Karnataka High Court
Shri Abasaheb Chandrappa Desai vs Shri Veerbhadrappa Chandrappa Desai on 7 October, 2013
Bench: K.L.Manjunath, A.N.Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF OCTOBER 2013
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA
Regular First Appeal No.3006/2009
(Part. & Sep. Pos.)
C/w.
Regular First Appeal No.3029/2009
(Part. & Sep. Pos.)
In RFA No.3006/2009
BETWEEN:
Shri Abasaheb Chandrappa Desai
Age: 72 years, Occ: Agriculture,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006,
By his power of attorney holder
Shri Vikram Abasaheb Desai
Age: 43 years, Occ: Agriculture,
R/o. Tallur-591170,
Tq: Soundatti, Dist: Belgaum.
...Appellant
(By Sri V.R.Datar, Advocate.)
2
A N D:
1. Shri Veerbhadrappa Chandrappa Desai
Age: Major, Occ: Agriculture,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
2. Smt.Girijadevi W/o.Chandrakant Desai
Age: Major, Occ: Household,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006.
3. Shri Rajendra Chandrakant Desai
Since deceased, by his L.Rs.
3A. Smt.Anita W/o.Rajendra Desai
Age: 40 years, Occ: Household,
R/o.Tallur-591170,
Tq: Soundatti, Dist: Belgaum.
3B. Kumar Praful Rajendra Desai
Age: 16 years, Occ: Student,
Being minor, represented by his
Guardian natural mother
Smt.Anita Rajendra Desai, Respondent No.3A.
4. Shri Anilkumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006.
5. Shri Vinayakumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006.
3
6. Shri Sanjaykumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006.
7. Smt.Sheeladevi W/o.B.S.Pratap
Age: Major, Occ: Household,
R/o.Kumarhalli Estate,
Near Somawar Santhi, Dist: Hassan.
8. Smt.Jayashree W/o.Basavraj Desai
Age: Major, Occ: Household,
R/o.Yadahalli-587329,
Tq: Bilagi, Dist: Bagalkot.
9. Smt.Sumitradevi @ Sumadevi
W/o.Veerabhadrappa Desai
Age: Major, Occ: Household,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
10. Smt.Sujata W/o.Rajendra Kalyanshetty
Age: Major, Occ: Household,
R/o.38, 8 t h Main, Vasant Nagar,
Bangalore-560052.
On the date of suit she was
Residing at Katkol, Tq: Ramdurg,
Now she is residing at Bangalore.
11. Shri V.G.Teggi
Age: Major, Occ: Pensioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
12. Dr.N.R.Munoli
Age: Major, Occ: Medical Practitioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
4
13. Shri S.G.Gurav
Age: Major, Occ: Service,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
14. Shri R.M.Sajjanar
Age: Major, Occ: Pensioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
15. Shri C.G.Kulkarni
Age: Major, Occ: Business,
R/o. Balekundri-591103,
Tq: & Dist: Belgaum.
16. Shri Basagouda Gangappa Goudar
Age: Major, Occ: Pensioner,
R/o. Tallur-591170,
Tq: Soundatti.
17. The State of Karnataka,
By Deputy Commissioner, Belgaum,
Belgaum-590001.
(Deleted, vide order dated 7.10.2013.)
...Respondents
(By Sri Murughendra S. Wantmuri, Advocate, for R.1,
R.9 and R.10,
Sri A.P.Murari, Advocate, for R.2, R.3A, R.3B and R.4
to R.6,
R.7 and R.8 are served but unrepresented,
R.11, R.14 are dead,
R.12, R.13, R.15, R.16 are served but unrepresented,
R.17 - deleted.)
5
This Regular First Appeal is filed under Section
96 of CPC, against the judgment and decree dated
9.1.2009, passed in O.S.No.215/1999, on the file of
the III Addl. Civil Judge (Sr.Dn.), Belgaum, filed for
partition and separate possession, etc.,.
In RFA No.3029/2009
BETWEEN:
1. Smt.Girijadevi W/o.Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
2. Shri Anilkumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
3. Shri Vinayakumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
4. Shri Sanjaykumar Chandrakant Desai
Age: Major, Occ: Agriculture,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
5. Smt.Anita W/o.Rajendra Desai
Age: Major, Occ: Household work,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
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6. Master Praful S/o.Rajendra Desai
Age: 15 years, Occ: Student,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
Since minor, represented by his
Next friend and natural guardian
Mother appellant No.5.
...Appellants
(By Sri A.P.Murari, Advocate.)
A N D:
1. Shri Abbasaheb Chandrappa Desai
Age: 72 years, Occ: Agriculture,
R/o.179, Budhawar Peth,
Tilakwadi, Belgaum-590006,
2. Shri Veerbhadrappa Chandrappa Desai
Age: Major, Occ: Agriculture,
R/o.Budhawar Peth,
Tilakwadi, Belgaum-590006.
3. Smt.Sheeladevi W/o.B.S.Pratap
Age: Major, Occ: Household,
R/o.Kumarhalli Estate,
Near Somuwar Santi,
Dist: Hassan-573201.
4. Smt.Jayashri W/o.Basavraj Desai
Age: Major, Occ: Household work,
R/o.Yadahalli, Tq: Bilagi,
Dist: Bagalkot-587329.
5. Smt.Sumitradevi @ Sumadevi
W/o.Veerabhadrappa Desai
7
Age: Major, Occ: Household work,
R/o.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
6. Smt.Sujata W/o.Rajendra Kalyanshetty
Age: Major, Occ: Household work,
R/o.Police Quarters, Katakol,
Tq: Ramdurg, Dist: Belgaum-590006.
7. Shri V.G.Teggi
Age: Major, Occ: Pensioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
8. Dr.N.R.Munoli
Age: Major, Occ: Medical Practitioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
9. Shri S.G.Gurav
Age: Major, Occ: Service,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
10. Shri R.M.Sajjanar
Age: Major, Occ: Pensioner,
R/o. CTS No.156, Budhawar Peth,
Tilakwadi, Belgaum-590006.
11. Shri C.G.Kulkarni
Age: Major, Occ: Business,
R/o. Balekundri,
Tq: & Dist: Belgaum-590006.
12. Shri Basavagouda Gangappa Goudar
Age: Major, Occ: Pensioner,
R/o. Tallur-591170, Tq: Soundatti.
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13. The State of Karnataka,
By Deputy Commissioner, Belgaum,
Belgaum-590001.
(Deleted, vide order dated 7.10.2013.)
...Respondents
(By Sri V.R.Datar, Advocate, for R.1,
Sri Murughendra S. Wantmuri, Advocate, for R.2, R.5
and R.6,
Sri R.M.Kulkarni, Advocate, for R.8,
R.3, R.4, R.9 and R.12 are served but unrepresented,
R.7, R.10 are dead,
R.11 - dispensed with,
R.13 - deleted.)
This Regular First Appeal is filed under Section
96 read with Order 41 Rule 1 of CPC, 1908, against
the judgment and decree dated 9.1.2009, passed in
O.S.No.215/1999, on the file of the III Addl. Civil
Judge (Sr.Dn.), Belgaum, decreeing the suit filed for
partition and separate possession, etc.,.
These Appeals coming on for final hearing this
day, K.L.Manjunath, J, delivered the following:
JUDGMENT
These appeals are filed aggrieved by the judgment and decree passed in O.S.No.215/1999, dated 9.1.2009, passed by the III Addl. Civil Judge 9 (Sr.Dn.), Belgaum, wherein the suit of the plaintiff has been decreed in part holding that the plaintiff has got 1/3 r d share in suit B (Part-I & II) schedule property by denying the share in respect of the other properties. Defendants have filed the appeal aggrieved by the decree granted in favour of the plaintiff. The plaintiffs have also filed an appeal aggrieved by the non granting of share in respect of the remaining properties. After hearing the matter the matter was referred to mediation. The matter was mediated in the mediation center. The parties have agreed to settle their dispute before the mediator.
2. In terms of the agreement, today they have filed a compromise petition, which is signed by all the parties except the Deputy Commissioner, Belgaum, who is respondent No.17 in RFA No.3006/2009 and respondent No.13 in RFA No.3029/2009. A memo is filed by the learned counsel appearing for the concerned appellants 10 requesting the Court to delete the Deputy Commissioner, Belgaum, in appeals, who was not a party before the trial Court. Accordingly, the appellants are permitted to delete the Deputy Commissioner, Belgaum, in both the appeals.
3. The compromise petition is signed by all the parties and their respective Advocates. They are present before the Court. They have been identified by their respective Advocates. In terms of the compromise, the judgment and decree passed by the III Addl. Civil Judge (Sr.Dn.), Belgaum, in O.S.No.215/1999, dated 9.1.2009 is set aside and modified. Registry is directed to draw the modified final decree in terms of the compromise.
I.A.No.1/2013 filed in both the appeals for impleading is rejected in view of the settlement arrived at between the parties and if the impleading applicants have any right, their rights are to be adjudicated separately and also I.A.No.1/2012 filed 11 in both the appeals for additional evidence also stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE Mrk/-