Karnataka High Court
Yamunabai vs Bagabai W/O Sadashiv Ingale on 26 June, 2019
Author: B.M.Shyam Prasad
Bench: B.M. Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR.JUSTICE B.M. SHYAM PRASAD
R.S.A NO.1343/2005
C/W
R.S.A NO.1344/2005
AND
R.S.A NO.922/2005
In R.S.A No.1343/2005
BETWEEN:
Smt. Yamunabai
W/o Namadev Chandakavate
Aged about 62 Years
Occ: Household
R/at Sindhigi, Near T.B.
Bijapur - 584 103
Since deceased by LR:
Subhash S/o Namdevchand Kavate
Age about 59 Years
Occ: Retd. Government Servant
R/at LIG-40, Jalanagar
Bijapur
... Appellant/s
(By Sri Ameetkumar Deshpande,
Sri R. B. Deshpande, Sri Venkatesh Dalawai &
Sri N.M. Bhat, Advocates)
2
AND:
1. Bagabai W/o Sadashiv Ingale
Aged about 58 Years
Occ: Household
R/at Sindagi, Taluka Sindigi
District Bijapur - 584 103
2. Deelip S/o Sadashiv Ingale
Aged about 35 Years
Occ: Service
R/at Sindagi, Taluka Sindigi
District Bijapur - 584 103
3. Devalsa S/o Chandasa Wadgeri
Occ: Agriculture
Major, R/at Takked Oni
Sindagi
4. Premalatha W/o Laxman Narayankar
Aged about 39 Years
Occ: Household
Residing at Sindgi
Taluka Sindigi
District Bijapur - 584 103
5. Kamala D/o Sadashiv Ingale
Aged about 34 Years
Occ: Household
Residing at Sindgi
Taluka Sindigi
District Bijapur - 584 103
6. Rama D/o Sadashiv Ingale
Aged about 27 Years
Occ: Household
Residing at Sindgi
3
Taluka Sindigi
District Bijapur - 584 103
7. Ravi S/o Sadashiv Ingale
Aged about 26 Years
Occ: Student
Residing at Sindgi
Taluka Sindigi
District Bijapur - 584 103
8. Indumati D/o Sadashiv Ingale
Age Major, Occ: Household
Residing at Sindgi
Taluka Sindigi
District Bijapur - 584 103
9. Jeejabai W/o Yamunappa B. Padewar
Age: 55 Years, Occ: Household
R/o Near Vidhyagiri, Sindagi
Dist: Vijayapura
10. Sharadabai W/o Yallappa Kamble
Age: 50 Years, Occ: Teacher
R/o Near Karee Masuti
Sindagi, Dist: Vijayapura
... Respondent/s
(Sri Harshvardhan R. Malipatil, Advocate for R2;
Sri Shivashankar H. Manur, Advocate for R3;
Sri M.B. Herkal, Advocate for R7;
Sri A. Vijaykumar, Advocate for R9 and R10;
Appeal stand dismissed against R1;
R4, 5, 6 and 8 served but unrepresented)
This Regular Second Appeal is filed under Section
100 of Code of Civil Procedure, praying to set aside the
judgment and decree dated 6.4.2005, passed by the
4
learned II Additional District Judge, Bijapur in
R.A.No.129/2004 and restore the judgment and decree
dated 25.01.1997, passed by the learned Munsiff at
Sindhagi in O.S.No.41/1988.
In R.S.A No.1344/2005
BETWEEN:
Yamunabai
W/o Namadev Chandakavate
Age: 62 Years, Occ: Household
R/o Sindagi, Taluka Sindagi
Bijapur
Since deceased by LR:
Subhash S/o Namdevchand Kavate
Aged about 59 Years
Occ: Retd. Government Servant
R/o LIG-40, Jalanagar
Bijapur
... Appellant/s
(By Sri Ameetkumar Deshpande, Advocate)
AND:
1. Devalsa S/o Chandara Wadageri
Age: 30 Years, Occ: Agriculture
R/o Sindagi, Taluka: Sindagi
2. Jeejabai W/o Yamunappa B. Padewar
Age: 55 Years, Occ: Household
R/o Near Vidhyagiri, Sindagi
Dist: Vijayapura
5
3. Sharadabai W/o Yallappa Kamble
Age: 50 Years, Occ: Teacher
R/o Near Karee Masuti
Sindagi, Dist: Vijayapura
... Respondent/s
(Sri Shivashankar H. Manur, Advocate for R1;
Sri A. Vijaykumar, Advocate for R2 & R3)
This Regular Second Appeal is filed under Section
100 of Code of Civil Procedure, praying to set aside the
judgment and decree dated 6.4.2005, passed by the
learned II Additional District Judge, Bijapur in
R.A.No.130/2004 and restore the judgment and decree
dated 25.01.1997, passed by the learned Munsiff at
Sindagi in O.S.No.127/1988.
In R.S.A No.922/2005
BETWEEN:
Devalsa S/o Chandasa Wadageri
Aged about 45 Years
Occ: Agriculturist
R/o Takked Oni
Sindgi, Taluk : Sindgi - 586 101
... Appellant/s
(By Sri Shivashankar H. Manur, Advocate)
AND:
1. Yamunabi W/o Namadev Chandakavate
Aged about: 70 Years
Occ: Household Work
R/o Near IBM, Behind Police Station
Sindgi - 586 101
6
Since deceased by LRs:
1(1) Namdev S. Chandakavate
1(2) Subhash S/o Namdev Chandakavate
Age 62 Years
Occ: Retired Teacher
R/o Hudko Colony, Near BDA &
Near Soudhagar Advocate House
Bijapur - 586 101
1(3) Jeejabai D/o Namdev Chandakavate
Age: 55 Years, Occ: Teacher
R/o Near Vidhyagiri, Sindagi
Dist: Bijapur
1(4) Shardhabai D/o Namdev Chandakavate
Age: 50 Years, Occ: Household work
R/o Near Karee Masuti
Sindgi, Dist: Bijapur
... Respondent/s
(Sri Ameetkumar Deshpande, Advocate for R1(2);
Sri A. Vijaykumar, Advocate for R1(3) & R1(4);
R-1(1) died, LRs' are already on record v/o
Dated 01.11.2013)
This Regular Second Appeal is filed under Section
100 of Code of Civil Procedure, praying to allow this
appeal and to set aside the judgment and decree dated
6.4.2005, made in R.A.No.130/2004 on the file of the II
Additional District Judge, Bijapur insofar as it
dismissed the suit of the appellant for possession and to
decree the suit, in O.S.No.127/1988 on the file of the
Munsiff at Sindagi 25.01.1997.
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These appeals coming on for hearing this day, the
Court delivered the following:
JUDGMENT
These three appeals arise out of two suits in O.S. No.41/1988 and O.S.No.127/1988 on the file of the learned Munsiff Judge, Sindagi.
2. The suit in O.S.No.41/1988 is for specific performance of the sale agreement dated 6.11.1981 executed by Mrs. Sadashiv Ingale in favour of Mrs. Yamunabai agreeing to transfer the property bearing TMC No.1737, situated in Binshetki, Plot No.1 of RS No. 836/A/B measuring 40'x40' (subject property). The suit in O.S.No.127/1988 is by Sri Devalsa against Smt. Yamunabai for possession of the subject property because he purchased the subject property under the Sale Deed dated 21.01.1988. The Trial Court decreed the suit in O.S.No.41/1988 and dismissed the suit in O.S.No.127/1988. Consequentially, Smt. Yamunabai 8 (the agreement holder) would have become entitled for execution of the sale deed for the Subject Property by Sri Sadashiv Ingale. However, in the corresponding appeals filed by Sri Sadashiv Ingale and Sri Devalsa, the appellate Court by the common judgment dated 06.04.2005 has dismissed both suits. As such, Sri Devalsa has filed the appeal in RSA No.922/2005, and Smt. Yamunabai's son, Sri. Subhash has filed the appeals in RSA No.1343/2005 and RSA No.1344/2005. The other legal heirs of Smt. Yamunabai are parties to the proceedings as respondents.
3. The purchaser, Sri Devalsa and the legal heirs of Smt.Yamunabai have filed a joint memo/application under provisions of Order 23 Rule 3 of CPC. Insofar as the legal representatives of Sri Sadashiv Ingale, who are respondents in appeal in RSA No.1343/2005, it is stated that the legal 9 representatives of Sri Sadashiv Ingale do not have any subsisting rights in the Subject property.
4. Sri Devalsa and the aforesaid legal representatives of Smt. Yamunabai are present before the Court and their respective counsel identified them. They admit the execution of joint memo and the terms of the memo reads as follows:-
"JOINT MEMO UNDER ORDER 23 RULE 3 OF CPC In respect to the above matters both the contesting parties to the present appeal have entered in to an amicable settlement & by intervention of the Hon'ble Court, the appellant has agreed to pay a sum of Rs.9,00,000/- (Rupees Nine Lakhs) to the respondents LRs. i.e., Respondent No.1 (2) to 1(4) herein & the respondents LRs. i.e. Respondent No.1 (2) to 1 (4) have no objection to decree the suit of the appellant in RSA No.922/2005 (O.S.No.127/1988 suit for 10 Possession) & in view of the settlement appeal filed by the Respondents LRs. i.e. Respondent No.1(2) to 1(4) in RSA No.1343/2005 & RSA No.1343/2005 (O.S.No.41/1988) may be decreed in terms of this settlement.
The appellant agreed that he would pay the amount of Rs.9,00,000/- (Rupees Nine Lakhs) to the respondents LRs i.e. Respondent No.1(2) to 1(4) within three months or with interest @ 6% p.a., thereafter;
The amount so paid by the appellant shall be apportioned as under:
The Respondents LRs. i.e. Respondent No.1(2) Subhash S/o Namdev Chandakavate shall be entitled Rs.4,50,000/- (Rupees Four Lakhs Fifty thousand), Respondent No.1(3) Jeejabai D/o Namdev Chandakavate shall be entitled Rs.2,25,000/- (Rupees Two Lakhs twenty five thousand) & Respondent No.1(4) Shardhabai D/o Namdev Chandakavate shall be entitled Rs.2,25,000/- (Rupees Two Lakhs twenty five thousand).11
In view of the above said compromise the suit of the appellant in RSA No.922/2005 (O.S.No.127/1988 suit for Possession) may be decreed in favour of appellant i.e. Davalasab S/o Chandasab Wadageri & the respondents LRs i.e. Respondents No.1(2) to (4) shall handover the suit premises to the appellant on receipt of the above said amount of Rs.9,00,000 /- (Rupees Nine Lakhs) & in view of the settlement appeal filed by the Respondents LRs. i.e. Respondent No.1(2) to 1(4) in RSA No.1343/2005 & RSA No.1343/2005 (O.S.No.41/1988) may be decreed in terms of this settlement".
5. Further, the learned counsel for the parties submit that in the event there is any default by Sri Devalsa in paying the agreed consideration, the legal representatives of Smt. Yamunabai, shall be entitled for interest at the rate of 6% per annum for the period commencing from the expiry of three months that is agreed. The parties present also signified their consent 12 to the term as regards the payment of interest at the rate of 6% per annum. Therefore, the following:
ORDER Sri Devalsa and the legal heirs of the deceased Yamunabai having come to agreement as per the terms of the joint memo have settled the dispute in entirety and lawfully. Therefore, the terms of the compromise is accepted, and the office is directed to draw decree in terms of the compromise in modification of the impugned common judgment by the trial Court as well as the appellate Court.
Sd/-
JUDGE RSP