Karnataka High Court
Sri Rudrappa S/O Basavantappa Hanashi vs Sri Sangappa S/O Rudrappa Hanashi on 17 August, 2012
Bench: N.Kumar, H.S.Kempanna
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 17TH DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR. JUSTICE N. KUMAR
AND
THE HON'BLE MR. JUSTICE H. S. KEMPANNA
REGULAR FIRST APPEAL No.327 OF 2007 [PAR]
C/W
REGULAR FIRST APPEAL No.841 OF 2007 [PAR]
IN R.F.A. No.327 OF 2007
BETWEEN:
1. Sri RUDRAPPA S/O BASAVANTAPPA HANASHI
AGED ABOUT 85 YRS
R/O SULAKATTI ONI, MUNAVALLI
TALUK: SAUNDATTI-591 126,
DISTRICT:BELGAUM.
2. Sri SHIVAPPA S/O RUDRAPPA HANASHI
AGED ABOUT 52 YRS
R/O SULAKATTI ONI, MUNAVALLI
TALUK: SAUNDATTI-591 126,
DISTRICT:BELGAUM.
3. Sri NINGAPPA S/O RUDRAPPA HANASHI
AGED ABOUT 48 YRS
R/O SULAKATTI ONI, MUNAVALLI
TALUK: SAUNDATTI-591 126,
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DISTRICT:BELGAUM.
4. SRI IRAPPA S/O RUDRAPPA HANASHI
AGED ABOUT 45 YRS
R/O SULAKATTI ONI, MUNAVALLI
TALUK: SAUNDATTI-591 126,
DISTRICT:BELGAUM.
5. Sri PANCHAPPA S/O RUDRAPPA HANASHI
AGED ABOUT 36 YRS
R/O SULAKATTI ONI, MUNAVALLI
TALUK: SAUNDATTI-591 126,
DISTRICT:BELGAUM.
APPELLANTS
(By Sri S.S.PATIL GUGIHAL, Sri C.V.GANAPATHY,
Sri SANKET Y.YENAGI, ADVOCATES )
AND
1. Sri SANGAPPA S/O RUDRAPPA HANASHI
AGED ABOUT 60 YRS,
R/O TEGGIHAL, TALUK: SAUNDATTI-591 126,
DISTRICT:BELGAUM.
RESPONDENT
(By Sri. JAGADISH PATIL ,Sri B. M.ELIGAR,
ADVOCATES)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT.24.01.2007 PASSED IN
OS.NO.85/2002 ON THE FILE OF THE CIVIL JUDGE
(SR.DN.) SAUNDATTI, DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
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IN RFA No. 841 OF 2007
BETWEEN
1. Sri RUDRAPPA, S/O BASAVANTAPPA HANASHI
AGED ABOUT 81 YRS, OCC: AGRICULTURE
R/AT SULAKATTI ONI, MUNAVALLI
TQ: SAUNDATTI-591126.
2. Sri SHIVAPPA, S/O RUDRAPPA HANASHI
AGED ABOUT 46 YRS, OCC: AGRICULTURE
R/AT SULAKATTI ONI, MUNAVALLI
TQ: SAUNDATTI-591126.
3. Sri NINGAPPA, S/O RUDRAPPA HANASHI
AGED ABOUT 44 YRS, OCC: SERVICE AND
AGRICULTURE, R/AT SULAKATTI ONI
MUNAVALLI, TQ: SAUNDATTI-591126.
4. Sri IRAPPA, S/O RUDRAPPA HANASHI
AGED ABOUT 41 YRS
OCC: AGRICULTURE
R/AT SULAKATTI ONI
MUNAVALLI
TQ: SAUNDATTI-591126.
APPELLANTS
(By Sri : S.S.PATIL GUGIHAL,
Sri SANKET M.YENAGI, ADVOCATES,)
AND
1. Sri SANGAPPA
Age: 56, S/O RUDRAPPA HANASHI
AGED ABOUT 56 YRS
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OCC: AGRICULTURE
R/AT TEGGIHAL,TQ: SAUNDATTI- 591 126.
RESPONDENT
(By Sri: JAGADISH PATIL, B.M.ELIGAR,
Sri VIGNESHWAR S.SHASTRI, ADVOCATES)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT. 24.01.2007 PASSED
IN O.S No. 77/2002 ON THE FILE OF THE CIVIL
JUDGE (SR.DN.) SAUNDATTI, DISMISSING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.
These appeals coming on for hearing on I.A. this
day, N.Kumar J., delivered the following:
JUDGMENT
O.S.No.77/2002 is filed by Rudrappa and his four sons for declaration that the suit schedule properties which includes landed properties and house properties situated at Munavalli, Inamhongal, Chikkaulligeri villages exclusively belongs to them and they are in exclusive peaceful possession and enjoyment of the said properties. Defendant who is the eldest son of the first plaintiff has been given his share in the joint family properties in a partition made on 13.03.1996 and -5- therefore he has no right in the plaint schedule properties.
2. O.S.No.85/2002 is filed by Sangappa- defendant in O.S.77/2002 seeking for a share in all the joint family properties on the ground that there was no partition in the family.
3. The suit was contested. O.S.77/2002 was dismissed. O.S.85/2002 was decreed and Sangappa was held to be entitled to 1/6th share in the plaint schedule properties. Aggrieved by the said judgment and decree passed by the trial court, plaintiffs in O.S.77/2002 have preferred these two appeals. In the appeal, today, a compromise petition is filed under Order XXIII Rule 3 of Code of Civil Procedure. It reads as under:
"1. The Appellants had filed a suit for declaration and permanent Injunction against the Respondent -6- herein on the file of Civil Judge (Sr.Dn.) Saundatti bearing O.S. No. 77/2002 and the said suit was came to be dismissed on 24/1/2007, being aggrieved the said order of the Trial Court the Appellants presents this Appeal.
2. The Respondent (Sangappa) herein had also filed a suit for partition and separate possession against the present Appellants on the file of Civil Judge (Sr.Dn.) Saundatti bearing O.S. No. 85/2002 and the said was decreed on 24/1/2007.
3. Its further submitted that, the Appellants herein aggrieved by the order of the court below had filed the present Appeal before this Hon'ble Court and further submitted that by the intervention of the elders of the village and also to settle the disputes ones for all by way compromise as under below.-7-
Genealogy of the Plaintiffs and Defendants.
Rudrappa Basavantappa Hanashi, ( Plaintiff No.1) | = Wife Smt. Gangawwa ( Already expired)
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Sangappa Shivappa Ningappa Irappa Panchappa
(Deft No.1) (Plf No.2) ( Pltff No.3) ( Pltff No.4) ( Plt No.5) Total Landed properties Assessmen Sl. Acre Block No. t Location No A-Gs Rs Munavalli Village 1 151 13-11 11-42 Taluka: Saundatti,
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2. 314/2 0-09 1-61 -do
3. 317 0-36 6-42 -do-
4. 706 6-00 8-10 -do-
5. 707 4-29 7-10 -do-
6. 239 4-20 6-03 Inam-Hongal Village
7. 110 4-36 6-03 Chikka-Ulligeri. 9 180 1-6 - Muravalli
4. Survey No. 151: Measuring 13 Acres 11 Guntas situated at Munivalli Village, Taluk: Saundatti, this property is divided among all the parties as 1/5th share to each and the description of the said suit property as stated below:-
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i) Nagappa Murgod Land:- Towards North Sangappa Shivappa Ningappa Irappa Panchappa (R1) (A2) (A3) (A4) ( A5) Road Road 2A.26G 2A.26G 2A.26G 2A.26G 2A.26G Panchayat Road, Note: All the parties should not obstruct to each other since there is a common cart -road and must maintain status-quo.
ii) Survey No. 314/2 : measuring 9 Guntas situated at Munivalli Village, Taluk: Savadatti, this landed property will absolutely allotted to Appellant No.5 i.e., Panchappa S/o Rudrappa Hansi.
iii) Survey No.317: Measuring 36 guntas situated at Munivalli Village, Taluk: Savadatti, this property is divided among the parties as 1/4th share to each and the description of the said suit property as stated below:- -9-
Sangapp Irappa Ningappa Shivappa North a ( A4) ( A3) (A2) Panchapp ( R1) a Hanasi 9 gunta River Land A-5 9 gunta 9 gunta 9 gunta Panchappa I Hanasi Land
iv) Survey No.706 & 707: Measuring 6 Acres and 4 Acres-29 guntas respectively situated at Munivalli Village, Taluk: Savadatti, both the Properties of respective survey numbers are adjacent to each other so the same is divided commonly among the parties as 1/5th share allotted to each and the description of the said suit property as stated below:-
Panchappa Hanasi Land North Sangap Panchappa Irappa Ningappa Shivappa Hussain pa Road ( A5) ( A4) ( A3) (A2) Sab ( R1) Kundanoor 2A. 5 Land 2A. 5 Gs 2A. 9 Gs 2A. 5 Gs 2A. 5 Gs Gs Irappa B. Hanasi Land Note: A tersiory canal was situated in the land of Irappa i.e. (A-4) so an excess of 4 guntas was
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allotted to him and the same was agreed by rest of the parties.
Further in the above said suit land a farm house was constructed during when they are jointly residing and further all the parties in the said land had common interest in the said form house and it has to be used for agricultural purposes and further all the parties has to co- operate and further all the parties has to give a cart-road to enter in to their respective lands and further it was agreed by all the parties respectively.
V. Survey No. 180: measuring 1 Acres 6 Guntas situated at Munivalli Village, Taluk: Savadatti, this property is divided among all the parties as 1/5th share to each and the description of the said suit property as stated below:-
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A Land of Hussain Sab Panchappa Irappa Ningappa Shivappa Sangappa ( A5) ( A4) ( A3) (A2) ( R1) South North Canal Gokak Road 10 guntas 9 guntas 9 guntas 9 guntas 9 guntas A Land of Ameen Sab In the above said land a canal was situated towards Ameensab Land and all the parties should share a common canal water and further they should not obstruct to each other in using the Cart-Road VI. Survey No. 239 :measuring 4 Acres 20 Guntas situated at Inam Hongal Village, Taluk: Savadatti, this property is divided among all the parties as 1/3rd share to each and the description of the said suit property as stated below:-
Land belongs to Turai Panchappa Irappa Ningappa North ( A5) ( A4) ( A3) Sintari La Road 1 A-20Gs 1 A-20 Gs 1A-20 Gs Road
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Note: Since there is a common cart road in the said lands and all the parties and all the parties should not obstruct and also maintain status-quo in enjoying the common cart road.
VII. Survey No. 110: measuring 4 Acres 36 Guntas situated at Chikka Ulligeri Village, Taluk:
Savadatti, this property is divided among all the parties as 1/2th share to each and the description of the said suit property as stated below:-
Halladakar Land Shivappa Sangappa ( A2) ( R1) North Huded Road Land 2 A-18Gs 2 A-18 Gs Road Note: All the parties should not obstruct and also maintain status-quo in enjoying the common cart road.
VII. Survey No. 41: measuring 13 Acres 25 Guntas situated at Teggihal Ulligeri Village, Taluk:
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Savadatti, this property is divided among all the parties as 1/5th share to each and the description of the said suit property as stated below:-
Land of Jakati Sangapp Shivappa Ningappa Irappa Panchappa a (A2) ( A3) (A4) ( A5) River ( R1) (Halla) North Siddappa 2A.16Gs 2A. 16Gs 3A. 16Gs 2A.16Gs 2A.16Gs Matagar Land Land of Gopashetty Note: In the above said land a 25 guntas is a waist land and it is not fit for cultivation so all the parties all willfully agreed to use a same to keep as an excess land for keeping of all agricultural implements as commonly and said 25 guntas is attached with Ningappa i.e. A-3's Land. Further in the Above said land i.e., Survey No. 41 there are 2 farm house and one cattle shed and in one farm house Appellant No.4 & 5 are the absolute owners and further in another farm house the appellant No.3 and 2 are the absolute owners and each of the parties should give a path way and further the
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cattle shed is allotted to the share of Sangappa(R1) absolutely.
VIII. V.P.C. No. 1156 and now it was renumbered as 1136 : situated at Munavalli Village, Taluk:
Savadatti and the said property allotted to Sangappa (R1) and no other persons have right over this property.
IX. House Properties situated in Survey No. 151 as stated below:-
1. A Tractor shed is allotted to the Respondent No.1 i.e., Sangappa (R1).
2. The Cattle Shed is allotted to the Appellant No.2 i.e., Shivappa.
3. Another 2 farm houses and in 1 house Appellant No.4 & 5 i.e. Irappa and Panchappa as to divide equally in one house and in another house is allotted to absolutely to Ningappa i.e. Appellant No.(3).
Note: Since Appellant No.3, 4 & 5 ( Ningappa, Irapppa and Panchappa must give a sum of Rs. 1,50,000/- each to Appellant No.2 (Shivappa) with a period of one month from the date of compromise since because the house property was not allotted to Appellant No.2 and he has to construct the house out of his own expenditure.
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X. The movable property i.e. Tractor and Trailer stands in the name of Appellant No.5 and i.e., Panchappa and he is an absolute owner of the said property and others have no right over the said property.
Note: The Appellant No.1 is old enough and bed riddin and suffering from various deceases so to avoid legal future consequences his share was allotted among all the son's and further he has agreed to that effect in the interest of justice. So his share was commonly divided among all rest of parties.
Wherefore, the Appellants and Respondents as jointly filed this compromise petition and further all the parties in the above top noted Appeal have willfully agreed and understood the contents of the compromise petition and the description of the properties have stated above and explained in vernacular language and we had understood and
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they have agreed to each other, hence we respectively prays this Hon'ble Court may pleased to pass an order in view of the Compromise petition and further prays to draw the Decrees in view of the compromise petition. Hence the same may kindly be accept in the interest of Justice and Equity."
4. The parties by mutual agreement, now have effected a partition of all the plaint schedule properties allotting share to each member. The said compromise petition is duly executed by all the parties to these two suits. In fact, Rudrappa who is aged about 102 years is present before the Court. All the parties admit execution of compromise petition. Learned counsels also have affixed their signatures to the compromise petition.
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5. We have gone through the terms of the compromise petition. It is lawful. In that view of the matter, we accept the compromise petition and direct that both these appeals are disposed of in terms of the compromise petition. Registry shall draw final decree in terms of the compromise petition.
SD/-
JUDGE SD/-
JUDGE mkc