Karnataka High Court

Krishna S/O Gulesh Ranoji vs The Deputy Commissioner on 5 March, 2024

                                          -1-
                                                 NC: 2024:KHC-D:4862
                                                    WP No. 104514 of 2023




                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                        DATED THIS THE 5TH DAY OF MARCH, 2024

                                        BEFORE

                          THE HON'BLE MRS JUSTICE M.G.UMA

                       WRIT PETITION NO.104514/2023(KLR-RES)


                BETWEEN:

                KRISHNA
                S/O. GULESH RANOJI,
                AGE: 49 YEARS,
                OCC: AGRICULTURE AND BUSINESS,
                R/O: ANTAPPANAVAR ONI,
                MRUTYUNJAYNAGAR,
                DIST: DHARWAD - 580 007.
                                                             ...PETITIONER
                (BY SRI V P VADAVI, ADVOCATE)

                AND:

                1.   THE DEPUTY COMMISSIONER,
                     DHARWAD
Digitally
signed by            DIST: DHARWAD - 580 001.
MANJANNA E
Location:
High Court of
Karnataka
                2.   THE ASSISTANT COMMISSIONER,
                     TQ: DHARWAD,
                     DIST. DHARWAD - 580 001.

                3.   THE TAHSILDAR
                     TQ: DHARWAD,
                     DIST: DHARWAD - 580 001.

                4.   LAXMAN
                     S/O. FAKIRAPPA KADAPPANAVAR,
                     AGE: MAJOR,
                     OCC: BUSINESS,
                              -2-
                                   NC: 2024:KHC-D:4862
                                     WP No. 104514 of 2023




     R/O: MAYUR PARK,
     YALAKKI SHETTAR COLONY
     DHARWAD,
     DIST: DHARWAD - 580 004.

5.   SRINIVAS
     S/O. SHRIKNAT GHOTNEKAR,
     AGE: MAJOR,
     OCC: BUSINESS,
     R/O: C 168, TQ: HALIYAL,
     DIST: UTTARA KANNADA - 581 329.

6.   FARUKH
     S/O. JAFARSAB KILLEDAR @ MULLA,
     AGE: 64 YEARS, OCC: BUSINESS,
     R/O: ROTSON APARTMENT,
     TRAINING COLLEGE ROAD,
     K.C.PARK ROAD, DHARWAD
     DIST: DHARWAD - 580 001.
                                            ...RESPONDENTS
(BY SRI P.N.HATTI, AGA FOR R1, R2 AND R3;
SRI HARSHA DESAI, ADVOCATE FOR R4;
SRI M.B.PUJAR, ADVOCATE FOR R5;
SRI J.S.SHETTY, ADVOCAT FOR R6)


      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI     QUASHING/SETTING     ASIDE   THE    IMPUGNED
ORDER       PASSED   BY    THIS    HON   BLE      COURT   IN
W.P.NO.101113/2023 DATED 20/06/2023 VIDE ANNEXURE-A
AND ETC.,


      THIS    PETITION,   COMING   ON    FOR   PRELIMINARY
HEARING - B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
                              -3-
                                   NC: 2024:KHC-D:4862
                                        WP No. 104514 of 2023




                           ORDER

Learned counsel for the petitioner and respondent

No.4, 5 and 6 submit in unison that the dispute between

the parties is amicably settled and the compromise

petition is signed by all parties concerned is filed before

this Court under order XXIII

Rule 3 of the Civil Procedure Code and article 226 of the

Constitution of Indian.

2. The petitioner-Krishna S/o Gulesh Ranoji,

respondent No.4-Laxman S/o Fakirappa Kadappanavar,

respondent No.5-Srinivas S/o Shrikant Ghotnekar and

respondent No.6-Farukha S/o Jafarsab Killedar @ Mulla,

are personally present before this Court and they are

identified by their respective counsels. Petitioner and

respondent Nos. 4 to 6 have admitted the terms of

compromise petition and that they have signed the

compromise petition out of their own will and would abide

by the same.

NC: 2024:KHC-D:4862

3. The terms of the compromise petition filed by

the parties read as under:

"Herein, the Petitioner and Resp. Nos. 4, 5 & 6 have mutually agreed to compromise and settle the dispute in the presence of elders as under:

1. That the Suit property is the agriculture land originally bearing Block/Sy. No. 300, measuring 04A - 27G, assessed at Rs. 16.70 Ps, situated at Kamalapur village, Dharwad Bounded by

South: Road.

Now presently the Suit property is sub divided into Block/Sy. No.300/1 measuring 2A-27G Bounded by

AND Block/Sy. No. 300/2 measuring 2A-00G Bounded by

South: Road.

2. That the entire Suit property Block/Sy. No. 300 measuring 4A-27G was originally owned by the father of Resp. No. 6, afterwards it has been transferred in the name of Resp. No.6. On 13-11-2013 the said Resp. No. 6 has executed a registered GPA infavor of Resp. No.5 Shri Shrinivas S/o. Shrikanth Ghotnekar, afterwards on 03-09- 2014 the GPA holder has executed a registered sale deed in his own name by paying sale consideration amount of Rs. 28,05,000/- to Resp. No. 6. The name of the purchaser has entered in the records of the property.

NC: 2024:KHC-D:4862

3. The said purchaser Resp. No.5 Shri Shrinivas S/o. Shrikanth Ghotnekar has sold the original Suit property to Resp. No.4 Shri. Laxman Fakkirappa Kadappanavar on 08- 05-2015 through registered sale deed by receiving consideration of Rs. 33,66,000/-. The name of the purchaser has entered in the records of the property. This transaction was known to Resp. No.6.

4. After the entry of the name of the purchaser Resp. No.4 Laxman Fakkirppa Kadappanavar in the record of the original Suit property Resp. No.6 has filed OS No. 443/2014 Before the III Addl. Senior Civil Judge and CJM Dharwad by praying the Hon'ble Court to declare that Resp. No.6 is the absolute owner of the Suit property by holding that the sale deed dtd: 03-09-2014 and 08-05-2015 are not binding on him. The both the purchasers did not file their written statement. Hence, the Hon'ble Court was please to decree the Suit on 31-03-2017.

5. That the second purchaser Resp. No.4 Laxman Fakkirppa Kadappanavar has preferred RA No. 20025/2017 before The II Addl. District & Sessions Judge, Dharwad and same came to be dismissed on 26-07-2018. After that the said purchaser has preferred an Misc. No. 60/2018 Before the Hon'ble Addl. District & Sessions Judge, Dharwad and the same came to be dismissed on 10-03-2020, in the mean while the present Resp. No.6 has executed a consent deed (MIàUÉ ÀvÀæ) On 14-10-2019 infavor of Resp. No.4 Laxman Fakkirppa Kadappanavar stating that he has consented for the sale deed executed by the first purchaser Resp. No.5 Shri. Shrinivas S/o. Shrikanth Ghotnekar infavor of the second purchaser Resp. No.4 Shri. Laxman Fakkirppa Kadappanavar.

6. After that there was a dispute between Resp. No.6 and his brother and sisters. The brother of Resp. No.6 Nisar Killedar has filed OS. 296/2016 Before Ist Addl. Senior Civil Judge & CJM Dharwad for partition and the same came to be decreed by allotting 2/9th share each to both the brothers and 1/9th share each to the 5 sisters. The brother Nisar Killedar has filed FDP No. 51/2017 Before Ist Addl. Senior Civil Judge & CJM Dharwad, in both the OS and FDP cases the 1st and 2nd purchasers are the party to the proceedings.

NC: 2024:KHC-D:4862

Hence the 2nd purchaser in whose name the property is standing, has compromised the matter with the brother and sisters of Resp. No.6 he has paid the money to them and the brother of Resp. No.6 Nisar Killedar has executed the registered consent deed on 06-11-2020 and sisters on 12- 08-2021 infavour of Resp. No.4 Laxman Fakkirppa Kadappanavar stating that they have consented for the sale deed executed by the first purchaser Resp. No.5 Shri. Shrinivas S/o. Shrikanth Ghotnekar infavor of the second purchaser Resp. No.4 Shri. Laxman Fakkirppa Kadappanavar. Like this second purchaser Resp. No.4 Shri. Laxman Fakkirppa Kadappanavar has become the absolute owner of the entire original Suit property.

7. That the 1st purchaser Resp. No.5 has preferred the RA No.23/2019 pending on the file of the 4th Addl. District & Sessions Judge, Dharwad aggrieved by the Judgment and Decree of OS. No.443/2014 filed by the present Resp. No. 6.

8. That while Misc. No. 60/2018 & RA 23/2019 cases are pending, Resp. No.6 and the owner of entire Suit property Resp. No.4 together have executed a registered agreement of sale to the Petitioner on 14-10- 2019 to the extent of 2 acres. The owner has executed the agreement and Resp. No.6 has given consent to the said transaction. After that the Petitioner has got executed the registered sale deed on 06-01-2022 by paying the consideration amount of Rs. 30,60,000/- and the present Resp No. 6 have taken Rs.5,00,000/- for consenting the transaction. After the said sale deed infavor of the Petitioner the original Suit property bearing Block/Sy. No. 300, measuring 04A-27G, assessed at Rs. 16.70 Ps, situated at Kamalapur village, Dharwad has sub- divided into Sy. No. 300/1 measuring 2A-27G and Block/Sy. No. 300/2 measuring 2A-00G standing in the name of the petitioner.

9. After this Resp. No.6 has preferred an appeal RTS/AP/ID/18/2020 before the Assistant Commissioner Dharwad challenging the order of the Tahasildar Dharwad in RDT/CR/138/2017 dtd: 26-09-2019 inrespect of MR No. H40/2016-17, inrespect of entry of the name of 2nd purchaser Resp. No.4 the AC Dharwad was please to reject the appeal on 24-03-2021 aggrieved by the same the present Resp. No.6 has preferred an Revision Petition No.

NC: 2024:KHC-D:4862

15/2021 Before the DC Dharwad and the same came to be dismissed on 24-03-2022.

10. Aggrieved by the orders of the AC and DC Dharwad the present Resp. No.6 has preferred a writ Petition No. 10113/2023 before the Hon'ble High Court of Karnataka praying for to quash the orders of the Tahasildar, AC and DC Dharwad. The Hon'ble High Court of Karnataka on 26-06- 2023 was pleased to allow the petition and quash the said orders and directed the Tahasildar to enter the name of the present Resp. No.6 in the Revenue Records of the original Suit property Block/Sy No.300 measuring 4A-276.

11. That aggrieved the same the 2nd purchaser has preferred Review Petition No. 100043/2023 pending Before the Hon'ble High Court of Karnataka. Dharwad Bench, Dharwad

12. That aggrieved by the said order dtd: 26-06-2023, the present Petitioner has filed the present petition praying to set aside the order passed in writ Petition No.10113/2023 by the Hon'ble High Court of Karnataka,

That considering all the transactions, disputes and consent deeds, the Petitioner and Resp. No.6 have mutually agreed in the presence of elders and well-wishers to amicably settle the matter. Accordingly, the present Resp. No.6 Farukh S/o. Jafarsab Killedar @ Mulla hereby unequivocally gives up all his claims, title, right and interest over the original Suit property Block/Sy. No. 300 measuring 2A-27G now sub- divided as Block/Sy. No. 300/1 measuring 2A-27G and block/sy.no.300/2 measuring 2a-00g and for that, the petitioner has hereby agreed to pay Rs. 30,00,000/- to the present Resp. No. 6 through 3 cheques of IDBI Bank Ankola Arcade, Jubilee Circle, Dharwad each of Rs. 10,00,000/- 1) Cheque No. 331566 Rs. 10,00,000/- dtd: 15-02-2024, 2) Cheque No. 331567 Rs. 10,00,000/- dtd: 15-04-2024 3) Cheque No. 331568 Rs. 10,00,000/- dtd: 15-06-2024. In view of the settlement, the decree obtained by Respondent No. 6 in OS No. 443/2014 is not binding on the Petitioner and Respondent Nos. 4 & 5 herein. Further, Respondent No. 6 has no objection whatsoever for Petitioner's name being entered into the property records.

NC: 2024:KHC-D:4862

In view of this compromise, the parties hereby consent and agree to file joint memo reporting the settlement in the pending cases i. e. RA 23/2019 on the file of the 4th Addl. District & Sessions Judge, Dharwad and Review Petition No. 100043/2023 on the file of this Hon'ble Court, and shall have the same disposed of as amicably settled. This compromise is not against any public policy.

Therefore, it is most humbly prayed to the Hon'ble Court to record the compromise as stated above and dispose of the matter as settled, in the ends of justice and equity."

4. As per compromise petition, three cheques for

Rs.10 lakhs each morefully described in the compromise

petition were handed over to respondent No.6-Farukha

S/o Jafarsab Killedar @ Mulla, who acknowledges the

receipt of the same and submits that he has no claim

against any of the petitioner or respondents.

5. Learned counsel for both parties submit that

necessary steps will be taken in R.A.No.23/2019, now

pending before the learned IV Additional District and

Sessions Judge, Dharwad, and Review Petition

No.100043/2023 pending before this Court to get the

same disposed off as amicably settled.