Karnataka High Court
Suchitra W/O Dattatreya Suryavamshi vs Smt. Sunita W/O Sudhir Shindhe on 11 March, 2025
-1-
NC: 2025:KHC-D:4620
RSA No. 100046 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 100046 OF 2021 (PAR-)
BETWEEN:
SMT. SUCHITRA W/O. DATTATREYA SURYAVAMSHI,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O. C/O. D.A. SURYAVAMSHI, DY.S.P (RETD.,)
K.H.B. COLONY, MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT-587313.
R/BY HER G.P.A. HOLDER I.E. APPELLANT'S
SON I.E.,
SRI. SAGAR S/O. DATTATREYA SURYAVAMSHI,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT-587313.
...APPELLANT
(BY SRI. B.S. SANGATI &
SRI. S.N. BANAKAR, ADVOCATES)
AND:
1. SMT. SUNITA W/O. SUDHIR SHINDHE,
MOHANKUMAR
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
B SHELAR R/O. T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ: AND DIST: BAGALKOT-587102,
Digitally signed by
MOHANKUMAR B NOW RESIDING AT:
SHELAR
Location: HIGH DOORDARSHAN CO-OPERATIVE HOUSING SOCIETY,
COURT OF
KARNATAKA
DHARWAD BENCH
GOKULDHAM, GOREGAON, EAST MUMBAI-400063.
2. AMIT S/O. SUDHIR SHINDHE,
AGE: 37 YEARS, OCC: PRIVATE WORK,
R/O T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT:
DOORDARSHAN CO-OPERATIVE HOUSING SOCIETY,
GOKULDHAM, GOREGAON, EAST MUMBAI-400063.
3. ABHIJIT S/O. SUDHIR SHINDHE,
AGE: 35 YEARS, OCC: PRIVATE WORK,
R/O T.P. NO.165/18, EXTENSION AREA,
-2-
NC: 2025:KHC-D:4620
RSA No. 100046 of 2021
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT:
DOORDARSHAN CO-OPERATIVE HOUSING SOCIETY,
GOKULDHAM, GOREGAON, EAST MUMBAI-400063.
4. PRADEEP S/O. DAMODAR SHINDHE,
AGE: 63 YEARS, OCC: PENSIONER,
R/O. T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT:
'A' WING, 2003 PANCHASHEEL HEIGHTS,
MAHAVEER NAGAR, OPPOSITE UTI BANK,
KANDIVELLI, WEST MUMBAI-400067.
5. SMT. ANITA W/O. ANIL SHINDHE,
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O. T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT.
SANKET RESIDENCY, BESIDES SHIVASENA OFFICE,
BAVELHANGAON, PUNE-411021.
6. PUSHPARAJ S/O. ANIL SHINDHE,
AGE: 31 YEARS, OCC: PRIVATE WORK,
R/O T.P.NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT. SANKET RESIDENCY,
BESIDES SHIVASENA OFFICE,
BAVELHANGAON, PUNE-411021.
7. SATISH S/O. DAMODAR SHINDHE,
AGE: 57 YEARS, OCC: BUSINESS,
R/O T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT. WARD NO.10,
NEAR S.R. KANTHI HOUSE, BAGALKOT-587103.
8. RAJENDRA S/O. DAMODAR SHINDHE,
AGE: 55 YEARS, OCC: BUSINESS,
R/O T.P. NO.165/18, EXTENSION AREA,
BAGALKOT, TQ AND DIST: BAGALKOT-587102,
NOW RESIDING AT
NEW GANANGIRI CO-OPERATIVE HOUSING SOCIETY,
'A' WING, 11TH FLOOR, VANI VIHAR MARG,
EKSAR ROAD, BORIVELLI, WEST MUMBAI-400092.
-3-
NC: 2025:KHC-D:4620
RSA No. 100046 of 2021
9. SMT. MALATI
W/O. BAKAVABT @ BALAVANTRAO SHINDHE,
SINCE DECEASED, SHE IS DIED ON 22.05.2019.
(NOTE: THE RESPONDENT NO.9 DIED ON 22.05.2019
LEAVING BEHIND HER LR'S WHO ARE ALREADY ON
RECORD AS RESPONDENT NO.10 & R11
AMENDED AS PER ORDER ON I.A. DATED
23.11.2021)
10. ATMACHARAN S/O. BALAVANTRAO SHINDHE,
AGE: 58 YEARS, OCC: DY.S.P,
R/O. C/O. A.B. SHINDHE, 19/19,
VITHAL PRASAD, PLOT NO.3
OPPOSITE TO KARNATAKA HIGH SCHOOL,
MAHENDALE GARAGE, GARAGE ROAD,
PUNE-411004, MAHARASHTRA STATE.
11. SMT. ANURADHA W/O. PRAKASH DESHMUKH,
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O. C/O. A.B. SHINDHE, 19/9, VITHAL PRASAD,
PLOT NO.3, OPPOSITE TO KARNATAKA HIGH SCHOOL,
MAHENDALE GARAGE, GARAGE ROAD,
PUNE-411004, MAHARASHTRA STATE.
12. THE PRESIDENT,
JANA SEVA SAMITI, AROGYA DHAMA,
ARADHANA LODGE, BAGALKOT,
TQ AND DIST: BAGALKOT-587102.
...RESPONDENTS
(BY SRI. LINGESH V. KATTEMANE, ADVOCATE FOR R5-R7;
SRI. GIRISH YADAWAD, ADVOCATE FOR R12;
R1-R4 & R11-HELD SUFFICIENT;
R8-R10 SERVED AND UNREPRESENTED;
R9-DECEASED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC SET ASIDE THE JUDGMENT AND DECREE PASSED IN
R.A.NO.25/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, BAGALKOT DATED 26.03.2018 AWARDING
NOTIONAL PARTITION TO APPELLANT DEFENDANT NO.1 AND
FURTHER AWARD EQUAL SHARE WITH THAT OF A SON i.e., 1/6TH
-4-
NC: 2025:KHC-D:4620
RSA No. 100046 of 2021
SHARE IN THE SUIT SCHEDULE 'B' PROPERTY BY ALLOWING THIS
APPEAL IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Learned counsel appearing for the appellant No.1 and
learned counsel appearing for respondent No.5, 6 and 7 are
present. The GPA of appellant No.1/defendant No.1 is present,
respondent No.5 to 7 are present before the Court and they
have filed a compromise petition under Order XXIII Rule 3 read
with Section 151 of CPC. It is submitted by the learned counsel
for parties that the lis is settled amongst the parties.
2. Learned counsel for respondent No.12 is also
present and submitted that there is no claim against the
respondent No.12-Seva Samithi.
3. It is also submitted by the learned counsel for
appellants that the appellants herein have no right, title or
interest in respect of property, which has been donated in
favour of respondent No.12. It is further submitted that, the
appellant No.1 and the respondent No.5 and 6 together are
NC: 2025:KHC-D:4620
entitled to get 1/6th share, being mother and son, and
respondent No.7 is entitled to get 1/6th share in suit schedule
'B' properties out of which, the share allotted to respondent
No.5 to 7 i.e. 1/6th + 1/6th in agricultural land. The respondent
No.5 to 7 are ready to relinquish their share in favour of the
appellant and in turn the appellant is ready to relinquish her
share in the house property i.e. schedule 'B' at Sl.No.3 to the
respondent No.5 to 7. It is further submitted by the parties and
their respective counsels that respondent No.1 to 4 and 8 to 12
are served with notice and are unrepresented before this Court,
and their share has been exclusively kept aside in the
compromise petition.
4. The said submission made by the learned counsel
appearing for the appellant is not opposed by the learned
counsel for the respondents. The said submission made by the
parties and their respective counsel is accepted subject to risk
of unavailability of respondent No.1 to 4 and 8 to 11 before this
Court.
5. In view of the above, the appeal is disposed of in
terms of the compromise petition filed under Order XXIII Rule 3
NC: 2025:KHC-D:4620
read with Section 151 of CPC and accordingly, the judgment
and decree passed by the Courts below is modified in terms of
the conditions of the compromise petition.
6. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/-
(E.S.INDIRESH)
JUDGE
YAN
CT-MCK
