Karnataka High Court
Tirukavva vs Ninganagouda S/O. Hanumanthagouda ... on 11 January, 2018
Bench: S.Sujatha, John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2018
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
REGULAR FIRST APPEAL NO.4176/2013 (PAR & POS)
BETWEEN:
SMT. TIRUKAVVA
SINCE DECEASED BY HER LRS
1. SMT.MANJAMMA
W/O. BASAPPA HAVERI
AGE: 39 YEARS,
OCC: AGRICULTURE
R/O. AGASANAHALLI
TQ: BYADAGI,
DIST: HAVERI 581 106
2. SRI.GUDDAPPA
S/O. BHIMAPPA HAVERI
AGE: 71 YEARS
OCC: AGRICULTURE
R/O. AGASANAHALLI
TQ: BYADAGI
DIST: HAVERI 581 106
... APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
2
1. SRI.NINGANAGOUDA
S/O. HANUMANTHAGOUDA GOUDRA
AGE: 73 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
2. SRI.JUNJANAGOUDA
S/O. HANUMANTHAGOUDA GOUDRA
AGE: 83 YEARS, OCC: AGRICULTURE
SINCE DECEASED BY HIS LR
2A. SMT.KAMALAVVA,
W/O. LATE JUNJANAGOUDA GOUDRA
AGE: 70 YEARS, OCC: HOUSE WIFE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
3. SMT. NINGAVVA, W/O. RAMANAGOUDA GOUDRA
AGE: 73 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
(SINCE DECEASED REP. BY HER LRS
RESPONDENTS 4 TO 16)
4. SRI.FAKKIRAPPA S/O. RAMANAGOUDA GOUDRA
AGE: 53 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
5. SRI.GANGAPPA S/O. RAMANAGOUDA GOUDRA
AGE: 51 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
6. SRI.RAVI S/O. HANUMANTHAPPA GOUDRA
AGE: 28 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
7. SMT.ANNAPURNA D/O. HANUMANTHAPPA GOUDRA
3
AGE: 26 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI 581106
8. SMT.ANUPAMA D/O. HANUMANTHAPPA GOUDRA
AGE: 24 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
9. SRI.KIRAN HANUMANTHAPPA GOUDRA
AGE: 22 YEARS, OCC:AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
10. SRI.GUDDAPPA S/O. RAMANAGOUDA GOUDRA
AGE: 49 YEARS, OCC: AGRICULTURE
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
11. SMT.PARVATEVVA W/O. BHIMAPPA VASANAD
AGE: 47 YEARS, OCC:HOUSEHOLD WORK
R/O. AGASANAHALLI TQ: BYADAGI
DIST: HAVERI -581106
12. SMT.YALLAVVA, W/O. LAXMAPPA MADIWALAR
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. MUGUR, TQ: SORAB
DIST: SHIMOGA -577201
13. SMT.MARIYAVVA W/O. RUDRAPPA MADIWALAR
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. VASAN, TQ: HANAGAL
DIST: DHARWAD -580001
14. SMT.SHARAVVA W/O. CHANDRAPPA MADIWALAR
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. ABALUR, TQ: HIREKERUR
DIST:HAVERI -581106
15. SRI.GUDDAPPA S/O. MARIYAPPA MADIWALAR
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. AGASANAHALLI, TQ: BYADAGI,
4
DIST:HAVERI -581106
16. LAXMI S/O. MARIYAPPA MADIWALAR
AGE: 22 YEARS, OCC: HOUSEHOLD WORK
R/O. AGASANAHALLI,
TQ: BYADAGI, DIST:HAVERI-581106
17. SMT.ANUSUYA W/O. GUDDAPPA GOUDRA
AGE: 38 YEARS, OCC: HOUSEHOLD WORK
R/O. AGASANAHALLI,
TQ: BYADAGI, DIST:HAVERI -581106
18. SRI.RUDRAPPA S/O. GUDDAPPA VASANAD
AGE: 36 YEARS, OCC: AGRICULTURE
R/O. SUMANAHALLI, TQ: SORAB,
DIST: HAVERI.
19. SRI. NINGAPPA S/O. GUDDAPPA VASANAD
AGE: 31 YEARS, OCC: HOUSEHOLD WORK
R/O. SAMANAHALLI, TQ: SORAB,
DIST:SHIMOGA -577201
DEAD BY HIS LRS
19A. SMT. RENUKA
W/O. LATE NINGAPPA VASANAD
AGE: 38 YEARS, OCC: HOUSE WIFE
R/O. SOMANAHALLI, TQ: SORAB
DIST: SHIVAMOGGA.
19B. SRI. MANU
S/O. LATE NINGAPPA VASANAD
AGE: 21 YEARS, OCC: AGRICULTURIST
R/O. SOMANAHALLI, TQ: SORAB
DIST: SHIVAMOGGA.
19C. SRI. MANU
S/O. LATE NINGAPPA VASANAD
AGE: 20 YEARS, OCC: AGRICULTURIST
R/O. SOMANAHALLI, TQ: SORAB
5
DIST: SHIVAMOGGA.
19D. SMT. SRIDEVI,
W/O. DEVENDRAPPA MADIWALAR
AGE: 18 YEARS, OCC: HOUSEWIFE
R/O. AREGOPPA, TQ: HANAGAL
DIST: HAVERI.
20. SMT.GIRIJAVVA D/O. GUDDAPPA VASANAD
AGE: 31 YEARS, OCC: HOUSEHOLD WORK
R/O. SAMANAHALLI, TQ: SORAB,
DIST:SHIMOGA 577201
21. SMT.GANGAMALAMMA
W/O. MALLAPPA SAKANAHALLI
AGE: 68 YEARS, OCC: HOUSEHOLD WORK
R/O. SHIRGOD, TQ: HANGAL,
DIST:DHARWAD -580001
22. SMT.KAMALAMMA W/O. YALLAPPA MADIWALAR
AGE: 63 YEARS, OCC: HOUSEHOLD WORK
R/O. VASAN, TQ: HANAGAL, DIST. DHARWAD -580001
23. SMT.GOURAVVA W/O. TIRUKAPPA HAVERI
AGE: 61 YEARS, OCC: HOUSEHOLD WORK
R/O. AGASANAHALLI, TQ: BYADAGI,
DIST: HAVERI -581106
24. SMT.SHANTAVVA W/O. BASAPPA VASANAD
AGE: 49 YEARS, OCC: HOUSEHOLD WORK
R/O. HANUMANKOPPA,
TQ: HANAGAL, DIST: DHARWAD -580001
... RESPONDENTS
(BY SRI. M. H. PATIL ADVOCATE )
THIS RFA IS FILED UNDER SEC.96 R/W. ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DTD:10-07-2013 PASSED IN O.S.NO.81/2010 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND ITERNATE COURT,
BYADAGI, DISMISSING THE SUIT FILED FOR PARTITION
AND POSSESSION.
6
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
S.SUJATHA J., MADE THE FOLLOWING:
ORDER
This appeal is directed against the judgment and decree passed by the Senior Civil Judge and Iternate Court at Byadagi in O.S.No.81/2010, whereby the suit filed by the plaintiffs against the defendants for partition and separate possession in the suit schedule properties has been dismissed. Aggrieved by the same, plaintiffs are in appeal.
2. On the matter being referred to Mediation Centre, High Court of Karnataka, Dharwad Bench, the parties have arrived at an agreement and memorandum of agreement under Section 89 of the Code of Civil Procedure R/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 is placed on record. It is discerned that appellant No.2 has executed General Power of Attorney in favour of appellant No.1 to execute the deed of settlement between the parties. Similarly, 7 respondent Nos. 2A and 6 to 24 have executed General Power of attorney in favour of respondent No.1 to execute the deed of settlement before the Mediation Centre. Respondent No.3 is dead and her LRs are brought on record, who are none other than the respondents No.4 to 16, who have already executed General Power of Attorney in favour of respondent No.1 as aforesaid.
3. The appellants as well as respondent Nos. 1, 4 and 5 are present before the Court, who are duly identified by their counsel.
4. Parties who are present before the Court submit that they have settled the matter amicably in terms of the agreement executed between the parties before the Mediation Centre, High Court of Karnataka, Dharwad Bench at their own volition and wish without there being any pressure or undue influence of whatsoever manner. It is submitted that, after the contents of the agreement having been read over to 8 them and made known to them in Kannada, they have subscribed their signature to the deed of settlement.
5. We have perused the memo of settlement. The same being not unlawful, we accept the same.
Accordingly, the appeal is disposed of in terms of the memo of settlement agreed between the parties. The memo of settlement shall become part and parcel of the decree.
Amended decree shall be drawn accordingly.
Sd/-
JUDGE Sd/-
JUDGE gab