Karnataka High Court
Sugala Devi vs Arun on 20 March, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 200106 OF 2020 (PAR)
C/W
RFA CROSS OBJ NO. 200002 OF 2022
IN RFA NO.200106/2020
BETWEEN:
1. SUGALA DEVI W/O GURANNA VADI,
SINCE DECEASED BY HER LEGATEE,
AGE 76 YEARS,
LEGAL REPRESENTATIVE
AS PER REGD. WILL DEED.
(A) PRADEEP S/O GURANNA VADI,
Digitally signed by
SACHIN AGE 63 YEARS, OCC : AGRICULTURE,
Location: High
Court of Karnataka
(B) ANIL KUMAR S/O GURANNA VADI,
AGE 61 YEARS, OCC : AGRICULTURE,
2. PRADDEP S/O GURANNA VADI,
AGE 63 YEARS, OCC : AGRICULTURE,
3. ANIL KUMAR S/O GURANNA VADI,
AGE 61 YEARS, OCC : AGRICULTURE,
4. VINAY S/O SATISH PATIL,
AGE 45 YEARS, OCC : AGRICULTURE,
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RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
5. SATISH S/O BHOJRAJ PATIL,
AGE 73 YEARS, OCC : AGRICULTURE,
All R/O H.NO. 4-12-10/4-12-11,
NEAR KAMAL NEHRU PARK,
YADGIRI CITY, TQ. AND DIST - YADGIRI.
...APPELLANTS
(BY SRI B D HANGARKI, ADVOCATE)
AND:
1. ARUN S/O GURANNA VADI,
AGE 67 YEARS, OCC : AGRICULTURE,
SINCE DECEASED BY HIS LRS
ALREADY ON RECORD AS
RESPONDENTS NO.2 TO 4.
2. SMT. PARAGATI W/O ARUN VADI,
AGE 62 YEARS, OCC : HOUSEWIFE,
3. CHETAN S/O ARUN VADI,
AGE 37 YEARS, OCC : AGRICULTURE,
4. KUMARI VIJETA D/O ARUN VADI,
AGE : 25 YEARS, OCC : AGRICULTURE,
R/O H.NO. 4-12-10/4-12-11
NEAR KAMAL NEHRU PAR,
YADGIRI CITY,
TQ AND DIST : YADGIR
NOW AT R/O PLOT NO. 55,
H.NO. 1-892/5/1,
SADASHIVANAGAR,
OLD JEWARGI ROAD,
NEAR P AND T QUARTERS,
KALABURAGI - 585103.
5. RASHMI D/O SATISH PATIL
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RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
AGE 42 YEARS, OCC : AGRICULTURE,
R/O H.NO. 4-12-10/4-12-11,
NEAR KAMAL NEHRU PARK,
YADGIRI CITY, TQ AND DIST- YADGIRI - 585201.
...RESPONDENTS
(NOTE : APPELLANT NO.1(A) AND (B) ARE THE LEGATEE'S
UNDER THE REGISTERED WILL DEED EXECUTED BY DECEASED
APPELLANT NO.1 SUGLA DEVI AND HENCE THEY ARE
REPRESENTING HER AS LEGATEE'S.
(BY SRI N.B.DIWANJI, ADVOCATE FOR R1 TO R4;
R5 IS SERVED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO ALLOW THIS APPEAL BY SETTING ASIDE THE IMPUGNED
JUDGMENT AND DECREE DATED 26.04.2019 PASSED IN O.S.
NO.34/2013 BY THE SENIOR CIVIL JUDGE AT YADGIR, AND
THEREBY DECREE THE SUIT OF THE PLAINTIFFS WITH COSTS
THROUGHOUT IN THE INTEREST OF JUSTICE.
IN RFA CROB NO.200002/2022
BETWEEN:
ARUN S/O GURANNA VADI,
AGE : 68 YRS, OCC : AGRICULTURE,
R/O H.NO.4-12-10/4-12-11,
NEAR KAMAL NEHRU PARK
YADGIR CITY,
TQ AND DIST YADGIRI - 585222
DEAD BY LRS
1. SMT. PARAGATI W/O ARUN VADI,
AGE 68 YEARS, OCC : HOUSEHOLD,
2. CHETAN S/O ARUN VADI,
AGE 39 YEARS,
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RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
OCC : AGRICULTURE,
3. KUMARI VIJETA D/O ARUN VADI,
AGE : 26 YEARS, OCC : STUDENT,
ALL ARE R/O H.NO. 4-12-10/4-12-11
NEAR KAMAL NEHRU PARK,
YADGIRI CITY, TQ AND DIST : YADGIR.
...CROSS OBJECTORS
(BY SRI N B DIWANJI, ADVOCATE)
AND:
1. SUGULA DEVI W/O GURANNA WADI,
SINCE DECEASED BY HER
LRS CROSS OBJECTORS
APPELLANT AND RESPONDENT NO.2 AND 3
2. PRADEEP S/O GURANNA WADI,
AGE : 64 YEARS, OCC : AGRICULTURE,
3. ANILKUMAR S/O GURANNA WADI,
AGE : 62 Years, OCC : AGRICULTURE,
4. VINAY S/O SATISH PATIL,
AGE : 46 Years, OCC : AGRICULTURE,
5. RASHMI D/O SATISH PATIL,
AGE : 43 years, OCC : AGRICULTURE,
6. SATISH S/O BHOJRAJ PATIL
AGE : 74 years, OCC : AGRICULTURE,
ALL ARE R/O YADGIR CITY,
TQ. AND DIST : YADAGIRI - 585222.
...RESPONDENTS
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RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
(NOTE : DEFENDANT NO.2 TO 4 ARE MY WIFE AND CHILDREN,
MY COUNTER CLAIM IS NOT AGAINST THEM HENCE NOT MADE
A PARTY)
THIS RFA CROB FILED IS UNDER ORDER XLI RULE XXII
OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 26.04.2019 IN O.S. NO.34/2013 PASSED BY THE
SENIOR CIVIL JUDGE, AT YADGIR (THE COURT OF THE SENIOR
CIVIL JUDGE AT YADGIR), INSOFAR AS IT REJECTS/
DISMISSES THE COUNTER CLAIM OF APPELLANT NO.1/
DEFENDANT NO.1 AND PASS SUCH OTHER ORDER OR ORDERS
AS THIS HONOURABLE COURT MAY DEEM FIT, PROPER AND
NECESSARY AND EXPEDIENT IN THE CIRCUMSTANCES OF THE
ABOVE CASE.
THIS REGULAR FIRST APPEAL AND RFA CROSS
OBJECTION COMING ON FOR ORDERS, THIS DAY, THIS DAY
RAMACHANDRA D.HUDDAR, J., MADE THE FOLLOWING:
JUDGMENT
The appellants No.1(a) and (b) who are appellants No.2 and 3 are present. So also appellants No.4 and 5 are present. Respondents No.2 and 3 are present. Respondent No.2 is the General Power of Attorney Holder of respondent No.4. General Power of Attorney is produced.
2. A memo is filed to dismiss the Regular First Appeal and cross-objection of the appellants/cross objectors against respondent No.5.
-6-RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
3. In view of the contents of the memo, appeal as well as cross-objection against respondent No.5 are dismissed.
4. Compromise petition is filed Under Order 23 Rule 3 of Code of Civil Procedure. The contents of the compromise petition are read over and explained to the parties who are present before the Court in Kannada in the language known to them. They admit the contents of the compromise petition.
5. We are satisfied.
6. In view of the compromise entered into between the appellants and respondents No.2 to 4, the appeal of the appellants is disposed of in terms of compromise petition.
7. There shall be final decree in terms of the compromise petition.
8. The parties to the compromise petition are directed to pay the stamp duty in respect of their respective shares to draw the final decree proceedings.
9. Draw final decree after furnishing stamp duty.
10. RFA CROB No.200002/2022 is dismissed as prayed. -7- RFA No. 200106 of 2020
C/W RFA.CROB No. 200002 of 2022
11. In view of disposal of the appeal, I.A.No.3/2020 does not survive for consideration. Accordingly, it is dismissed.
Parties to bear their own cost.
Sd/-
JUDGE Sd/-
JUDGE SN List No.: 1 Sl No.: 3