Karnataka High Court
Smt.Rukumavva vs Smt.Kamalavva on 6 July, 2023
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NC: 2023:KHC-D:6807-DB
RFA No. 100011 of 2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 100011 OF 2017 (DEC/PAR)
BETWEEN:
1. SMT. RUKUMAVVA LATE: RAMAPPA AMADLA,
AGE: 51 YEARS, OCC: HOUSEWIFE,
R/O: KIRESUR, TAL: HUBBALLI-581209.
2. SHRI. GIRISH S/O. RAMAPPA AMADLA,
AGE: 23 YEARS, OCC: HOUSEWIFE,
R/O: KIRESUR, TAL: HUBBALLI-581209.
Digitally signed
by GIRIJA A
BYAHATTI
Location:
HIGHCOURT
3. MISS. MANJAVVA D/O. RAMAPPA AMADLA,
GIRIJA A
BYAHATTI
OF
KARNATAKA-
DHARWAD
AFTER MARRIAGE MANJULA W/O. VENKATESH
BENCH
Date:
2023.07.12
16:01:25
@ VENKATAREDDY RAMENHALLI,
+0530
AGE: 23 YEARS, OCC: HOUSEWIFE,
R/O: KIRESUR, TAL: HUBBALLI-581209.
4. MISS. ANJAVVA D/O. RAMAPPA AMADLA,
AFTER MARRIAGE PRATIKASHA SHANKAR
GULAGANDI, AGE: 21 YEARS, OCC: HOUSEWIFE,
R/O: KIRESUR, TAL: HUBBALLI-581209.
...APPELLANTS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. SMT. KAMALAVVA W/O. LATE RAMAPPA AMADLA,
AGE: 58 YEARS, OCC: HOUSEWIFE,
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RFA No. 100011 of 2017
R/O: KIRESUR, NOW AT TIRLAPUR,
TAL: HUBBALLI-581208.
2. SMT. PADMAVATHI
W/O. SHEKAPPA @ MELGERAPPA ADADLE,
AGE: 58 YEARS, OCC: TEACHER,
R/O: KIRESUR, TAL: HUBBALLI-581209.
3. JAGANATH
S/O. SHEKAPPA @ MELGERAPPA ADADLE,
AGE: 58 YEARS, OCC: TEACHER,
R/O: KIRESUR, TAL: HUBBALLI-581209.
4. PRAVEEN
S/O SHEKAPPA @ MELGERAPPA ADADLE,
AGE: 24 YEARS, OCC: STUDENT,
R/O: KIRESUR, TAL: HUBBALLI-581209.
5. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER,
D.C. COMPOUND, DHARWAD-580001.
6. THE COMMISSIONER OF POLICE,
NAVANAGAR, HUBBALLI-580025.
7. SMT. LAXMI @ LACHCHAVVA W/O. GURAPPA
BIRASAL, AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O: ANNIGERI, TAL: NAVALGUND-582201,
C/O. VASANTRADDI, KIRESUR,
UNKAL CROSS, HUBBALLI-580031.
8. SMT. BASAVVA W/O. VENKAPPA BIRASAL,
SINCE DIED BY LRS.
8A. RAJEEVA S/O. VENKAPPA BIRASAL,
AGE: 54 YEARS, OCC: SERVICE,
R/O: 3RD MAIN, 7TH CROSS, K.R. NAGAR,
HARIHARA, TAL: HARIHAR,
DIST: DAVANAGERE-577601.
8B. GEETA D/O VENKAPPA BIRASAL,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
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RFA No. 100011 of 2017
R/O. C/O: VIDYADHAR DHAKAPPANAVAR,
R.S NO. 402B, PLOT NO. 25,
SHIGGAVI LAYOUT, GADAG-582101.
8C. PUSHPA W/O. HANUMAREDDI JAKKARADDI,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O:POST: MANAKUR, TAL: RANEBENNUR,
DIST: HAVERI-581208.
8D. SAVITABAI D/O. VENKAPPA BIRASAL,
(AFTER MARRIAGE SAVITABAI W/O. RAVI)
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: POLICE QUARTERS, BETAGERI, GADAG-52102.
9. PADMAVATI W/O. TIMMARADDI KANAKARADDI,
AGE: 63 YEARS, OCC: HOUSEWIFE,
R/O: ANNIGERI, TAL: NAVALGUND-582201.
...RESPONDENTS
(BY SRI. RAJASHEKHAR B HALLI, ADV. FOR R1,
SRI. SHARAD V. MAGADUM, ADV. FOR R2 TO R4,
SRI. M.H. PATIL, HCGP FOR R5 & R6,
SRI. S.B. PATIL, ADV. FOR R7 TO R9,
SRI. NAVEEN CHATRAD, ADV. FOR R8A TO R8D).
THIS RFA IS FILED UNDER SEC. 96 R/W ORDER 41 RULE
1 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE
DTD:14.11.2016 PASSED IN O.S.NO.337/2013 ON THE FILE OF
THE III ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ASHOK S. KINAGI J., MADE THE FOLLOWING:
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RFA No. 100011 of 2017
ORDER
This appeal is filed by defendants No.1 to 4 against the judgment and decree dated 14.11.2016 passed in O.S.No.337/2013 by the III Addl. Senior Civil Judge, Hubballi.
2. Parties are present before the Court today along with their counsel. They have been identified by their respective counsel. Parties have filed compromise petition. The compromise petition reads as under:
"1.That the respondent No.1/plaintiff filed suit for Declaration and partition and separate possession in OS No.337/2013 before the III Addl. Senior Civil Judge, Hubballi and same came to be decreed by judgment and decree dated 14/11/2016 holding that the plaintiff/ respondent No.1 legally wedded of wife Ramappa Rayappa Amadla and granted share in the suit properties.
2. That the appellants/defendant No.1 to 4 being aggrieved by the judgment and decree dated 14/11/2016 in OS no. 337/2013 passed by the III Addl. Senior Civil Judge, Hubballi preferred above appeal and during pendency of appeal, the appellants and respondent (plaintiff and defendants) have settled -5- NC: 2023:KHC-D:6807-DB RFA No. 100011 of 2017 the disputes/lis amibically at the instants of the elders of village and elder family members as under.
3. That the appellants/defendant No.1 to 4 and respondent No.1/plaintiff have settled the disputes/lis amibically at the instants of the elders of village and elder family members as under.
a) That the plaintiff/defendant No.1 undertake that the respondent No.1/plaintiff will not claim any right, title interest of what so ever, over suit scheduled properties, service benefits of late Ramappa Rayyappa Amadla, or/and any other properties left by late Ramappa Rayappa Amadla and admits that the appellant No.1/defendant No.1 is wife is legally wedded wife of late Ramappa Rayyappa Amadla and appellant No. 2 to 4/defendant No. 2 to 4 are children of late Ramappa Rayyappa Amadla.
b. That the plaintiff/respondent No.1 has agreed to receive Rs. 6,00,000/- (six lakhs) towards full and settlement.
c. That the appellants /defendant No.1 to 4have agreed to pay sum of Rs. 6,00,000/- to the respondent No.1/plaintiff towards full and final settlement.
4. That the appellants/defendant No.1 to 4, respondent No. 2 to 4 & 7 to 9/Defendant No. 5 to 7 & 10 to 12 have settled the disputes/lis amibically at the -6- NC: 2023:KHC-D:6807-DB RFA No. 100011 of 2017 instants of the elders of village and elder family members as under
a. That the appellants/defendant No.1 to 4 and respondent No.2 to 4/defendant No. 5 to 7 have agreed to pay sum of Rs. 1,00,000/- to the each of the respondent No. 7 LRs of respondent No. 8 i.e., Respondent No. 8 (a) to 8(d) and 9/defendant No. 10 to 12 i.e., Rs. 3,00,000/- towards full and final settlement. b. That the respondent No. 7, LRs of respondent No. 8 i.e. Respondent No. 8 (a) to 8 (d) and 9/defendant No. 10 to 12 undertake that they will not claim any right, title, interest of what so ever, over suit properties Rayappa and any other properties left by late Rayappa Tirakappa Amdla.
c. That the respondent No. 7 LRs of respondent No. 8 i.e, respondent No. 8 (a) to 8(d) and 9/defendant No. 10 to 12 have agreed to receive Rs. 1,00,000/- (one lakhs in cash) each i.e Rs. 3,00,000/- towards full and settlement.
d. That the following properties are allotted to the share of appellants/defendant No. 1 to 4.i. R.S No. 194/2 measuring 2 Acres 37
Gunthas situated at Hebasur village of Hubballi Taluka and Dist: Dharwad.-7-
NC: 2023:KHC-D:6807-DB RFA No. 100011 of 2017 ii. R.S No. 632/4 measuring 02 Acres 04 Gunthas out of 4 Acre 07 Gunthas situated at Hebasur village of Hubballi Taluka and Dist: Dharwad (respondent No. 2 to 4/defendant No. 5 to 7 and appellants/defendant No. 1 to 4 have canal road i.e. right of way) Boundaries North Side R. S No.632/3 Part R. S No. 632/4 South Side fallen to share of Respondent No. 2 to 4/deft No.7 to 9 i.e., 2 Acre 03 Gunthas East Side R. S No. 638 West Side R. S No. 631 iii. R. S No. 9999/9 (Plot No.9) measuring 02 Gunthas out of 5 Gunthas situated of Kiresur, Tal: Hubballi, Dist: Dharwad.
Boundaries North side Shettar and Ningappa Somangoudar South Side Road East Side Part of plot No.9 (R.S No. 9999/9) fallen to Respondent No. 2 to 4/deft No. 7 to 9 i.e. 3 Guntha.
West Side Plot No.8 of Pandurang A Pamali iv. Property bearing No. 103/H open space situated of Kiresur, Tal: Hubbali, Dist:
Dharwad.-8-
NC: 2023:KHC-D:6807-DB RFA No. 100011 of 2017 And the respondent No. 2 to 4 & 7 to 9/defendant No. 5 to 7 & 10 to 12 have relinquished their right, title, interest over properties at clause (d) in favour of appellants/defendant No. 1 to 4.
e. That the following properties are allotted to the share of respondent No. 2 to 4/defendant No. 5 to 7.i. R.S No. 35/3 measuring 1 Acres 35
Gunthas situated at Hebasur village of Hubballi Taluka and Dist: Dharwad.ii. R.S No. 37/3 measuring 1 Acres 12
Gunthas situated at Hebasur village of Hubballi Taluka and Dist: Dharwad.iii. R.S No. 632/4 measuring 2 Acres 03
Gunthas out of 4 Acres 07 Gunthas situated at Hebasur village of Hubballi Taluka and Dist: Dharwad (respondent No. 2 to 4/defendant No. 5 to 7 and appellants/defendant No. 1 to 4 have canal road i.e. right of way) Boundaries North Side Part R.S No. 632/4 fallen to share of appellants/deft No. 1 to 4 i.e. 2 Acre 04 Gunthas.South Side R.S No. 632/2
East Side R.S No.638
West Side R.S No.631
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RFA No. 100011 of 2017
iv. R.S No. 9999/9 (Plot No.9) measuring 2
Gunthas out of 5 Gunthas situated of Kiresur, Tal: Hubballi, Dist: Dharwad Boundaries North side Shettar and Ningappa Somangoudar South Side Road East Side Plot No. 10 of Shivappa Nagavi.
West Side Part of Plot No. 9 (R.S No. 9999/9) fallen to respondent No. 2 to 4/deft No. 7 to 9 i.e 3 Guntha v. Property bearing No. 103/H Old House situated at Kiresur, Tal: Hubballi, Dist:
Dharwad.
And the respondent No. 2 to 4 & 7 to 9/defendant No.5 to 7 & 10 to 12 have relinquished their right, title, interest over properties at clause (e) infavour of appellants/defendant No. 1 to 4.
5. That the compromise arrived between parties is with free will and without any force, fraud or under influence.
That the contents of the above paras of the compromise petition are read to us (appellants and respondent No. 1 to 4 and 7 to 9) and contents are true and correct to the best of my knowledge, information and belief."
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3. The compromise petition was read over and explained to the parties. They have agreed to the terms and conditions mentioned in the compromise petition.
4. The compromise petition was placed on record.
5. Learned counsel for the appellants have handed over cash of Rs.6,00,000/- (Rupees Six Lakh Only) in terms of compromise petition to the respondent No.1 and she acknowledges the receipt of Rs.6,00,000/- from the Respondents No.7, 8 and 9 accepted Rs.1,00,000/- (Rupees One Lakh Only) each from the appellants and respondents No.2 to 4 and they have acknowledged the receipt for having received Rs.1,00,000/- from the appellants and respondents No.2 to 4.
Accordingly, the petition is disposed of in terms of the compromise petition. Draw decree accordingly.
In view of disposal of the main appeal, I.A.2/2017 does not survive for consideration.
Sd/-
JUDGE Sd/-
JUDGE gab/ct-abn.
List No.: 1 Sl No.: 24