Karnataka High Court
Sri.Nagesh vs Smt.Akkamma on 1 March, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 100521 OF 2016 (SP)
C/W
REGULAR SECOND APPEAL NO. 100522 OF 2016
REGULAR SECOND APPEAL NO. 100523 OF 2016
IN RSA NO.100521/2016
BETWEEN:
1. SRI.NAGESH S/O GANGAPPA KALE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
2. SRI.HANUMANTH GANGAPPA KALE,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
3. MARUTI GANGAPPA KALE,
Digitally signed by AGE: 46 YEARS, OCC: AGRICULTURE,
SUJATA R/O: MRUTYUNJAYA NAGAR,
SUBHASH
PAMMAR SAVADATTI ROAD, DHARWAD.
Location: HIGH
COURT OF 4. RAMESH GANGAPPA KALE,
KARNATAKA
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
...APPELLANTS
(BY SRI V G BHAT AND SRI J.B.HURAKADLI, ADVOCATES)
AND:
1. SMT.AKKAMMA
KOM GURANAGOUDA PATIL,
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NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: HAROBELAVADI, TQ: DHARWAD.
2. SMT.SUMAKKA @ UMA
KOM BASANAGOUDA PATIL,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: HAROBELAVADI, TQ: DHARWAD.
3. VEERANAGOUDA FAKKIRAGOUDA PATIL,
SINCE DECEASED BY LEGAL HEIRS
3A. VEERESHGOUDA S/O. GURUNATHGOUDA PATIL
AGE: 28 YEARS, OCC: AGRICULTURE & STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD
3B. SUNIL @ SUNILGOUDA S/O BASANAGOUDA PATIL
AGE: 23 YEARS, OCC: AGRICULTURE AND STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD
4. BASANAGOUDA S/O FAKIRAGOUDA PATIL,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O: KASABAGOUDAR ONI,
KAMANAKATTI, DHARWAD.
...RESPONDENTS
(BY SRI SANGRAM S KULKARNI, ADVOCATE FOR R1 & R2;
SRI UMESH P. HAKKARAKI, ADVOCATE FOR R3(A), R3(B) AND R4)
THIS REGULAR SECOND APPEAL IS FILED UNDER SETION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE PASSED BY THE IV ADDL. DISTRICT
AND SESSIONS JUDGE, DAHRWAD, IN R.A.NO.293/2015 DATED
30.04.2016 BY CONFIRMING THE JUDGMENT AND DECREE PASSED
BY THE II ADDL. SENIOR CIVIL JUDGE, DHARWAD, IN
O.S.NO.96/2000 DATED 26.10.2015, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN RSA NO. 100522/2016
BETWEEN:
1. SRI.NAGESH S/O GANGAPPA KALE,
AGE: 51 YEARS, OCC: AGRICULTURE,
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NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
2. SRI.HANUMANTHA GANGAPPA KALE,
AGE:48 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
3. MARUTI GANGAPPA KALE,
AGE:46 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
4. RAMESH GANGAPPA KALE,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
...APPELLANTS
(BY SRI V G BHAT AND SRI J.B.HURAKADLI, ADVOCATES)
AND:
1. SMT.AKKAMMA
KOM GURANAGOUDA PATIL,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: HAROBELAVADI, TQ: DHARWAD.
2. SMT.SUMAKKA @ UMA
KOM BASANAGOUDA PATIL,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: HAROBELAVADI, TQ: DHARWAD.
3. VEERANAGOUDA FAKKIRAGOUDA PATIL,
SINCE DECEASED BY LEGAL HEIRS
3A. VEERESHGOUDA S/O. GURUNATHGOUDA PATIL
AGE: 28 YEARS, OCC: AGRICULTURE AND STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD-580201
3B. SUNIL @ SUNILGOUDA S/O BASANAGOUDA PATIL
AGE: 23 YEARS, OCC: AGRICULTURE AND STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD-580201
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NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
4. BASANAGOUDA S/O FAKIRAGOUDA PATIL,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O: KASABAGOUDAR ONI,
KAMANAKATTI, DHARWAD.
...RESPONDENTS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE FOR R1 & R2;
SRI UMESH P. HAKKARAKI, ADVOCATE FOR R3(A), R3(B) AND R4)
THIS REGULAR SECOND APPEAL IS FILED UNDER SETION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE PASSED BY THE IV ADDL. DISTRICT
AND SESSIONS JUDGE, DAHRWAD, IN R.A.NO.269/2015 DATED
30.04.2016 BY CONFIRMING THE JUDGMENT DECREE PASSED BY
THE II ADDL. SENIOR CIVIL JUDGE, DHARWAD, IN O.S.NO.96/2000
DATED 26.10.2015, IN THE INTEREST OF JUSTICE AND EQUITY.
IN RSA NO. 100523/2016
BETWEEN:
1. SRI.NAGESH S/O GANGAPPA KALE,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
2. SRI.HANUMANTHA GANGAPPA KALE,
AGE:48 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
3. MARUTI GANGAPPA KALE,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
4. RAMESH GANGAPPA KALE,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: MRUTYUNJAYA NAGAR,
SAVADATTI ROAD, DHARWAD.
...APPELLANTS
(BY SRI V G BHAT AND SRI J.B.HURAKADLI, ADVOCATES)
-5-
NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
AND:
1. SMT.AKKAMMA
KOM GURANAGOUDA PATIL,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: HAROBELAVADI,
TQ: DHARWAD-580001
2. SMT.SUMAKKA @ UMA
KOM BASANAGOUDA PATIL,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: HAROBELAVADI,
TQ: DHARWAD-580001
3. VEERANAGOUDA FAKKIRAGOUDA PATIL,
SINCE DECEASED BY LEGAL HEIRS
3A. VEERESHGOUDA S/O. GURANGOUDA PATIL
AGE: 28 YEARS, OCC: AGRICULTURE AND STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD-580201
3B. SUNIL @ SUNILGOUDA S/O BASANAGOUDA PATIL
AGE: 23 YEARS, OCC: AGRICULTURE AND STUDENT,
R/O: HAROBELAVADI,
TQ:DIST: DHARWAD-580201
4. BASANAGOUDA S/O FAKIRAGOUDA PATIL,
AGE:73 YEARS, OCC: AGRICULTURE,
R/O: KASABAGOUDAR ONI,
KAMANAKATTI, DHARWAD.
...RESPONDENTS
(BY SRI SANGRAM S KULKARNI, ADVOCATE FOR R1 & R2;
SRI UMESH P. HAKKARAKI, ADVOCATE FOR R3(A), R3(B) AND R4.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE PASSED BY THE IV ADDL.
DISTRICT AND SESSIONS JUDGE, DAHRWAD, IN R.A.NO.13/2016
DATED 30.04.2016 BY CONFIRMING THE JUDGMENT DECREE
PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, DHARWAD, IN
O.S.NO.96/2000 DATED 26.10.2015, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2024:KHC-D:4753
RSA No. 100521 of 2016
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
In all these appeals all the appellants and the
respondents are present before the Court and the advocates
appearing for the respective parties have filed compromise
petition under Order 23 Rule 3 of CPC stating that they have
settled the matter amicably between them and requested to
pass decree in terms of the compromise petition.
2. The compromise petition is signed by all the
appellants and respondents along with their respective
advocates and affixed their photographs and also enclosed
their Aadhar cards. After enquiry the appellants and
respondents have stated that they have compromised the
matter between themselves amicably and requested to pass
decree in terms of the compromise petition.
3. Recording the submission and placing the
compromise petition on record, all the three appeals are
disposed of in terms of the compromise petition.
NC: 2024:KHC-D:4753
C/W RSA No. 100522 of 2016, RSA No.
100523 of 2016
4. Draw decree in terms of compromise petition. A
copy of the compromise petition shall be part and parcel of
the decree.
5. The Court fee paid by the appellants shall be
refunded to the appellants with proper identification.
Sd/-
JUDGE
MRK
CT:ANB
