Karnataka High Court
Govinda Naika vs Ningappa Dead By His Lrs on 13 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:46142
RSA No. 286 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 286 OF 2013 (DEC)
BETWEEN:
GOVINDA NAIKA
S/O PEEKYA NAIKA,
AGED ABOUT 65 YEARS,
AGRICULTURIST,
KUSKUR, NIDHIGE HOBLI,
SHIMOGA DISTRICT-577201
...APPELLANT
(BY SRI. S V PRAKASH., ADVOCATE)
AND:
1. NINGAPPA DEAD BY HIS LRS
A. MANJAPPA
S/O LATE NINGAPPA,
AGED ABOUT 54 YEARS,
R/O KUSKUR, MATHUR POST,
SHIMOGA 577201
Digitally signed
by SHWETHA
RAGHAVENDRA B. MADUMEENAKSHI
Location: HIGH D/O LATE NINGAPPA,
COURT OF W/O GOVINDAPPA,
KARNATAKA AGED ABOUT 47 YEARS,
R/O ALKOLA,
GADIKOPPA, SHIMOGA-577201
C. PREMA
W/O RAMACHANDRAPPA,
AGED ABOUT 45 YEARS,
DEAD BY LR's
1(C)(i) MANJUNATH,
S/O LATE PREMA & SRI. RAMACHANDRAPPA
AGED ABOUT 41 YEARS
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RSA No. 286 of 2013
1(C)(ii) KUMAR
S/O LATE PREMA & SRI. RAMACHANDRAPPA
AGED ABOUT 41 YEARS
BOTH RESIDENTS OF
ALKOLA, GADIKOPPA,
SHIVAMOGGA-577201.
(AMENDED AS PER COURT ORDER
DATED 13.11.2021)
D. SAVITHRI
W/O MAHENDRAPPA,
AGED ABOUT 43 YEARS,
R/O KUSKUR,
MATHUR POST SHIMOGA-577201
E. SARASWATHI
W/O SWAMY,
AGED ABOUT 39 YEARS,
DEAD BY LR's
1(E)(i) KIRAN
AGED ABOUT 27 YEARS
S/O LATE SWAMY
RESIDENTS OF
ALKOLA, GADIKOPPA,
SHIVAMOGGA-577201.
(AMENDED AS PER COURT ORDER
DATED 13.11.2021)
2. NAGAPPA
S/O NINGAPPA,
AGED ABOUT 47 YEARS,
AGRICULTURIST,
KUSKUR, NIDHIGE HOBLI,
SHIMOGA.
...RESPONDENTS
(BY SRI. H.N. BASAVARAJU .,ADVOCATE
FOR R1(A) TO (E) AND R2)
THIS RSA FILED U/S. 100 OF CPC., PRAYING TO CALL FOR
RECORDS IN O.S.NO.171/06 ON THE FILE OF PRL. CIVIL JUDGE
(JUNIOR DIVISION), SHIMOGA AND IN R.A.NO.11/2012 ON THE FILE
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NC: 2024:KHC:46142
RSA No. 286 of 2013
OF THE I ADDL. SENIOR CIVIL JUDGE & CJM, SHIVAMOGGA AND
ETC.
THIS RSA, COMING ON FOR FURTHER HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL JUDGMENT
1. The Appellant is before this Court seeking for the
following reliefs:
i. Call for records in O.S.No.171/06 on the file of
Prl. Civil Judge (Junior Division), Shimoga and
in R.A.No.11/2012 on the file of court of 1st
Addl. Senior Civil Judge, Shimoga.
ii. Set aside the judgement and decree dated
03.10.2012 passed by the 1st Addl. Senior Civil
Judge, Shimoga in R.A.No.11/2012 and
restore the judgment and decree dated
26.11.2011 passed by the Prl Civil Judge
(Jr.Dn), Shimoga in O.S.No.171/2006.
iii. Pass such other suitable judgment and decree
as this Hon'ble Court deems it appropriate in
the admitted facts and circumstances of the
case, to meet the ends of justice.
2. After arguments were advanced for some time, when it
was pointed out to both the counsel that if there is any
possibility of settlement being arrived at, both the
counsel after having interaction with their respective
parties have today filed a compromise petition and
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submits that the dispute between the parties have been
resolved in terms of the compromise petition, which
reads as under:-
Compromise Petition
The appellant and the respondents have agreed to settled
the dispute brought before this Hon'ble court by way of
above appeal as set out below:-
(i) The appellant and respondents agreed that the B
schedule property measures only five guntas.
(ii) The appellant is entitled for one gunta of land out of six
guntas in the B schedule property i.e., Sy.No.160.
(iii) The respondents are entitled for five guntas of নাজাত
land in B Schedule Property .
(iv) The appellant has no right over the B schedule property
measuring five guntas so also his legal heirs or anybody
claiming under him.
(v) The respondents have paid a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) to the appellant towards the
litigation expenses and also towards the compensation.
(vi) The respondents have agreed and consented that the
appellant is the owner of 31 guntas of land in Sy.No.160 of
Huskur Village, Nidhige Hobli, Shivamogga Taluk which has
been described as suit A schedule property and another one
gunta of land out of the same survey number which is
bounded on East by: Tank in Sy.No.150; West by: Road;
North by: A land in Sy.No.160/2 and South by: Land in
Sy.No.160/1.
(vii) The respondents and their legal heirs and the persons
claiming under them have no semblance of right, title,
interest and possession over the suit A schedule property
and one gunta of land in suit B schedule property.
(viii) The appellant and his legal heirs and any persons
claiming under him have no manner of P right, title, interest
and possession and any sort of claim over five guntas of
land in suit B schedule property hereinafter.
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(ix) The appellant and respondents agree that the
agreement dated 24/10/2024 and the Sketch be Form part
of the decree that would be passed based on this
compromise petition.
WHEREFORE, the appellant and the respondents most
respectfully pray that the Hon'ble court may kindly be
pleased to modify the impugned judgment and decree as
per the terms of this compromise petition and the cost of
the appeal may be made easy by allowing this compromise
petition in the ends of justice and equity.
3. The sole appellant and all the respondents are present
before this Court in person and are identified by their
respective counsel.
4. On enquiry, sole appellant and the respondents submit
that they have entered into the compromise petition of
their own free will and volition. The terms of the
settlement having been read out, on enquiry, they
confirm the said compromise by way of settlement
arrived at between them and submit that the judgments
of both the trial Court and first Appellate Court may be
modified in terms of the present compromise.
5. The settlement being lawful, the same is accepted. The
compromise petition enclosing an agreement along with
the sketch giving the boundaries and demarcation of the
properties for each of the parties, is taken on record.
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6. Registry is directed to draw a compromise decree in
terms of the compromise petition. Registry is directed to
make the agreement and sketch referred above as part of
the compromise decree.
7. This compromise decree shall supersede the judgment in
O.S.No.171/2006 passed by Principal Civil Judge and
JMFC., Shivamogga as also the judgment of the first
Appellate Court in R.A.No.11/2012 passed by I Additional
Senior Civil Judge and CJM., Shivamogga. A copy of the
compromise decree is directed to be forwarded to the
respective Courts along with sketch to be placed on
record with the concerned file.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
PRS
