Karnataka High Court
Janu Malu Kunabi vs Krishna Sannya Kunabi on 26 November, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
RSA.NO.5850/2013 (PAR)
BETWEEN:
1. JANU MALU KUNABI
AGE: 62 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
2. DAMU MALU KUNABI
AGE: 58 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
3. NAGAVENI @ LALITA W/O. MANI KUNABI
AGE: 45 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
4. RAMESH S/O.NAI KUNABI
AGE: 25 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
5. KESHAV MALU KUNABI
AGE: 52 YEARS,
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OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
6. BIKKU MALU KUNABI
AGE: 50 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
7. SUBBI KOM PAYAKA KUNABI
AGE: 45 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
8. LAXMI KOM NARAYAN KUNABI
AGE: 47 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK.
9. JANAKI KOM RAMA KUNABI
AGE: 43 YEARS
OCC: AGRICULTURE
R/O. AJJANPAL IN ILLEHALLI VILLAGE, TQ:
YELLAPUR, DIST: UK-581359.
... APPELLANTS
(BY SRI.: A P HEGDE, ADV.)
AND
1. KRISHNA SANNYA KUNABI
AGE: 62 YEARS,
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
2. LAXMAN SANNYA KUNABI
AGE: 59 YEARS
OCC: AGRICULTURE
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R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
3. GANESH SANNYA KUNABI
AGE: 57 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
4. MAHADEV SANNYA KUNABI
AGE: 42 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
5. MAHADEVI KOM PUTTAYYA KUNABI
AGE: 50 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
6. SEETU KOM GANESH KUNABI
AGE: 48 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
7. BHAGIRATI KOM JANU KUNABI
AGE: 46 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K.
8. SAVITRI KOM KRISHNA KUNABI
AGE: 40 YEARS
OCC: AGRICULTURE
R/O. MOSARKULI IN ILLEHALLI VILLAGE,
TQ:YELLAPUR, DIST: U.K-581359.
... RESPONDENTS
(BY SRI.: P N HOSAMANE, ADV. FOR C/R1-R8)
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THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD:13.06.2013 PASSED IN
R.A.NO.166/2006 ON THE FILE OF THE SENIOR CIVIL
JUDGE YELLAPUR, DISMISSING THE APPEAL, FILED
AGAINST THE JUDGMENT AND DECREE DTD:31.03.1998
AND THE DECREE PASSED IN O.S. NO.91/1995 ON THE
FILE OF THE MUNSIFF AT YELLAPUR, DECREEING THE
SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS RSA COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
The second appeal is by the defendant challenging the concurrent judgments and decree passed by the courts below whereby the trial Court decreed the suit of the plaintiff declaring that the plaintiffs have got half share in the suit schedule property and it was confirmed by the Lower Appellate Court.
2. During the pendency of this appeal, the parties have got the subject matter of the suit settled amicably by reducing the terms and conditions of settlement into writing by way of filing a detailed compromise petition under Order 23 Rule 3 of CPC. :5:
3. Appellant No.1, who is first defendant in the suit has signed the compromise petition on his behalf and also on behalf of appellants 2 to 9 as their Power of Attorney Holder. A copy of the General Power of Attorney is enclosed along with the compromise petition. Similarly, Respondent No.1, who is plaintiff No.1 in the suit has signed the compromise petition on his behalf as well as on behalf of respondent Nos.2 to 8 as their Power of Attorney Holder. The GPA executed by respondent Nos.2 to 8 in favour of respondent No.1 is enclosed along with the caveat petition, while entering the caveat. The clause No.3 of the said GPA empowers the first respondent to enter into compromise with the appellant on behalf of respondent Nos. 2 to 8. The compromise petition is also signed by the learned counsel appearing for the parties and the same is taken on record.
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4. As per the terms of compromise, the respondents by taking Rs.7,01,101/- from the appellants, have given up their right title and interest in respect of their half share in the suit properties which they have acquired under the impugned decree in favour of the appellants. The first appellant has agreed to pay the said sum of Rs.7,01,101/- to the first respondent on his behalf of and on behalf of appellants 2 to 9 by way of transferring the said amount from his Bank account in to the Bank account of the first respondent and first respondent receives the same on his behalf and on behalf of other respondents .
5. The terms of the compromise were read over to the first appellant and first respondent who were present in the Court on their behalf and on behalf of other parties as their GPA holders, in the language known to them and they have admitted the execution of the compromise petition.
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6. The learned Counsel appearing for the parties pray the Court to dispose of the appeal in terms of the compromise petition.
7. Accordingly, appeal stands disposed of in terms of the compromise, which is ordered to be treated as part of this order and office to draw final decree in terms of the compromise petition.
Sd/-
JUDGE Vmb