASHRAM ROAD
DISTRICT: BIJAPUR - 586 101 .
6. ANNAPURNA
W/O MRUTUNJAYA HIREMATH
AGE: 33 YEARS,
OCC: HOUSEHOLD,
R/O: MASUTI, TQ:B.BAGEWADI,
DISTRICT: BIJAPUR - 586 101.
7. SAVITA
W/O VISHWANATH KUGALIMATH,
AGE: 31 YEARS,
OCC: HOUSEHOLD,
R/O: NEAR BUS STAND,MUDHOL
DISTRICT: BAGALKOT-586 101.
8. KAMALABAI
W/O GURAYYA MATH
AGE: 52 YEARS,
OCC: HOUSEHOLD,
R/O: C/O: MADIWALESHWAR MATH, KALKER,
TQ:SINDAGI,
DISTRICT: BIJAPUR-586 101.
...RESPONDENTS
(BY SRI. GANESH S. KALBURAGI, ADVOCATE FOR R2 TO R7;
APPEAL AGAINST R1 IS ABATED;
R2 AND R4 ARE TREATED AS LR's OF DECEASED,
APPEAL AGAINST R8 DISMISSED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO SET-ASIDE THE IMPUGNED JUDGMENT AND DECREE
20.12.2013 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AT
BIJAPUR, IN O.S. NO.133 OF 2012 AND ALLOW THIS APPEAL,
BE PLEASED TO GRANT SUCH OTHER RELIEFS.
THIS APPEAL, COMING ON FOR HEARING-
INTERLOCUTORY APPLN, THIS DAY ASHOK S. KINAGI J.,
DELIVERED THE FOLLOWING:
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RFA No. 200012 of 2014
JUDGMENT
The appellants and respondents are present, they are
identified by their respective counsel. The appellants and
respondents have filed compromise petition. The
compromise petition reads as under:
Compromise Petition under Order 23 Rule 3 of CPC
Herein the above matter the parties to the
proceeding submit as under:
1. That, due to the intervention of the respected
persons and well wishers, the parties to this
proceedings have settled their dispute and
entered into compromise as under;
2. That, the deceased respondents had preferred
suit in O.S No No.133/2012 seeking for the relief
of partition and separate possession in respect of
the suit properties bearing CTS No.81 measuring
45.5 square meters and CTS No.82 measuring
27.59 square meters both situated abutting to
each other in Ward No.3 of Vijayapur City
wherein the deceased Gurayya had constructed a
commercial complex consisting of Shop No.1, 2,
3 and 4 together with house at second floor
which is the item No.1 of suit schedule property.
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3. That, the present appeal is challenging the
Judgment and decree in so far granting share to
the respondents in respect of suit schedule A
property. Since, the deceased Gurayya had left
behind the appellants being the third wife and
children and the respondent No.1 being the elder
sister died leaving Will in favour of respondent
No.2 and 4 to succeed her share.
4. That, in view of the intervention of well
wishers and family friends the appellants and
respondents have resolved to settle their dispute
amicably by dividing the suit schedule A property
together with a construction thereon in the
following manner as per the appended sketch
map.
a) The appellants are entitle for shop No.1
situated towards the North-East corner of
the property measuring North-South: 19'
11" feet, East-West 12' 9" feet on the
ground floor and shop No.3 at the first floor
above the shop No.1 with the same
dimension. The appellants are also entitle
for usage of common staircase in between
shop No.1, 2, 3 and 4 for access to the first
floor. The appellant is also entitled for 4/10
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undivided share in the plot totally
measuring 44'.3" feet x 12'.9" feet in the
open site.
b) The respondents together shall take
shop No.2 on the ground floor measuring
East-West 12'.9" feet and North-South
18'.5" feet towards South-East portion of
the property and shop No.4 of similar
dimension on the first floor and the
respondents are also entitled for exclusive
right in respect of the house situated on the
second floor. The respondents together are
entitled for 6/10th undivided share in
respect of open site.
5. The appellants and respondents hereby
undertake not to make any major structural
changes to the existing building without mutual
consent of each other. The respondents further
undertakes not erect further construction over
and above the second floor of the building and
both the parties shall cooperate each other for
carrying out necessary repair works if any
required.
6. The respondents hereby undertake to hand
over the physical possession in respect of shop
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No.1 and 3 to the appellants on or before
01.07.2024 failing which the appellants shall be
entitled to enforce the present compromise
decree.
7. The respective parties shall be responsible to
pay their respective charges, electric charges,
water charges, property taxes by securing the
transfer of the entries in the municipal records
with mutual consent in terms of present
compromise petition.
8. The parties agree not to disturb access of use
and enjoyment of the property in respect of their
respective shares allotted herein.
9. The parties to the appeal have joined their
hands to settle all the disputes by their own
consent and have understood the terms of the
present compromise and have put their
signatures voluntarily without any coercion from
whomsoever.
10. That the contents of the present compromise
are read over and explained in Kannada
language through our respective advocates and
the same is prepared as per our instructions and
the same are true and correct.
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11. Since respondent No.8-Kamalabai's
whereabouts are not known, the appellants and
respondents undertake to settle her claim, if
any, mutually.
2. The contents of the compromise was read over
and explained to them in Kannada language known to
them. The appellants and respondents have accepted the
terms and conditions of the compromise petition. The
compromise petition is taken on record. Accordingly, the
appeal is disposed of in terms of the compromise.
Draw decree in terms of the compromise.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
