Karnataka High Court
Kutubuddin Akbar Jamadar vs Machendra Bandu Chambar @ Mane on 12 November, 2024
-1-
NC: 2024:KHC-D:16546
RSA No. 100814 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 100814 OF 2018 (SP)
BETWEEN:
1. KUTUBUDDIN AKBAR JAMADAR
AGE: 70 YEARS, OCC. AGRICULTURE,
R/O. KUNNUR VILLAGE-591215,
TQ. CHIKODI, DIST. BELAGAVI.
SINCE DECEASED BY HIS LRS.,
REPRESENTED BY HIS GPA HOLDER
JAVID S/O. KUTUBUDDIN JAMADAR,
AGE: 36 YEARS, OCC:AGRICULTURE,
R/O. KUNNUR VILLAGE-591 215,
TQ: CHIKKODI, DIST: BELAGAVI.
1A. SMT. JANNATBI W/O. KUTABUDDIN JAMADAR,
Digitally
signed by
VISHAL
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
R/O. KUNNUR-591 215,
2024.11.20
12:16:16
+0530
TQ/ DIST: BELAGAVI.
1B. SMT. MADINA W/O. MAHABOOB JAMADAR,
AGE: 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.4739, WARD NO.27,
SHIVAJI NAGAR, NIPPANI-591 237,
TQ. NIPPANI, DIST. BELAGAVI.
1C. JAVID S/O. KUTUBUDDIN JAMADAR,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. KUNNUR-591 215,
TQ/ DIST: BELAGAVI.
-2-
NC: 2024:KHC-D:16546
RSA No. 100814 of 2018
1D. TASLIMA W/O. ARMAN JAMADAR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. BOCHATE GALLI, TARALE KHULA,
RADHANAGARI, TARALE KASABA,
KOLHAPUR-416 211, MAHARASHTRA.
1E. SULEMAN S/O. KUTUBUDDIN JAMADAR,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O. KUNNUR-591 215,
TQ/ DIST: BELAGAVI.
... APPELLANTS
(BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)
AND:
1. MACHENDRA BANDU CHAMBAR @ MANE,
AGE: 81 YEARS, OCC:AGRICULTURE,
R/O. KUNNUR VILLAGE-591 215,
TQ: CHIKKODI, DIST: BELAGAVI.
SINCE DECEASED BY HIS LRS.,
1A. SMT. SHEVANTA W/O. MACHENDRA MANE,
AGE: 65 YEARS, OCC. HOUSEWIFE,
R/O. H.NO.300, KORE NAGAR,
ANKALI-591 213, TQ. CHIKODI,
DIST. BELAGAVI.
SINCE DECEASED BY HER LRS.,
1B. SUREKHA W/O. KRISHNA @ BABAN NIRMALE,
AGE: 50 YEARS, OCC. AGRICULTURE,
R/O. H.NO., KORE NAGAR,
ANKALI-591213, TQ. CHIKODI,
DIST. BELAGAVI.
1C. SUSHILA W/O. SURESH GAYAKWAD,
AGE: 46 YEARS, OCC. AGRICULTURE,
R/O. H.NO., KORE NAGAR,
ANKALI-591 213, TQ. CHIKODI,
DIST. BELAGAVI.
1D. SMT. VANDANA W/O. SUNDAR RAHMANE,
AGE: 48 YEARS, OCC. HOUSEWIFE,
-3-
NC: 2024:KHC-D:16546
RSA No. 100814 of 2018
R/O. H.NO.300, KORE NAGAR,
ANKALI-591 213, TQ. CHIKODI,
DIST. BELAGAVI.
2. MAHADEV S/O. BANDU MANE,
AGE: 60 YEARS, OCC. AGRICULTURE,
R/O. MUSALMAN MAL, SIDNAL,
SIDNAL-591211, TQ/DIST. BELAGAVI.
3. AKKATAI W/O. MARUTI MANE,
AGE: 54 YEARS, OCC. HOUSEWIFE,
R/O. MUSALMAN MAL, SIDNAL,
SIDNAL-591 211, TQ/DIST. BELAGAVI.
SINCE DECEASED BY HER LRS I.E.,
PRESENT RESPONDENTS NO.2, 4 TO 6 ARE
TREATED AS LEGAL HEIRS.
4. SUREKHA W/O. BALASAHE MANE,
AGE: 47 YEARS, OCC. HOUSEWIFE,
R/O. MUSALMAN MAL, SIDNAL,
SIDNAL-591 211, TQ/DIST. BELAGAVI.
5. KARAN S/O. BALASAHEB MANE,
AGE: 21 YEARS, OCC. AGRICULTURE,
R/O. MUSALMAN MAL, SIDNAL,
SIDNAL-591 211, TQ/DIST. BELAGAVI.
6. SMT. SHANABAI W/O. SUBHASH JADHAV,
AGE: 44 YEARS, OCC. HOUSEWIFE,
R/O. DONEWADI-591 263,
SIDNAL-591 211, TQ/DIST. BELAGAVI.
... RESPONDENTS
(BY SRI. PRASHANT MATHAPATIL, ADVOCATE FOR R1(B) TO
R1(D) AND PROP. R2 TO R6)
THIS RSA IS FILED U/SEC. 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 29.09.2018 PASSED IN
R.A.NO.35/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
CHIKODI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 20.06.2013 PASSED IN
O.S.NO.238/2007 ON THE FILE OF THE I ADDL. CIVIL JUDGE
-4-
NC: 2024:KHC-D:16546
RSA No. 100814 of 2018
AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKODI,
DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF
CONTRACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
Appellant Nos.1(a) to 1(e) and respondent Nos.1(b)
to 1(d), 2 to 6 filed compromise petition under Order XXIII
Rule 3 CPC duly signed by the appellants and respondent
Nos.1(b) to 1(d), 2 to 6 and their respective counsels.
2. The terms of the compromise reads as under:
"B. The original plaintiff / appellant instituted a suit
bearing O.S. No.238/2007 on the file of 1st
Additional Civil Judge and JMFC, Chikodi seeking
the relief of specific performance of contract
dated: 14.10.1988 in respect of R.S. No.117/11
measuring 15 gutnas out of which northern
portion of ½ share situated within the limits of
Kunnur village of Chikodi Taluk of Belagavi
District for total consideration of Rs.7,000-00 and
paid an amount of Rs.5,000-00 as advance sale
consideration amount and got executed
agreement of sale.
NC: 2024:KHC-D:16546
C. Now the respondents have agreed to execute the
regular sale deed to the extent of 3.30 guntas out
of total extent of 7.5 guntas of Kunnur village
bounded towards East: Property belonging to
mane Samaj, West: Nipani-Huppari Road, North:
Property belonging to Chandake Family and
South: Property belonging to Chandake family in
favour of appellants No.1(c) and 1(e) and in lieu
of the same, the appellants have agreed to pay
an additional sum of Rs.5,00,000-00at the time of
execution of regular saledeed to the respondents
apart from the advance sale consideration
amount which was already paid to the
respondents under the agreement of sale dated:
14.10.1988 and for the same the other appellants
No.1(a), (b) and (d) have consented for the
same.
D. It is further agreed by the respondents that, they
will execute the regular sale deed within one
month from today before the Sub-Regisrar,
Nipani and failing which the appellants are at
liberty to execute the present compromise
decree. Further the respondents have agreed
that, the appellants are in possession of the suit
property to the extent of 3.3 guntas. Further the
appellants have agreed to bear the expenses viz.,
NC: 2024:KHC-D:16546
stamp duty and other expenditure for due
execution of regular sale deed.
E. It is further agreed by the appellants and
respondents that, the respondents No.2, 4, 5 and
6 retaining the ownership in respect of remaining
4.2 gutnas out of 7.5 guntas with them. For the
same the appellants and respondents No.1 (a) to
1(d)haveconsented for the same.
F. The appellants and respondents have agreed to
get their names in the record of rights after the
execution of regular sale deed."
3. The compromise petition is taken on record.
The terms of compromise form part and parcel of this
order.
4. Appellant Nos.1(a) to 1(e) and respondent
Nos.1(b) to 1(d), 2 to 6 are present before the Court, duly
identified by their respective counsels.
5. The appeal stands disposed of in terms of the
compromise petition.
NC: 2024:KHC-D:16546
6. Registry to draw decree accordingly.
In light of disposal of the appeal, pending IAs' if any
does not survive for consideration.
Sd/-
(JUSTICE K.S.HEMALEKHA)
AT
