Karnataka High Court
Sudha vs Venkatesh And Ors on 26 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RFA No. 200160 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 200160 OF 2023 (PAR/POS)
BETWEEN:
SMT. SUDHA
W/O C. GOPAL REDDY,
AGED: 48 YEARS,
OCC: HOUSEWIFE AND AGRICULTURE,
R/O: H.NO.368,
NEAR KIRAN GUPTA STORE,
NEW BALAJI NAGAR,
AMBERNATH (WEST),
MAHARASHTRA - 421 005.
...APPELLANT
(BY SRI SACHIN M.MAHAJAN, ADVOCATE)
AND:
Digitally signed
by NIJAMUDDIN 1. VENKATESH
JAMKHANDI
S/O RAMAYYA,
Location: HIGH
COURT OF AGED ABOUT 52 YEARS
KARNATAKA OCC: BUSINESS,
R/O:MPL. NO.10-4-13,
MAKTHAL PET,
RAICHUR - 584 101.
2. SHARADA
W/O M. RAMULU,
AGED ABOUT 56 YEARS,
OCC: HOUSEWIFE AND AGRICULTURE
R/O: H.NO.200/1 B.N.REDDY COLONY,
NEAR REDDY HOTEL,
MAHABUBNAGAR,
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RFA No. 200160 of 2023
HC-KAR
TELANGANA - 509 001.
3. SMT. LAXMI
W/O CHETAN KUMAR
AGED ABOUT 28 YEARS
OCC: HOUSE WIFE
R/O: MADDIET,
RAICHUR - 584 101.
4. SMT. KEERTI
W/O VENKATESH,
AGED ABOUT 39 YEARS
OCC: BUSINESS,
R/O: MPL.NO.10-4-13,
MAKTHAL PET,
RAICHUIR - 584 101.
...RESPONDENTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R1 AND R4;
SMT. NILUFARHANAZ, ADVOCATE FOR R2 AND R3)
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 15.07.2023 PASSED BY THE
LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC-I AT
RAICHUR IN O.S.NO.55/2017 AND DECREE THE SUIT OF THE
PLAINTIFF WITH COSTS THROUGHOUT, BY ALLOWING THE APPEAL,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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RFA No. 200160 of 2023
HC-KAR
ORAL JUDGMENT
Challenging judgment and decree dated 15.07.2023
passed by Addl. Senior Civil Judge and JMFC-I, Raichur in OS
no.55/2017, this appeal is filed by plaintiff.
2. It is submitted by both counsel that during
pendency of this appeal, parties have entered into compromise.
Terms and conditions of compromise petition filed, are as
under:
"MEMORANDUM OF COMPROMISE PETITION UNDER
ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE,
The appellant and respondents above-named most
respectfully submit as follows:
1. That the above Regular First Appeal arises out of the
judgment and decree dated 15.07.2023 passed by the
learned Addl. Senior Civil Judge and JMFC-I at Raichur in
Original Suit No. 55/2017.
2. That during the pendency of this appeal, the parties,
with the assistance of their respective counsels, well-
wishers, and mediators, have amicably resolved their
disputes and differences and have agreed to settle the
matter on the following terms and conditions, which are
lawful and entered with free consent, without any
coercion, undue influence, or fraud:
A. The Appellant- Smt Sudha, and Respondent No.2 -
Smt. Sharada, respondent No.3 - Smt. Laxmi, and
respondent No.4 - Smt. Keerti, agrees and admit that the
properties mentioned below are allotted to the share of
the Respondent No.1 Venkatesh, and it is further
admitted and acknowledged that the appellant and the
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respondent No.2, 3 & 4 shall have no right, title or claim
whatsoever in the properties mentioned below in any
manner whatsoever :-
SL Description of the Property
No.
1 The House bearing MPL
No.9-15-34 (old), 9-15-35
(new) situated at Maddipet,
Raichur.
2 The House bearing MPL
No.10-4-13 (old), 10-4-
14/1A (new) situated at
Makthalpet, Raichur.
3 The Shopping complex of 8
shops in the premises
bearing Municipal No. 12-
10-23, measuring in three
parts divided as mentioned
below 1) Buildup area 108
ft X 26 ft = 2808 Sqft, 2)
Common way between 1st
part and 3rd part total 9 ft
X 105 ft = 945/2 = 472.5
Sqft belongs 1st part
towards buildup area
northern side in the said
premises, 3) Common open
spacen setback towards
eastern side main road that
is 19 ft 9 inch X 56 ft 7 inch
1117.51 Sqft belongings to
all the three part parties.
Situated at Rajendra Gunj
main Road Raichur As per
schedule shown in Will Deed
No.RCR-3-00036-2013-14,
Dated: 16-11-2013.
B. The Respondent No.1- Venkatesh, respondent No.2
Smt. Sharada, respondent No.3 Smt. Laxmi, and
respondent No.4 Smt. Keerti agree and admit that the
property mentioned below is allotted to the share of the
Appellant -Smt. Sudha, and it is further admitted and
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acknowledged that the respondent No.1, 2, 3 & 4 shall
have no right, title or claim whatsoever in the property
mentioned below in any manner whatsoever :
SL Description of the Property
No.
1. The land Sy No.180, Hissa
"EE" to the extent of 02 acres
00 guntas only, out of total
land measuring 04 Acre 00
Guntas, situated at Rampur
Village, Hobli Raichur, Tq and
Dist. Raichur as per the
schedule described in will
deed Document No.RCR-3-
00036-2013-14, Dated: 16-
11-2013, which is already
marked as Ex-P5 in OS
No.55/2017.
C. The Appellant Smt. Sudha, the Respondent No.1
Venkatesh, respondent No.2 - Smt. Sharada, and
respondent No.4 Smt. Keerti, agree and admit that the
property mentioned below is allotted to the share of the
Respondent No.3 -Smt. Laxmi, and it is further admitted
and acknowledged that the appellant, respondent No.1, 2
& 4 shall have no right, title or claim whatsoever in the
property mentioned below in any manner whatsoever:
SL Description of the Property
No.
1. The land Sy no, 180, Hissa
"EE" to the extent of 02 acres
00 guntas only, out of total
land measuring 04 Acre 00
Guntas, situated at Rampur
Village, Hobli Raichur, Tq and
Dist.Raichur as per the
schedule described in will
deed Document No.RCR-3-
00036-2013-14, Dated:16-
11-2013, which is already
marked as Ex-P5 in OS
No.55/2017.
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D. The appellant and the respondents hereby agree,
admit and acknowledge that there are no further claims,
disputes with respect to the properties which are subject
matter of the present appeal arising out of OS
No.55/2017. It is further agreed that all the respective
parties mentioned above to whom the respective shares
are allotted under the compromise have become the
absolute owners of the respective parties mentioned
hereinabove.
3. That the parties have entered into this compromise
agreement voluntarily, and the terms are in writing, duly
signed by both parties, and are lawful as per the
provisions of the Indian Contract Act, 1872, and the Code
of Civil Procedure, 1908.
4. That all the parties undertake to abide by the terms
of this compromise and shall not take any coercive action
against each other in respect of the subject matter of this
appeal.
5. That the parties are fully satisfied with the terms of the
compromise, and the agreement resolves the entire
dispute in the above appeal. The parties have no
objection to this Hon'ble Court disposing of the appeal in
terms of this compromise petition.
6. That this compromise petition is filed in accordance
with Order 23 Rule 3 of the Code of Civil Procedure, 1908,
and the parties pray that this Hon'ble Court be pleased to
record the compromise and pass a decree in terms
thereof.
7. That no other petition or application seeking similar
relief has been filed before this Hon'ble Court or any other
court in respect of the subject matter of this appeal.
8. It is further admitted by the respondent No.1 -
Venkatesh and the respondent No.4 - Smt. Keerti that the
rights created by the respondent No.1 in favour of the
respondent No.4 by virtue of the registered gift deeds
dated 20.08.2014, bearing No. 4481/2014-15 and
4484/2014-15, shall not be affected by this compromise
petition.
9. The term Appellant and respondents referred above
includes their legal heirs, agents, assignees etc.
PRAYER
WHEREFORE, the Appellant and Respondents most
humbly and respectfully pray that this Hon'ble Court may
be pleased to:
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1) Record the compromise arrived at between the parties
as detailed above.
2) Pass a decree in terms of the compromise under Order
23 Rule 3 of the Code of Civil Procedure, 1908.
3) Dispose of the above Regular First Appeal (RFA
No.200160/2023) in terms of the compromise.
4) Grant such other and further reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of
the case.
AND FOR THIS ACT OF KINDNESS, THE PARTIES SHALL
EVER PRAY."
3. It is submitted that parties are present today
before this Court and they are identified by their respective
counsel.
4. On interaction, parties have submitted that they
have understood terms and conditions of compromise petition,
which have been explained to them and understanding same,
they have signed compromise petition, out of their own free
will, without any threat, coercion or inducement from anyone.
On verification, terms of compromise petition appears to be
lawful.
5. Consequently, following:
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ORDER
i. Appeal is allowed to extent and in terms of
compromise petition.
ii. Registry to draw decree incorporating terms of
compromise.
Sd/-
(RAVI V HOSMANI)
JUDGE
NJ
