Karnataka High Court
Arun, S/O.Mahadev Sathe vs Hasansab Allasab Pendari on 13 July, 2017
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2017
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO. 5333/2009 (SP)
BETWEEN:
1. ARUN S/O.MAHADEV SATHE
SINCE DECEASED BY HIS LRS.
1(A) SMT. SAROJA ARUN SATHE,
AGE 62 YEARS, OCC: RETD.
R/O: SAPTAPUR, 8TH CROSS,
DHARWAD.
1(B) RESHMA D/O ARUN SATHE
AGE: 40 YEARS,
OCC:HOUSEHOLD WORK
R/O: SAPTAPUR, 8TH CROSS,
DHARAD.
... APPELLANTS
(BY SRI. RAMAKRISHNA HEGDE, ADVOCATE)
AND :
1. HASANSAB ALL ALLASAB PENDARI
SINCE DECEASED BY HIS L.RS.
1(A) SMT. AMINA W/O NAZEERAHMAD
DHARWADKAR PENDARI.
AGE:51 YEARS,
OCC: HOUSE-HOLD.
R/O: VANASHREENAGAR,
SATTUR, DHARWAD.
1(B) SMT. KHAIRUNISA
W/O ABDULHAMEED SHAIKH
AGE:47 YEARS,
OCC:HOUSE-HOLD,
R/O: VANASHREENAGAR,
:2:
SATTUR, DHARWAD.
1(C) SMT.RAJMA
W/O NAZEERAHMAD SHAIKH
AGE: 49 YEARS,
OCC:HOUSE HOLD,
R/O HAVERI PETH,
SAVADATTI ROAD, DHARWAD.
1(D) SMT. CHANDBI
W/O GOUSASAB PENDARI
AGE:27 YEARS,
OCC: HOUSE HOLD,
R/O:SAPTAPUR, DHARWAD,
1(E) SMT. MEHABOOBI
W/O WAJIRSAB BARIGIDAD
AGE:25 YEARS,
OCC:HOUSE HOLD,
R/O: YAKKUNDI VILLAGE,
SAVADATTI,
DIST:BELAGAVI.
1(F) SMT. FATIMA
W/O YUSUF KALADAGI
AGE:23 YEARS,
OCC: HOUSE HOLD,
R/O: JAVALI GALLI, GADAG,
1(G) AMINSAB
S/O HASENSAB PENDARI,
AGE:45 YEARS,
OCC: AGRICULTURE
1(H) MEHABBOBSAB
S/O HASENSAB PENDARI
AGE:42 YEARS,
OCC: AGRICULTURE.
1(I) MOHAMMADALI
S/O HASENSAB PENDARI
AGE: 37 YEARS,
OCC: AGRICULTURE.
1(J) ISMAILSAB
S/O HASENSAB PENDARI
AGE: 35 YEARS,
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OCC: AGRICULTURE.
1(K) AKBARSAB
S/O HASENSAB PENDARI
AGE: 33 YEARS,
OCC: AGRICULTURE.
1(L) SHOUKATALI
S/O HASENSAB PENARI
AGE: 31 YEARS,
OCC: AGRICULTURE.
1(M) NASIRAHMAD
S/O HASENSAB PENDARI
AGE: 29 YEARS,
OCC: AGRICULTURE.
ALL ARE R/O: HOYSAL NAGAR,
HALIYAL ROAD, DHARWAD.
2. HUSENSAB
S/O. ALLASAB PENDARI
SINCE DECEASED BY HIS LRS.
2(A) SMT.ASHABEE
W/O HUSENSAB PENDERI
AGE:52 YEARS,
OCC:AGRICULTURE.
2(B) SHRI IQBAL
S/O HUSENSAB PENDARI,
AGE:35 YEARS,
OCC: AGRICULUTRE.
2(C) SMT. RASHEEDABEGAUM
W/O KALILAHMAD TEENVALE
AGE : 26 YEARS,
OCC: AGRICULUTRE,
2(D) SMT. JAREENABEGAUM
W/O.SHAMEERAHMAD GABBUR,
AGE: 34 YEARS,
OCC: AGRICULTURE
2(F) SHRI. ABDULIQBAL
S/O HUSENSAB PENDARI,
AGE: 30 YEARS,
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OCC: AGRICULUTRE.
2(F) SMT. BASHEERAHMAD
S/O HUSENSAB PENDARI
AGE:28 YEARS,
OCC: AGRICULTRUE.
2(G) SMT. RAMEEJABEGUM
D/O HUSENSAB PENDARI,
AGE: 25 YEARS,
OCC: AGRICULTURE.
ALL THE R/O. SAPTAPUR,
DHARWAD-580 001.
... RESPONDENTS
(BY SRI F V PATIL, ADV. FOR R1 (A TO M) & R2 (A TO G))
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DTD: 22/4/2009 PASSED IN
R.A.NO:78/2004 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(SR.DN), DHARWAD, DISMISSING THE APPEAL, FILED AGAINST
THE JUDGEMENT AND DECREE DTD: 1/4/2004 PASSED IN
O.S.NO:577/1989 ON THE FILE OF THE PRL. CIVIL
JUDGE(JR.DN), DHARWAD, PARTLY DECREEING THE SUIT
FILED FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THIS
COURT, DELIVERED THE FOLLOWING:
JUDGMENT
The legal representatives of the appellant and the legal representatives of respondents No.1 and 2 have presented a compromise petition under Order XXIII Rule 3 read with Section 151 of C.P.C. The legal representative No.1(a) of the appellant, Smt. Saroja Arun Sathe is present before the Court. Legal representative No.1(b) of the appellant, Smt.Reshma is not present. But, she is the daughter of Smt. :5: Saroja Sathe and she has executed a power of attorney in favour of her mother authorizing her to enter into compromise. A copy of the power of attorney is produced. Clause (6) of this power of attorney authorizes the first legal representative of the appellant, namely, Smt.Saroja Arun Sathe to enter into compromise on behalf of her daughter, Smt. Reshma.
2. Legal representatives No.1(a) to 1(m) of respondents No.1 and 2(a) to 2(g) of respondent No.2 are also present before the Court.
3. The contents of this compromise petition are read over and explained to the parties in kannada language, which they know. All the parties submit that they have voluntarily entered into compromise and that they have affixed their signatures voluntarily to this compromise petition without any kind of force or compulsion from anybody. The Advocates of the parties have also signed this compromise petition. The terms of this compromise petition are lawful and they can be accepted. The first legal representative of the appellant, namely, Smt. Saroja Arun :6: Sathe has also filed an affidavit undertaking to take certain steps as mentioned in the compromise petition. Since the terms are lawful, compromise petition is accepted. Draw decree accordingly.
Sd/-
JUDGE hnm