Karnataka High Court
Sri Marikamba Temple Trust, Sirsi, By ... vs The Chief Officer T M C Sirsi on 9 June, 2017
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO.844/2007 (INJ)
BETWEEN:
SRI MARIKAMBA TEMPLE TRUST SIRSI
BY ITS TRUSTEES
1. VENKATESH LAMBODHAR NAIK
AGE. 46 YEARS,
OCC. BUSINESS,
R/O. SAI NILAYA,
MARATIKOPPA, SIRSI.
2. MANOHAR GOVIND MALMANE
AGE. 60 YEARS,
OCC. RETD. BANK EMPLOYEE
R/O. SHRIMATA, DUNDASI NAGAR,
SIRSI.
3. LAXMAN MUKUND KANADE
AGE. 61 YEARS,
OCC. RETD. BANK EMPLOYEE
R/O. AIYAPPA NAGAR,
HUBBALLI ROAD, SIRSI.
4. SMT. SHESHIKALA
W/O. JAGADISH CHANDRAPATTAN
AGE. 46 YEARS,
OCC. HOUSEWIFE,
R/O. SIMPI GALLI, SIRSI.
... APPELLANTS
(BY SRI M C BANDI, ADVOCATE)
AND :
1. THE COMMISSIONER
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TOWN MUNICIPAL COUNCIL, SIRSI.
2. L B NORONHA
DECEASED BY HIS LRS.
2A. BEVTIS L. NORONHA
AGE: 29 YEARS, MERCHANT, SIRSI
3. P B NORONHA
FISH MARKET
4. SMT ANESTIBAL KOM ALES FERNANDES
FISH MARKET.
5. SUNDARSHAN CHIDAMBAR SIRSIKAR
FLOUR MILL
VEERABHADRAGALLI
6. S S SIRSIKAR
JUICE SHOP, OPP: BUS STAND
SIRSI
7. VENKATESH VASUDEV VERNEKAR
DECD. BYK HIS LR.
7A. JAIWANT VENKATESH VEREKAR
MERCHANT, R/O SIRSI
8. ABEDIN HAMJASAB KAGALKAR
OPP: BUS STAND, SIRSI.
9. PADMAJI BHIKAJI BHAYYA
DECD. BY HIS LR.
9A. PRAHLAD PADMAJI BHAYYA
MERCHANT, SIRSI
10. M S PRABHU
TEA SHOP KEEPER
11. VITHAL SHANKAR NAYAK
OPP: BUS STAND
12. GANESHKAR ASHOK BAKERY
DECD. BY LR
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12A. SATISH SHANTARAM GANESHKAR
OPP: BUS STAND SIRSI
13. VAIKUNTH SHANKAR NAYAK
OPP: BUS STAND
SIRSI
14. PARAMESHWAR KESHAV SHETT
OPP: BUS STAND, SIRSI
15. PRAFUL RAMACHANDRA ANKOLEKAR
OPP: BUS STAND, SIRSI
16. GOVIND PANJU PUARI
OPP: BUS STAND SIRSI
17. ABBAS AJI KARIM SUNTHI
HUBLI ROAD, SIRSI
18. MADHUKAR VISHNU KODIYAR
MERCHANT OPP: BUS STAND
SIRSI
19. PANDURANG MANNAT BHAT
PAANBEEDA SHOP
OPP: BUS STAND, SIRSI
20. MAVINALLI ABDUL VAHEED
NEAR PANDIT BHRARY
SIRSI
21. VAZIKHAN JALANDHARKHAN TRANSPORT
SIRSI
22. DURGA JUICE BY THE SIDE OF
PANDITH LIBRARY, SIRSI
23. SHRIKANT SANJEV KAMAT
CANTEEN, NEAR PANDIT LIBRARY
SIRSI
24. TUKARAM SHANKAR SHENDAGE
TAILOR, NEAR BUS STAND, SIRSI
24A. JAIRAM SHANJEEV SHETTY
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25. VENKATESH VAMAN PAI
26. GANESH VENKATESH PAI
27. ABDUL WAHAB ABDUL KHALEEL
28. SHABUDDIN AHAMMEDSAB HEGGARNI
29. KHALIMULLA HEGGARNI
30. ABDUL JABBAR KASHIMSAB SHIKARIPUR
ALL ARE MAJOR
R/O NEAR BUS STAND, SIRSI
DIST. U.K. -581401.
... RESPONDENTS
(BY SRI SURESH N. KINI, ADVOCATE FOR R1;
R2 - R30 ARE DELETED V/O. DATED 09.06.2017)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED:23.12.2006 PASSED IN
R.A.NO.83/1994 ON THE FILE OF THE CIVIL JUDGE (SR.DN).,
SIRSI, DISMISSED THE APPEAL AND CONFIRMED THE
JUDGEMENT AND DECREE DATED: 24.08.1994 PASSED IN
O.S.NO.149/86 ON THE FILE OF THE CIVIL JUDGE (JR.DVN).,
(THEN MUNSIFF) SIRSI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THIS
COURT, DELIVERED THE FOLLOWING:
JUDGMENT
The appellants and the respondent No.1 have presented a compromise petition under Order XXIII Rule 3 of C.P.C. The other respondents No.2 to 30 are deleted from the appeal memo, as no relief is sought against them. The appellant is a Trust and its trustees, namely Venkatesh Lambodhar Naik, Manohar Govind :5: Malmane, Laxman Mukund Kanade and Smt. Shashikala W/o. Jagadish Chandrapattan are present before the Court. The learned counsel for the appellants and the respondent are also present.
2. A memo is filed stating that another trustee, namely Ramachandra Chidambar Bhat is dead. The respondent is represented by its Commissioner, namely, M. Mahendra Kumar.
3. The contents of the compromise petition are read over and explained to the parties in kannada language and they admit that the contents of this compromise petition are correct. They also submit that they have voluntarily entered into this compromise and that they have put their signatures to the compromise petition without any kind of force, compulsion or coercion by anybody. By virtue of this compromise, whenever jathra is held once in two years, the respondent is agreeable for leasing the open space to the temple for a period of 30 days for the jathra purpose, by collecting some license fee. Now the parties agree that it is :6: not lease and it is license. The City Municipal Council, Sirsi, has also passed a resolution unanimously for leasing or licensing the open space, as mentioned in the compromise petition to the appellant - Trust during jathra period. Therefore, I find that this compromise is lawful and it can be accepted. Accordingly, compromise petition is accepted. Draw decree accordingly. With this compromise, appeal stands disposed of.
Sd/-
JUDGE hnm