Ravi Kumar vs Smt. Vidyavathi
2025 Latest Caselaw 10184 Kant

Karnataka High Court

Ravi Kumar vs Smt. Vidyavathi on 13 November, 2025

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                              -1-
                                                          NC: 2025:KHC-K:6824
                                                       RSA No. 200392 of 2017


                   HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                       DATED THIS THE 13TH DAY OF NOVEMBER, 2025

                                           BEFORE
                            THE HON'BLE MR. JUSTICE M.G.S.KAMAL


                     REGULAR SECOND APPEAL NO.200392 OF 2017 (INJ)
                   BETWEEN:

                   RAVI KUMAR
                   S/O NARASIMHALU YADLAPUR,
                   AGE: 43 YEARS, OCC: BUSINESS,
                   R/O H.NO.: 9-10-21, MADDIPETE, RAICHUR.
                                                                 ...APPELLANT

                   (BY SRI. SHARANABASSAPPA K. BABSHETTY, ADVOCATE)

                   AND:

                   SMT. VIDYAVATHI
Digitally signed   W/O ANIL KUMAR KSHEERASAGAR,
by                 AGE: 39 YEARS, OCC: CLEARK IN THE
KHAJAAMEEN
MALAGHAN           STATE BANK OF INDIA, MAIN BRANCH,
Location: HIGH     OPP: S.N.T TALKIES, RAICHUR-584101
COURT OF                                                       ...RESPONDENT
KARNATAKA          (BY SRI. R. J. BHUSARE, ADVOCATE)

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   PRAYING TO ALLOW THIS APPEAL AND SET-ASIDE THE
                   JUDGMENT AND DECREE DATED 04/09/2017, PASSED BY THE
                   PRL. SENIOR CIVIL JUDGE AND C.J.M AT RAICHUR, IN
                   R.A.NO.71/2016 AND RESTORE THE JUDGMENT AND DECREE
                   DATED 18/04/2016 PASSED BY THE I ADDL. CIVIL JUDGE, AT
                   RAICHUR, IN O.S.NO.147/2009.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                     -2-
                                                NC: 2025:KHC-K:6824
                                             RSA No. 200392 of 2017


HC-KAR




CORAM:       HON'BLE MR. JUSTICE M.G.S.KAMAL

                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

This appeal by the plaintiff aggrieved by the

judgment and decree dated 04.09.2017 passed in

R.A.No.71/2016 on the file of Principal Senior Civil Judge

and CJM, Raichur (hereinafter referred to as "First

Appellate Court") by which the First Appellate Court while

allowing the appeal filed by the defendant had set aside

the judgment and decree dated 18.04.2016 passed in

O.S.No.147/2009 on the file of I. Additional Civil Judge,

Racihur.

02. The above suit is filed by the plaintiff for relief

of permanent injunction in respect of open house plot

bearing No.108 measuring 18 mtrs x 12 mtrs = 216 mtrs

(north - south = 18 mtrs and east-west = 12 mtrs). Out

of which an area measuring 15 x 40 mtrs is the portion

towards northern side, formed N.A. land bearing

Sy.No.892/1A and 893/A, situated at Bolmandoddi road,

Raichur.

NC: 2025:KHC-K:6824

HC-KAR

03. It is the case in the plaintiff that he is the owner

in exclusive possession of the aforesaid property having

purchased the same in terms of deed of sale dated

12.09.2002. That defendant without any right over the

suit property had started construction by laying foundation

of the house trying to encroach upon the suit property

belonging to plaintiff.

04. The case of the defendant on the other hand is

that she is the owner of Plot No.99 measuring 12 x 18

forming part of Survey No.892/1/A and 893/A having

purchased the same in terms of deed of sale dated

21.08.20018 and that she has not encroached upon any

partition of the property of the plaintiff.

05. The Trial Court had decreed the suit of the

plaintiff as sought for. However, the First Appellate Court

set aside the same. Aggrieved by which, the plaintiff is

before the Court.

NC: 2025:KHC-K:6824

HC-KAR

06. Today a compromise petition under Order XXIII

Rule 3 read with Section 151 of CPC is filed. The parties

are personally present. The parties are being identified by

their respective counsel. The terms of the compromise as

agreed by the parties read as under:-

"COMPROMISE PETITION UNDER ORDER XXIII RULE 3, READ WITH SECTION 151. OF. C.P.C.

The Appellant / Plaintiff and Respondent / Defendant submits this Compromise Petition is as under:-

1) That, the Appellant / Plaintiff is the owner in possession of the Plot No.108 measuring 12 Mtrs (East-West) x 18 Mtrs (North-South) = 216 8q.

Mtrs. In the N.A. Lands Sy.No.892/1A and 893/A, at Bolamanadoddi Road, area, Raichur, as per the Reg. Sale Deed Document No.1900 / 2002-03, dated 12-09-2002 and Mutation effected in his name from the CMC, Raichur, likewise the Respondent / Defendant is the owner in possession of the Open Plot bearing No.99 with Municipal No. 8-11-200 / 118 and PID No.21-6-676-199, measuring 12 Mtrs. (East-West) x 18 Mtrs. (North- South) = 216 54 Mirs. In the same N.A. Land showed above, situated at Bolamanadoddi Road, through Regd. Sale Deed Document No.3254 / 2008-09, dated 21-08-2008, and Mutation effected in her name by CMC, Raichur.

2) That, the Plot No.99 of the Respondent / Defendant is situated towards Northern Side of the Plot No.108, which pertains to the Appellant / Plaintiff in the same lands and also in the common Residential Layout, which is commonly called and known as "NGO's Colony",

3) That, the CMC of Raichur, has formed 60 Feet wide Road towards Northern side of the Plot of the Defendant / Respondent, as such without

NC: 2025:KHC-K:6824

HC-KAR

acquisition of the area of the Plot No.99 i.e., towards Northern side, some extent of measurement of Plot of the Defendant / Respondent is decreased to the extent of measurement of Plot No.99 is as instead of 12 Mtrs. (East-West) x 16.46 + 16.81/2 Mtrs. (North-South) = 199.62 Sq. Mtrs. Instead of a 12 Mtrs. X 18 Mtrs, = 216 Sq. Mtrs. So in view of this, the Respondent / Defendant lost some extent of area of her Plot without acquisition by the CMC, Raichur.

4) That, in view of the said changed circumstances and decreasing of measurement of Plot No.99 occurred in the absence of Defendant / Respondent, so knowing of this and also advise of the elders, the both parties to the suit have settled the matters amicably to stop the dispute in respect of the Plots is as under:-

i) The Appellant / Plaintiff now present is the owner and in possession of the Plot No.108, measuring to the extent of 12 Mtrs. X 18 Mtrs. = 216 Sq. Mtrs.

and the Respondent / Defendant is the owner of the Plot No.99 to the extent of 12 Mtrs. (East-West) x 16.46 + 16.81/2 Mtrs. (North-South) = 199.62 Sq. Mtrs. situated at Bolamanadoddi road area of Raichur and the both parties amicably admitted the said measurements and their ownership for further development without disputing the Sale Deed measurement of the Plots in further.

ii) The Sketch Map is also annexed to this Petition for clarity of this Compromise Petition for disposal of the matter in between the parties.

iii) That, the parties of this Compromise Petition shall not make any claims and demands and raise any type of disputes in future in view of this terms of Compromise Petition entered between the parties in respect of their respective Plots. Therefore, the Plaintiff / Appellant and Respondent / Defendant herein prays for Compromise the matter according to the terms as stated above, in the ends of justice.

Hence, this Compromise Petition."