Karnataka High Court
Ganganagouda S/O Veeranagouda Nargund vs Manjunath S/O Shivappa Ravadi on 9 January, 2019
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9th DAY OF JANUARY 2019
PRESENT
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON'BLE MR. JUSTICE BELLUNKE A.S.
REGULAR FIRST APPEAL No.100012 OF 2016
C/W REGULAR FIRST APPEAL NO.100011 OF 2016(dec. &
permn. Inj.)
IN RFA NO.100012 OF 2016
BETWEEN:
1. GANGANAGOUDA
S/O VEERANAGOUDA NARGUND
AGED ABOUT 67 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
2. SOMANGOUDA
S/O VEERANAGOUDA NARGUND
AGE ABOUT 59 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
3. GURUSIDDAGOUDA
S/O VEERANAGOUDA NARGUND
AGE ABOUT 57 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
4. GURUSIDDAGOUDA
2
S/O VEERABHADRAGOUDA NARGUND
AGE ABOUT 46 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
...APPELLANTS
(BY SRI. SACHIN S. MAGADUM, ADV.)
AND:
1. MANJUNATH S/O SHIVAPPA RAVADI
AGE ABOUT 33 YEARS
OCC:NOT KNOWN
R/O:KALIDAS NAGAR, KUNDAGOL-581112
2. SMT.MALLAVVA W/O VEERAPPA DHARWAD
AGE ABOUT 57 YEARS
OCC:HOUSEHOLD WORK
R/O:DASTIKOPPA
TQ:KALAGHATAGI-581204
3. SMT.SHANTAVVA W/O BASAPPA KURTHAKOTI
AGE ABOUT 54 YEARS
OCC:HOUSEHOLD WORK
R/O:KUNDGOL-581204
4. SMT.VEERAVVA @ GIRIJAVVA
W/O SHIVANAGOUDA BALANGOUDAR
AGE ABOUT 50 YEARS
OCC:HOUEHOLD WORK
R/O:SHIRUR, TQ:NAVALGUND-581201
5. LALITA W/O NINGAPPA THOLABANDI
AGE ABOUT 44 YEARS
OCC:HOUSEHOLD WORK
R/O:NEAR HARI MANDIR, SHAHU NAGAR,
BIJAPUR-586101
6. SMT.MANJULA @ SHOBHA
3
W/O DODDESHAPPA KAMADOLLI
AGE ABOUT 41 YEARS
OCC:HOUSEHOLD WORK
R/O:ADARGUNCHI
TQ HUBBALLI-580212
7. SMT.SARVAMANGALA @ SHAILAJA
W/O VEERANNA NEERALAGI
AGE ABOUT 37 YEARS
OCC:HOUSEHOLD WORK
R/O:SADASHIVANAGAR,
BHAIRIDEVARAKOPPA,
HUBBALLI-580025
8. SMT.GIRIJAVVA
W/O VEERABHADRAGOUDA NARAGUND
AGE ABOUT 73 YEARS
OCC:HOUSEHOLD WORK
R/O:ADARGUNCHI, TQ:HUBBALLI 580212
...RESPONDENTS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R1
SRI. VIJAY M. MALALI, ADV. FOR R2 TO R8)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 18.12.2015 PASSED IN O.S.NO.95/2008, ON THE
FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI, DISMISSING THE
SUIT FILED FOR DECLARATION AND PERMANENT
INJUNCTION.
IN RFA NO.100011 OF 2016
BETWEEN
1. GANGANAGOUDA S/O VEERANAGOUDA NARGUND
AGED ABOUT 67 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI
4
DIST:DHARWAD-580212
2. SOMANGOUDA S/O VEERANAGOUDA NARGUND
AGE ABOUT 59 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
3. GURUSIDDAGOUDA S/O VEERANAGOUDA NARGUND
AGE ABOUT 57 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
4. GURUSIDDAGOUDA
S/O VEERABHADRAGOUDA NARGUND
AGE ABOUT 46 YEARS
OCC:AGRL, R/O:ADARGUNCHI
TQ:HUBBALLI, DIST:DHARWAD-580212
... APPELLANTS
(By Sri. SACHIN S MAGADUM, ADV. )
AND:
1. MANJUNATH S/O SHIVAPPA RAVADI
AGE ABOUT 33 YEARS
OCC:NOT KNOWN
R/O:KALIDAS NAGAR, KUNDAGOL-581112
2. SMT.MALLAVVA W/O VEERAPPA DHARWAD
AGE ABOUT 57 YEARS
OCC:HOUSEHOLD WORK
R/O:DASTIKOPPA
TQ:KALAGHATAGI-581204
3. SMT.SHANTAVVA W/O BASAPPA KURTHAKOTI
AGE ABOUT 54 YEARS
OCC:HOUSEHOLD WORK
R/O:KUNDGOL-581204
5
4. SMT.VEERAVVA @ GIRIJAVVA
W/O SHIVANAGOUDA BALANGOUDAR
AGE ABOUT 50 YEARS
OCC:HOUEHOLD WORK
R/O:SHIRUR, TQ:NAVALGUND-581201
5. LALITA W/O NINGAPPA THOLABANDI
AGE ABOUT 44 YEARS
OCC:HOUSEHOLD WORK
R/O:NEAR HARI MANDIR, SHAHU NAGAR,
BIJAPUR-586101
6. SMT.MANJULA @ SHOBHA
W/O DODDESHAPPA KAMADOLLI
AGE ABOUT 41 YEARS
OCC:HOUSEHOLD WORK
R/O:ADARGUNCHI
TQ HUBBALLI-580212
7. SMT.SARVAMANGALA @ SHILAJA
W/O VEERANNA NEERALAGI
AGE ABOUT 37 YEARS
OCC:HOUSEHOLD WORK
R/O:SADASHIVANAGAR, BHAIRIDEVARAKOPPA,
HUBBALLI-580025
8. SMT.GIRIJAVVA
W/O VEERABHADRAGOUDA NARAGUND
AGE ABOUT 73 YEARS
OCC:HOUSEHOLD WORK
R/O:ADARGUNCHI, TQ:HUBBALLI
DIST:DHARWAD-580212
... RESPONDENTS
(By Sri. MALLIKARJUNSWAMY B HIREMATH, ADV. FOR R1.
SRI. VIJAY M. MALALI, ADV. FOR R2 TO R8. )
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED:18.12.2015, PASSED IN O.S.NO.95/2008 ON THE
6
FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI, DISMISSING THE
SUIT FILED FOR DECLARATION AND PERMANENT
INJUNCTION.
THESE RFAs COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are listed today in order to record a compromise between the parties. They arise out of O.S. No.95 of 2018 and the counter claim filed in the said suit disposed off on 18.12.2015 by the Court of Principal Senior Civil Judge and JMFC, Hubli.
2. RFA No.100012 of 2016 is filed by the plaintiffs in the suit being aggrieved by the dismissal of their suit while RFA No.100011 of 2016 is filed by the very same plaintiffs being aggrieved by decreeing the counter claim.
3. Brief stated facts are that the plaintiffs filed O.S. No.95 of 2008 seeking the relief of declaration that Smt. Savakka died intestate and 7 consequently plaintiffs 1 to 4 succeeded to her share in the suit properties.
4. In response to the suit summons and Court notices, defendant No.1 appeared and filed his counter claim by contending that Smt. Savakka had executed a will dated 18.08.2001 in his favour; that he is Savakka's brother's son and therefore her nephew and that the suit has to be dismissed and the counter claim has to be allowed.
5. By judgment and decree dated 18.12.2015, the trial Court dismissed plaintiffs' suit and allowed the counter claim. Being aggrieved by the same, plaintiffs have preferred these appeals.
6. During the pendency of these appeals, the parties have negotiated a settlement and have filed a compromise petition on 07.01.2019 which had been put up today.
8
7. Learned counsel for the respective parties submit that the parties have arrived at an amicable settlement of their dispute and that right, title and interest between the parties inter se are settled and a compromise petition has been filed and that these appeals may be disposed off in terms of the compromise. They further submit that the concerned parties are present and they have brought to our notice the fact that appellant Nos.1 to 3 are represented by their General Power of Attorney Holder, who is respondent No.4. A copy of General Power of Attorney is also annexed to the compromise petition. Similarly, it is stated that respondent Nos.2 to 5, 7 and 8 are represented through their GPA holder Smt. Manjula-respondent No.6. A copy of the General Power of Attorney is also annexed to the compromise petition. Learned counsel reiterate that the appeals may be disposed off in 9 terms of the settlement arrived at between the parties.
8. The General Power of Attorney holder for appellant Nos.1 to 3, who is also appellant No.4, is present. Similarly GPA holder for respondent Nos.2 to 5, 7 and 8, who is also respondent No.6 is present in Court. Respondent No.1, who is contesting defendant in the suit is also present in the Court. The parties who are present in Court are identified by their respective counsel. They submit that the arriving at a settlement of the dispute is on their own will and volition without there being any force or coercion. They submit that the appeals may be disposed off in terms of the compromise petition filed in these appeals.
In the circumstances, compromise petition filed in both the appeals are taken on record and perused. The compromise petition is 10 filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which reads as under:
" The parties he re in jo intly submit the compro mise pe tition as he reunder:-
1. That the appe llants have file d the top noted appeal against the judgment and decree dated 18/ 12/ 2015 passe d on counte r claim of 1 s t respo ndent in OS No.95 of 2008 on the file of Principal Senior Civil Judge and JMFC, Hubballi. T he suit was originally filed by the appe llants seeking the relief of declaration and inj unction.
2. Following are the suit prope rties:
i. Agricultural lande d prope rty co mprised in Blo ck No .39, measuring 9 acres and 2 guntas situated at A dargunchi village , Tq. Hubballi, D ist.: Dharwad and bo unde d as fo llo ws:-On the East by: Block No.38 and 40
On the West by: Block No.22
On the North by: Block No.22
On the South by: Road
ii. Agricultural lande d prope rty co mprised in Block No .254, measuring 9 acre s and 15 guntas situated at A dargunchi village , tq.11
Hubballi, D ist. Dharwad and bo unde d as fo llo ws:
On the East by: Block No.262 On the West by: Block No.304 On the North by: Block No.255 and 257 On the South by: Block No.253 and 252 iii. Agricultural lande d prope rty co mprised
in Block No.344 measuring 3 acre s 00 guntas situate d at Adargunchi village , Tq. Hubballi, Dist. D harwad and bounde d as fo llows:
On the East by: Block No.343 On the West by: Block No.355 On the North by: Block No.345 On the South by: Block No.342. iv. Agricultural lande d prope rty co mprised
in Block No .505, measuring 00 acres and 20 guntas situated at A dargunchi village, Tq. Hubballi, D ist.: Dharwad and bo unde d as fo llo ws:
On the East by: Block No.508
On the West by: Block No.504
On the North by: Block No.506
On the South by: Block No.512
v. Agricultural lande d prope rty co mprised
in Block No.607, measuring 3 Acres and 07
guntas situated at A dargunchi village, tq.
12
Hubballi, D ist. Dharwad and bounde d as
fo llo ws:
On the East by: Road
On the West by: Block No.608
On the North by: Road
On the South by: Block No.606
vi. Agricultural lande d prope rty co mprised
in Block No.491 measuring 1 acre and 22
guntas situated at A dargunchi village, Tq.
Hubballi, D ist.:D harwad and bo unde d as
fo llo ws:
On the East by: Block No.490
On the West by: Block No.492, 493 & 494
On the North by: Road
On the South by: Block No.489
vii. The residential house and open space comprised in V PC 153/A situate d at Adargunchi village , Tq. Hubballi, D ist. Dharwad and bounded as fo llows:
On the East by: Road
On the West by: prope rty of Veerupaxgouda
Naragund
On the North by: Prope rty of Kulkarni
On the South by: Prope rty of Hirego udar.
3. The parties submit at the inte rventio n of the elders, we ll wishe rs and family frie nds the parties 13 have agreed to amicably settle the dispute amongst themse lves on fo llo wing terms and conditio ns:
a. That the defe ndant No .1/ respo nde nt No .1 had set up a co unte r claim in O.S.No .95/ 2008 unde r an alle ged Will dated 17/ 08/ 2001 execute d by late S mt. S avakka. In pursuance of the amicable settlement between the parties, the parties he reby agree that, in lieu o f the claim of the respondent No.1/ defendant N o.1 under the alle ged will date d 17/08/ 2001 the plaintiffs/ appe llants hereby agree to give/allo t to the respo ndent No .1/ defe ndant No.1 the fo llo wing:
i. That the appe llants/plaintiffs have paid to the respo ndent No.1/ defendant N o.1 a sum of Rs.7,40,000/- (Rupees seven lakhs forty only) in the presence of the elde rs and we ll- wishe rs of the family and the receipt of the same is here by ackno wle dged by the responde nt N o.1/ defendant No.1.
b. Further the appe llants/ plaintiffs and respondent Nos.2 to 8 here by re linquish all the ir rights, title and interests in 3 acres of land on the northern side o f Blo ck No .39 out of 9 acres and 2 guntas and allot the said 3 acres o n the northern side of Blo ck No.39 to the share of respondent No.1/ defendant No.1 and retain the remaining 6 acres and 2 guntas to the ir share .14
c. The respondent N o.1/ defendant No .1 here by withdraws his co unter claim filed before the trial Court in O.S. N o.95/2008 on the file of the Principal Se nio r Civil Judge and JM FC, Hubli and there by re linquishes/waives-o f his rights under the alle ged will dated 17/08/ 2001 over the suit prope rties exce pt 3 acres of land o n the no rthern side of Block N o.39 in lie u of the afo resaid amicable se ttleme nt between the parties. d. The defendant No .1/responde nt No .1 hereby agrees, ackno wle dges and confirms that he shall not have any rights, interests or title over the suit prope rties mentio ned here inabo ve other than the rights o ver 3 acre s of land on the northe rn side of block No.39 allo tted to his share in Clause No.( a) above .
e. The defendant No .1/responde nt No .1 hereby admits that the plaintiffs No.1 to 4 defendants No.2 to 8 are the only le gal he irs of Smt. S avakka Mallangouda Naragund and that the plaintiffs No.1 to 4 are jo intly entitled to the title and possessio n over the suit properties e xcept 3 acres of land o n the northern side o f Block No.39. f. The defendant No .1/responde nt No .1 hereby agrees that the defendant No.1/responde nt No .1 shall no t claim any right, title or interest ove r the suit pro perties e xcept 3 acres of land on the northern side of Blo ck No .39 in whatsoeve r 15 manner and this compro mise dee d shall be binding upon the parties.
g. The parties he re in agree that in vie w of the compro mise entered upon betwee n the parties, this Hon' ble Court may be please d to direct the registry to draw decree in terms of this Compromise petition.
5. The plaintiffs N o.1 to 4 are in jo int possessio n of the suit pro perties and that the y are free to deal with the pro perties in the manne r deemed fit to the m and the y shall enjoy the same as abso lute owners and the y shall get the ir names entere d in the concerne d reco rds, except 3 acres(no rthern side) land of Blo ck N o.39.
6. The parties shall co-operate in getting the ir names entered in the co ncerne d record pertaining to the pro perties allotted the ir respe ctive shares."
9. On perusal of the same, we find that the said terms are lawful and there is no legal impediment for the compromise arrived at between the parties being accepted by this Court.
10. In the circumstances, the regular first appeals are disposed off in terms of the compromise arrived at between the parties by 16 setting aside the judgment and decree passed in O.S. No.95 of 2008 filed by the plaintiffs and modifying the judgment and decree passed in the counter claim filed by defendant No.1 in the said suit.
Office to draw up the final decree in terms of the compromise arrived at between the parties.
Sd/-
JUDGE Sd/-
JUDGE kmv