Karnataka High Court

Yallavva W/O Basappa vs Sharanagouda S/O Ranganagouda on 29 May, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                            RFA No. 100157 of 2022
                                                        C/W RFA No. 100210 of 2021




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 29TH DAY OF MAY 2024
                                             PRESENT
                            THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                                AND
                        THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
                        REGULAR FIRST APPEAL NO.100157 OF 2022 (DEC/INJ)
                          C/W REGULAR FIRST APPEAL NO.100210 OF 2021


                   IN RFA NO.100157 OF 2022:
                   BETWEEN:

                   1.    YALLAVVA W/O. BASAPPA CHIKKOPPA
                         AGE: 49 YEARS, OCC: HOUSE HOLD WORK,
                         R/O: AVARADI, TQ: RAMADURGA,
                         DIST: BELGAVI-591123.

                   2.   RAMANAGOUDA S/O. SHIVARAMAGOUDA PATIL
                        AGE: 48 YEARS, OCC: AGRICULTURE,
                        R/O: MANNERI, TQ: BADAMI, DIST: BAGALKOT-587201.
                                                                   ...APPELLANTS
                   (BY SRI.PRAKASH N.HOSAMANE, ADVOCATE)

                   AND:
Digitally signed
by BHARATHI H
M                  1.    SHARANAGOUDA S/O. RANGANAGOUDA
Location: HIGH
COURT OF                 AGE: 37 YEARS, OCC: GOVT. EMPLOYEE WORK,
KARNATAKA
DHARWAD
BENCH
                         R/O: SANDIGWADA, TQ: RON, DIST: GADAG,
Date: 2024.06.03
14:40:33 +0530
                         NOW R/O. NEAR SHIROL HOSPITAL,
                         K.C.ROAD, OFFICE: TALUKA (RALUKA)
                         TAHASHILDAR OFFICE, GADAG,
                         DIST: GADAG-582101.

                   2.    BASANAGOUDA S/O. RANGANAGOUDA PATIL
                         HIMSELF CALLED AS ADOPTIVE
                         S/O. CHANDANAGOUDA PATIL,
                         AGE: 39 YEARS, OCC: AGRICULTURE,
                         R/O: SANDIGWADA, TQ: RON,
                         DIST: GADAG-582209.
                                                                ...RESPONDENTS
                   (BY SRI.SHIVARAJ S.BALLOLI, ADVOCATE FOR R1;
                     SRI.MRUTYUNJAYA R.YARAGAMBLIMATH, ADVOCATE FOR R2)
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                                          NC: 2024:KHC-D:7136-DB
                                           RFA No. 100157 of 2022
                                       C/W RFA No. 100210 of 2021




      THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER 41 RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.09.2021 PASSED
IN O.S.NO.25/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, BADAMI, PARTLY DECREEING THE
SUIT FILED FOR DECLARATION AND INJUNCTION.


IN RFA NO.100210 OF 2021:
BETWEEN:

SHARANAGOUDA, S/O. RANGANAGOUDA PATIL,
AGE: 37 YEARS, OCC: GOVT. EMPLOYEE,
R/O: SANDIGWADA, TQ: RON,
DIST: GADAG-582209,
NOW AT R/O: NEAR SHIROL HOSPITAL,
K.C.RANI ROAD, GADAG-582001,
OFFICE: TALUK TAHASHILDAR OFFICE,
GADAG, DIST: GADAG-582001.
                                                     ...APPELLANT
(BY SRI.SHIVRAJ S.BALLOLI, ADVOCATE)
AND:

1.   SMT. YALLAVVA, W/O. BASAPPA CHIKKOPPA,
     AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
     R/O. AVARADI, TQ: RAMADURGA,
     DIST: BELAGAVI-591115.

2.   SHRI. RAMANAGOUDA,S/O. SHIVARAMAGOUDA PATIL,
     AGE: 47 YEARS, OCC: AGRICULTURE,
     R/O: MANNERI, TQ: BADAMI, DIST: BAGALKOT-587201.

3.   SHRI. BASANAGOUDA, S/O. RANGANAGOUDA PATIL,
     HIMSELF CALLED AS ADOPTIVE S/O. CHANDANAGOUDA
     PATIL, AGE: 39 YEARS, OCC: AGRICULTURE,
     R/O: SANDIGWADA, TQ: RON, DIST: GADAG.

                                            ...RESPONDENTS
(BY SRI.PRAKASH N.HOSAMANE, ADVOCATE FOR R1 AND R2;
 SRI.MRUTYUNJAYA R.YARAGAMBLIMATH, ADVOCATE FOR R3)

     THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER XLI
RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE
DATED 29.09.2021 PASSED IN O.S.NO.25/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BADAMI, PARTLY DECREEING THE SUIT FILED FOR DECLARATION
AND INJUNCTION.
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                                            NC: 2024:KHC-D:7136-DB
                                             RFA No. 100157 of 2022
                                         C/W RFA No. 100210 of 2021




     THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY,
T.G.SHIVASHANKARE GOWDA J., DELIVERED THE FOLLOWING:


                             ORDER

Learned counsel appearing for the appellants in both

the appeals have filed a compromise petition under Order

XXIII Rule 3 of the Code of Civil Procedure.

2. Compromise petition reads as under:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

The parties most humbly submit as here under:

1. That the Appellant in RFA No.100210/2021 has filed the top noted appeal challenging the Judgment and Decree dated 29/09/2021, passed by the learned Senior Civil Judge and JMFC, Badami, At: Badami in OS No.25/2017. Challenging the same order the Appellants in RFA No.100157/2022 have filed the said Appeal. The parties to both the appeals are referred herein as per their ranks before this Hon'ble Court in RFA No.100210/2021 and/or as per their ranks before the Trial Court in order to avoid any confusions.

2. That the Plaintiffs had filed the said suit in OS.No.25/2017 on the file of the learned Senior Civil Judge and JMFC, Badami, At: Badami seeking the relief of Declaration and Injunction against the Defendants.

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3. That, following are the suit properties situated at Hebballi Village, Badami Taluk, Dist: Bagalkot:

       Sl.         Survey No.               Extent
       No.                                  (A-G)
       1.             18/1                   1-32
       2.             47/1                   7-22
       3.             135/5                  2-28
       4.              267                   4-12
       5.            118/2B                  4-04
                                             0-32
                       Kh-                  ------
                                             3-12
          6.       283/3 + 2A                5-00
          7.          131/2                  0-34
          8.        118/2C/A                 1-32
          9.     House Property
               bearing VPC No.453

4. That, at the intervention of the elders and well-

wishers of the parties, the parties have arrived at an amicable settlement and have decided to resolve the inter-se dispute as per following terms and conditions:

a) That all the parties have agreed and resolved that, in lieu of the settlement arrived at amongst the parties and in order to culminate the proceedings once for all, the following properties shall be allotted in favour of Respondents No.1 and 2/Plaintiffs together:

All that piece and parcel of a a portion of 6 Acres of land out of 7 Acres and 22 Guntas in the agricultural land bearing RS No.47/1 situated at Hebballi Village, Badami Taluk, Bagalkot District.

b) That the Appellant/Defendant No.1 shall be entitled to retain the balance 1 Acre and 22 Guntas of land in the said agricultural bearing RS No.47/1 situated at Hebballi Village, Badami Taluk, Bagalkot District.

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c) In addition to the above, the Appellant/Defendant No.1 shall be entitled to retain all other lands mentioned in the schedule to the Plaintiff.

d) That the Respondent No.3/Defendant No.2 who is the genetic brother of the Appellant and who has gone in adoption has not been allotted any share in the suit properties and that the said Respondent No.3/Defendant No.2 had already relinquished all his rights in the suit properties in favour of the Appellant/Defendant No.1 Sharangouda Patil.

e) Hence, the properties allotted to Appellant and Respondents are detailed in the table below:

PROPERTIES ALLOTTED TO APPELLANT/DEFENDANT NO.1

Sl. Survey No. Extent No. (A-G)

1. 18/1 1-32

2. 47/1 1-22 (OUT OF 7A-22G)

3. 135/5 2-28

4. 267 4-12

5. 118/2B 4-04 Kh- 0-32

------

3-12

6. 283/3 + 2/A 5-00

7. 131/2 0-34

8. 118/2C/A 1-32

9. House -----

Property bearing VPC No.453

PROPERTIES ALLOTTED TO RESPONDENTS NO.1 AND 2/PLAINTIFFS

Sl. Survey No. Extent No. (A-G)

1. 47/1 6-00 (OUT OF 7A

-22 G)

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PROPERTIES ALLOTTED TO RESPONDENTS NO.3/DEFENDANT NO.2

NIL

f) That henceforth, the parties shall be deemed to be the absolute owners of the respective properties fallen to their respective shares.

and decree passed by the Trial Court may be modified in terms of the above compromise petition arrived between the parties.

The contents of aforesaid compromise petition have been read over and explained to each party in Kannada language and each one has expressed that they have understood the contents and that the same are as per their instructions.

Hence, this Compromise Petition. The same may kindly be taken on record to meet the ends of justice and equity and"

3. Perused the contents of the compromise

petition.

4. Plaintiff Nos.1 and 2 and defendant Nos.1 and 2

are present before the Court and they are identified by

their respective counsel. Terms of the compromise

petition are explained to both the plaintiffs and the

defendants. They admit the terms of the compromise and

also admit their signatures on the compromise petition.

5. Defendant No.2, who is the genetic brother of

defendant No.1, had gone in adoption. Defendant No.2

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submits that he is getting a share in the adopted family

and he has relinquished all his rights in the suit properties

in favour of defendant No.1.