Karnataka High Court
Sri.Satagouda Basappa Chimmat vs Sri.Basaling S/O Mallappa Chimmat on 28 September, 2018
Bench: B.Veerappa, H.T.Narendra Prasad
:1:
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 28 T H DAY OF SEPTEMBER, 2018
PRESENT
THE HON'BLE MR.JUSTICE B.VEERA PPA
AND
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
R.F .A.NO.100251/2015 (PART. & SEP. POS .)
C/W.
R.F .A.NO.100250/2016 (PART. & SEP. POS .)
R.F .A.NO.100285/2015 (PART. & SEP. POS .)
IN RFA NO.10025 1/2015
BETWEEN:
SRI SA TAGOUDA BASAPPA CHIMMAT
SINCE DECEASED BY LRS
1. SMT.GODEWWA S/O SATAGOUDA CHIMMAT
AGE:73 Y EARS, OCC: AGRICULTURE
R/O:BOLOBAL, TQ :GOKAK
DIST:BELAGAVI,
SINCE DECEASED,
BY HER L.RS ., APPELLANTS NO.2 TO 5
2. SRI RAMALING S/O SATAGOUDA CHIMMAT
AGE:57 Y EARS, OCC: AGRICULTURE
R/O:BOLOBAL, TQ :GOKAK
DIST:BELAGAVI
3. SMT.BASAVVA IRA PPA KUNDANNAVA R
AGE:53 Y EARS, OCC:AGRICULTU RE
:2:
R/O:BOLOBAL, TQ :GOKAK
DIST:BELAGAVI
4. SRI ASHOK S/O S ATAGOUDA CHIMMAT
AGE:45 Y EARS, OCC:AGRICULTU RE,
R/O:BOLOBAL, TQ :GOKAK
DIST:BELAGAVI
5. SMT.MEENAXI BAS AVANNI CHOUGALA
AGE:41 Y EARS, OCC:AGRICULTU RE
R/O:HANJANA TTI,
HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
6. SRI SHANKAR S/O BASAPPA CHIMMAT
AGE:73 Y EARS, OCC:AGRICULTU RE
R/O:HANJANA TTI,
HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
SINCE DECEASED, BY H IS L.RS .,
6A) SMT.SUSHILA W/O .SHANKAR CHIMM AT
AGE: 68 YEARS ,
6B) SRI JAGADEESH S/O.SHANKAR CHIMMAT
AGE: 43 YEARS ,
6C) SMT.PUSHPA W/O.SANGAPPA ASKI
AGE: 39 YEARS ,
ALL ARE R/A T HA NJANATTI,
TQ: HUKKERI, DIS T: BELAGAVI.
7. SRI MARU TI S/O BASAPPA CHIMMAT
AGE:70 Y EARS, OCC:AGRICULTU RE
R/O:HANJANA TTI,
HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
... APPELLANTS.
(BY SRI MRU TYUNJAY TA TA BANGI, ADVOCATE.)
:3:
AND:
1. SRI BASALING S/O MALLAPPA CHIMM AT
AGE:68 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI
2. SRI.CHANDRAPPA S/O MALLAPPA CH IMMAT
AGE:66 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI
3. SRI KEMPANNA S/O MALLAPPA CHIM MAT
AGE:59 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI
SMT.SHARAWWA MALLAPPA CHIMMAT
NOW DECEASED BY LRS WHO ARE
ON RECORD AS RESPONDENTS
4. SRI KALLAPPA S /O MALLAPPA CHIMM AT
AGE:63 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, NOW A T BALOBAL VILLAGE,
TQ:HUKKERI, DIS T:BELAGAVI
5. SMT.SA TYAWWA APPANNA KARADI
AGE:61 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
SRI PARAPPA BAS ALING KUNDANNA VAR
SINCE DECEASED BY HIS L.RS.,
6. SMT.BALAWWA PA RAPPA KUNDANNAVAR
AGE:78 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
7. SRI SHIVAGOUDA S/O PARAPPA KUNDANNAVAR
AGE:63 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
:4:
8. SRI IRGOUDAA PARAPPA KUNDANNAVAR
AGE:59 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
9. SRI LAGAMMANNA S/O PARAPPA KUNDANNAVAR
AGE:56 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI,
TQ:HUKKERI, DIS T:BELAGAVI
10. SMT.SHIVAGANGAVVA PARAPPA KUNDANNAVAR
AGE:50 Y EARS, OCC:AGRICULTU RE,
R/O:BALOBAL, TQ :GOKAK
DIST:BELAGAVI
11. SRI BALAPPA S/O GIREPPA KHADAKI
AGE:95 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI.
12. SRI BALAPPA S/O SHANKAR KHANAPURI
AGE:60 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
(DELETED, VIDE COURT ORDER DATED
28.9.2018.)
SRI S IDDAPPA MALLAPPA JAGANURI
SINCE DECEASED BY LRS
13. SRI BALAPPA SIDD APPA JAGANURI(BUDUGOL)
AGE:52 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI-591309
DIST:BELAGAVI
SRI NINGAPPA S/O SIDDAPPA JAGANURI
SINCE DECEASED BY LRS
14. SRI MALLAPPA S/O NINGAPPA JAGA NURI
AGE:22 Y EARS, OCC:AGRICULTU RE,
R/O:SANGAMESH NAGAR, KO TABAGI
TQ:HUKKERI, DIS T:BELAGAVI-591309
:5:
15. SMT.MALASHREE RAMESH TUPPAROTTI
AGE:20 Y EARS, OCC:AGRICULTU RE,
R/O:GUDUS, TQ :HUKKERI
DIST:BELAGAVI
16. SRI RAVINDRA S/O NINGAPPA JAGA NURI
AGE:14 Y EARS
MINOR REP BY HIS ELDER BRO THER
SRI MALLAPPA NINGAPPA JAGANURI
RESP.NO.14
17. SMT.ANNAWWA BA SAPPA TUPPARO TTI
AGE:45 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI
DIST:BELAGAVI-591309
18. SMT.SA TTEWWA SIDDAPPA JAGANURI
AGE:70 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI
DIST:BELAGAVI-591309
19. SRI PAWADI S/O MALLAPPA JAGANURI
AGE:55 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
20. SRI REVAPPA S/O SHANKAR JAGANURI
AGE:35 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
21. SRI IRAPPA S/O S HANKAR JAGANURI
AGE:30 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
22. SRI APPANNA S/O BASAWANT JAGANURI
AGE:60 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
23. SRI SHIVAPPA S/O BASAWANT JAGANURI
AGE:55 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI,
:6:
HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
24. SRI BASAPRABHU S/O BASAPPA CHIMMAT
AGE:90 Y EARS, OCC:AGRICULTU RE,
R/O:BOLOBAL, TQ :GOKAK
DIST:BELAGAVI
25. SRI DUNDAPPA S/O BASAPPA CHIMMAT
AGE:80 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELIM UNNOLI
TQ:HUKKERI, DIS T:BELAGAVI-591309
... RESPONDENTS
(BY SMT. P.G .NAIK, ADVOCA TE, FOR R.1 TO R.3;
SRI RAJASHEKHAR BURJI, ADVOCA TE, FOR R.4 AND
R.10;
SRI SACHIN S MAG ADUM, ADVOCATE, FOR R.5 & R.24;
SRI S .B.KORA TAGI, ADVOCA TE, FOR R.25;
R.6, 8, 9, 11, 13, 15, 19 TO 23 - NO TICE SERVICED ;
R.7, 14, 17 AND 18 - NOTICE HELD S UFFICIENT;
R.12 - DELETED, VIDE COURT O RDER DA TED 28.9.2018;
R.16 - MINOR, REP. BY R.14.)
THIS REGULAR F IRS T APPEAL IS FILED UNDER
SECTION 96 OF CPC, PRAYING TO SET ASIDE THE
JUDGMENT & DECREE DATED:20.08.2015, PASSED IN
FDP NO.7/2012, ON THE F ILE OF THE S ENIOR CIVIL
JUDGE, HUKKERI, INSOFAR AS IT RELA TES TO
SY.NO.132, 129/8 MEASURING 13 ACRES 4 GUNTAS AND
1 ACRE 21 GUNTAS, RESPECTIVELY AND ALSO VPC
NOS.808, 1158, 819 AND 1190, S ITUA TED AT
HANJANATTI HAMLET OF YALIMU NNOLI VILLAGE OF
HUKKERI TALUK IN BELAGAVI DISTRICT AND TO
DISMISS THE FINAL DECREE PROCEEDINGS BY
ALLOWING TH IS A PPEAL, ETC.,.
:7:
IN RFA NO.10025 0/2016
BETWEEN:
1. BASAPRABHU
S/O BASAPPA CHIMMAT @ CHIMAD,
AGE: 92 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
2. BASAVARAJ
S/O.BASAPRABHU CHIMMAT @ CH IMAD,
AGE: 62 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
3. RAMAGOUDA
S/O.BASAPRABHU CHIMMAT @ CH IMAD,
AGE: 57 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
4. SMT.BHIMAVVA
W/O BASAPRABHU CHIMMAT @ CHIM AD
AGE: 82 YEARS , OCC: HOUSEHOLD WORK,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
5. SHIVPU TRA
BASAPRABHU CHIMMAT @ CHIMAD,
AGE: 48 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
... APPELLANTS.
(BY SRI SACHIN S MAGADUM, ADVOCATE.)
AND:
1. GODAWA
W/O SA TAGOUDA CHIMMAT @ CH IMAD,
:8:
AGE: 72 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI,
SINCE DECEASED, BY L.RS.,
RESPONDENTS NO.2 TO 5.
2. RAMALING
S/O SATAGOUDA CHIMMAT @ CH IMAD,
AGE: 55 YEARS , OCC: AGRICULTURE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
3. BASAWA
W/O SA TAGOUDA CHIMAT @ CHIMAD,
AGE: 52 YEARS , OCC: HOUSEHOLD WORK,
R/O: HANJANATTI, TAL: HUKKERI,-591307
DIST: BELAGAVI.
4. ASHOK
S/O SATAGOUDA CHIMMAT @ CH IMAD,
AGE: 48 YEARS , OCC: AGRICULTURE & SERVICE,
R/O: BALOBAL, TA L: GOKAK-591307,
DIST: BELAGAVI.
5. MEENAKSHI
W/O BASAVANNI CHOUGALA,
AGE: 42 YEARS , OCC: HOUSEHOLD WORK,
R/O: SULTANAPUR, TA L: HUKKERI-591309,
DIST: BELAGAVI.
6. SHANKAR
S/O BASAPPA CHIMAT @ CH IMAD,
AGE: 68 YEARS , OCC: AGRICULTURE,
R/O: HANAJINA TTI,
HAMLET OF YELIM UNNOLI,
TAL: HUKKERI-591309, DIS T: BELAG AVI,
SINCE DECEASED, BY L.RS.,
6A) SMT.SUSHEELA W/O.SHANKAR CHIMAT
AGE: MAJOR, OCC: HOUSEHOLD WO RK,
R/O.HANJINA TTI, HAMLET OF YELIM UNNOLI,
TQ: HUKKERI, DIS T: BELAGAVI.
:9:
6B) JAGADISH S/O.SHANKAR CHIMA T
AGE: MAJOR, OCC: AGRICULTURE,
R/O.HANJINA TTI, HAMLET OF YELIM UNNOLI,
TQ: HUKKERI, DIS T: BELAGAVI.
6C) SMT.PUSHPA W/O.SANGAPPA ASKI
AGE: MAJOR, OCC: AGRICULTURE,
R/O.HANJINA TTI, HAMLET OF YELIM UNNOLI,
TQ: HUKKERI, DIS T: BELAGAVI.
7. MARUTI
S/O BASAPPA CHIMAT @ CH IMAD,
AGE: 65 YEARS , OCC: AGRICULTURE,
R/O: HANAJINA TTI,
HAMLET OF YELIM UNNOLI,
TAL: HUKKERI-591309, DIS T: BELAG AVI.
8. DUNDAPPA
S/O BASAPPA CHIMAT @ CH IMAD,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: HANAJINA TTI,
HAMLET OF YELIM UNNOLI,
TAL: HUKKERI-591309, DIS T: BELAG AVI.
... RESPONDENTS
(BY SRI MRU TYUNJAY TA TA BANGI, ADVOCATE, FOR R.2
TO 5, 6(A) TO (C) A ND 7;
SRI S .B.KORA TAGI, ADVOCA TE, FOR R.8;
R.1 - DECEASED, REP. BY R.2 TO R.5.)
THIS REGULAR F IRS T APPEAL IS FILED UNDER
ORDER 41 RUL3 1 READ WITH SECTION 96 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 11.12.2015, PASSED IN FDP NO.2/1999, ON THE
FILE OF SENIOR CIVIL JUDGE, HUKKERI, ETC.,.
: 10 :
IN RFA NO.10028 5/2015
BETWEEN:
KALLAPPA MALLAPPA CHIMMAT
AGED ABOUT 64 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, NOW A T:BALOBAL
TQ:GOKAK, DIS T:BELAGAVI-590001.
... APPELLANT.
(BY SRI RAJASHEKHAR BURJI, ADVOCATE.)
AND:
1. BASALING MALLAPPA CHIMMAT
AGE:68 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI-590001.
2. CHANDRAPPA MALLAPPA CHIMMAT
AGED ABOUT 66 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI-590001.
3. KEMPANNA MALLA PPA CHIMMAT
AGED ABOUT 58 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, TQ:HUKKERI
DIST:BELAGAVI-590001.
4. SMT.SHARAWWA MALLAPPA CHIMMAT
SINCE DECEASED BY L.RS .,
RESP.NO.1 TO 3
5. SATYAWWA W/O A PPANNA KARADI
AGED ABOUT 64 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
: 11 :
6. PARAPPA BASALING KUNDANNAVAR
SINCE DECEASED BY L.RS .,
6A) SMT.BALAWWA PA RAPPA KUNDANNAVAR
AGED ABOUT 78 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
6B) SHIVAGOUDA PARAPPA KUNDANNAVAR
AGED ABOUT 62 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
6C) IRAGOUDA PARAPPA KUNDANNAVAR
AGED ABOUT 61 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
6D) LAGAMANNA PARAPPA KUNDANNAVA R
AGED ABOUT 78 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
6E) SMT.SHIVAGANGAVVA PARAPPA KUNDANNAVAR
AGED ABOUT 78 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
7. BASAPPA GIREPPA KHADAKI
AGED ABOUT 65 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
8. BALAPPA SHANKAR KHANAPURI
AGED ABOUT 61 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
9. SIDDAPPA MALLAPPA JAGANURI
SINCE DECEASED BY LEGAL REP.,
9A) BALAPPA SIDDAPPA JAGANURI(BUDUGOL)
AGED ABOUT 55 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI
: 12 :
DIST:BELAGAVI-590001.
9B) NINGAPPA SIDDAPPA JAGANURI
SINCE DECEASED BY LEGAL REP.,
9B1) MALLAPPA NINGAPPA JAGANURI
AGED ABOUT 22 Y EARS, OCC:AGRICULTU RE,
R/O:SANGAMESH NAGAR, KO TABAGI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
9B2) SMT.MALASHREE RAMESH TUPPAROTTI
AGED ABOUT 20 Y EARS, OCC:SERVICE
R/O:GUDUS, TQ :HUKKERI
DIST:BELAGAVI-590001.
9B3) RAVINDRA NINGAPPA JAGANURI
AGED ABOUT 15 Y EARS, OCC:AGRICULTU RE,
R/O:SANGAMESH NAGAR, KO TABAGI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
9C) SMT.ANNAWWA BA SAPPA TUPPARO TTI
AGED ABOUT 45 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI
DIST:BELAGAVI-590001.
9D) SMT.SA TTEWWA SIDDAPPA JAGANURI
AGED ABOUT 70 Y EARS, OCC:AGRICULTU RE,
R/O:KO TABAGI, TQ:HUKKERI
DIST:BELAGAVI-590001.
10. PAWADI MALLAPPA JAGANURI
AGED ABOUT 61 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
11. REVAPPA SHANKAR JAGANURI
AGED ABOUR 64 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
12. IRAPPA SHANKAR JAGANURI
AGED ABOUT 62 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
: 13 :
13. APPANNA BASAWANT JAGANURI
AGED ABOUT 62 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
14. SHIVAPPA BASAVA NT JAGANURI
AGED ABOUT 60 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
15. BASAPRABHU BASAPPA CHIMMAT
AGED ABOUT 55 Y EARS, OCC:AGRICULTU RE,
R/O:BOLABAL, TQ :GOKAK
DIST:BELAGAVI-590001.
16. SATAGOUDA BASAPPA CHIMMAT
SINCE DECEASED BY LEGAL REP.
16A) SMT.GODEWWA S ATAGOUDA CHIMMAT
AGED ABOUT 72 Y EARS, OCC:AGRICULTU RE,
R/O:BOLABAL, TQ :GOKAK
DIST:BELAGAVI-590001,
SINCE DECEASED, REP. BY L.RS ., R.16(B) TO (E) .
16B) RAMALING SATAG OUDA CHIMMAT
AGED ABOUT 56 Y EARS, OCC:AGRICULTU RE,
R/O:BOLABAL, TQ :GOKAK
DIST:BELAGAVI-590001.
16C) SMT.BASAVVA IRA PPA KUNDANNAVA R
AGED ABOUT 52 Y EARS, OCC:AGRICULTU RE,
R/O:BOLABAL, TQ :GOKAK
DIST:BELAGAVI-590001.
16D) ASHOK SATAGOUDA CHIMMAT
AGED ABOUT 44 Y EARS, OCC:AGRICULTU RE,
R/O:BOLABAL, TQ :GOKAK
DIST:BELAGAVI-590001.
16E) MEENAXI BASAVANNI CHOUGULA
AGED ABOUT 40 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
: 14 :
17. DUNDAPPA BASAPPA CHIMMAT
AGED ABOUT 50 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
18. SHANKAR BASAPPA CHIMMAT
AGED ABOUT 50 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
18A) SUSHEELA W/O .SHANKAR CHIMMAT
18B) JAGADISH S/O.SHANKAR CHIMMAT
18C) PUSHPA W/O.SANGAPPA ASKI
ALL ARE R/O.HANJANATTI, HAMLET OF
YELLIMUNNOLLI,
TQ: HUKKERI, DIS T: BELAGAVI.
19. MARUTI BASAPPA CHIMMAT
AGED ABOUT 50 Y EARS, OCC:AGRICULTU RE,
R/O:HANJANA TTI, HAMLET OF YELLIMUNNOLLI
TQ:HUKKERI, DIS T:BELAGAVI-590001.
... RESPONDENTS
(BY SMT. P G NAIK, ADVOCA TE, FOR R.1 TO R.3;
SRI SHIVARAJ C. BALLOOLI, ADVOCATE, FOR R.5;
SRI SACHIN S. MA GADUM, ADVOCATE, FOR R.15;
SRI MRU TYUNJAY TA TA BANGI, ADVOCATE, FOR R.16( B)
TO ( E), 17, 18(A) TO (C) AND 19;
R.6(A), (C), (D), (E) , 9(B)(2) , 10 TO 14 - NO TICE SERVED ;
R.6(B) , 7, 9(A), 9(B)(1), 9(B)(3), 9(C) , 9(D) - NO TICE HELD
SUFFICIENT;
R.4 - DECEASED, REP. BY R.1 TO R.3;
R.8 - NO TICE DISPENSED WITH;
R.16(A) - DECEASED, REP. BY R.16( B) TO (E) .)
THIS REGULAR F IRS T APPEAL IS FILED UNDER
SECTION 96 OF CPC PRAYING TO S ET ASIDE THE ORDER
: 15 :
DATED 20.8.2015, PASSED BY THE COURT OF SENIOR
CIVIL JUDGE, HUKKERI, IN FDP NO.7/2012, ETC.,.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, B.VEERAPPA J., DELIVERED TH E FOLLOWING:
JUDGMENT
These appeals in RFA No.100251/2015 and RFA No.100285/2015 are filed by the L.Rs., of defendants No.13, 15 and 16, against the order dated 20.8.2015 made in FDP No.7/2012 arising out of O.S.No.19/2004 filed by the respondents/ plaintiffs for partition and separate possession.
2. The appeal in RFA No.100250/2016 is filed by the 1 s t defendant against the order dated 11.12.2015 made in FDP No.2/1999 arising out of O.S.No.163/1997 filed by the respondents/plaintiffs for partition and separate possession.
3. The successful plaintiffs filed FDP No.7/2012 to implement the decree made in : 16 : O.S.No.19/2004 and FDP No.2/1999 to implement the decree in O.S.No.163/1997.
4. In all these appeals the parties have filed a common compromise petition under Order 23 Rule 3 of CPC duly signed by all the appellants, respondents and their respective counsels who identified their respective parties in the Open Court and have signed the compromise petition in the presence of their respective counsels and the respective counsels have also signed the compromise petition in the presence of their respective parties. When query is made to all the parties by this Court, all the parties voluntarily submit that they have agreed the terms and conditions of the compromise petition entered into between the parties and voluntarily submit that there is no coercion by anybody.
5. The compromise entered into between the parties reads as under:
: 17 :"COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCECDURE, 1908 Herein the compromise petition on behalf of appellants and respondents is as under:
1. The top noted appeals are filed by the respective appellants questioning the Final Decree dated 11/12/2015 in FDP No.2/1999 and FDP No.7/2012 dated 20/08/2015 on the file of Senior Civil Judge, Hukkeri.
2. The appellants and respondents at the intervention of relatives and village elders have arrived at amicable settlement and the terms of compromise as follows :
3. The husband of respondent no. 1 namely Sattagouda, deceased respondent no. 6 (Shankar) and respondent no. 7 (Maruti) in RFA 100250/2016 filed suit O.S. No. 163/1997 on the file of Senior Civil Judge Hukkeri seeking partition and separate possession against the Respondent No.8/Defendant No.2, and : 18 : Appellants in R.F.A. No. 100250/2016.
The said suit in O.S. No. 163/1997 was decreed and preliminary decree was drawn and based on preliminary decree the above said respondents initiated final decree proceedings in FDP 2/1999. The court below passed final decree on 11/12/2015 and the same is questioned by the appellants herein in RFA 100250/2016. The respondents 1 to 6 challenging the final decree in FDP 7/2012 have filed Regular First Appeal in RFA 100251/2015.
4. The Appellant and Respondent No.1 to 5 in RFA 100285/2015 who represent the branch of Mallappa filed suit in O.S.No. 19/2004 on the file of Senior Civil Judge Hukkeri for partition and separate possession in the following properties. The appellant in RFA 100285/2015 is challenging the Judgment and decree dated 20/8/2015 passed in FDP 7/2012. In both suits i.e. OS 163/1997 and OS 19/2004, the details of properties situated at : 19 : Yelimunnoli Tq: Hukkeri, Dist: Belagavi are as follows A. An area measuring 02-Ac 18-Gs (Southern portion) out of agriculture land R.S. No. 149/2B total measuring 04-Ac 36-Gs.
B. An area measuring 07-Gs out of agriculture land R.S. No. 129/7 total measuring 01-Ac 05-Gs.
C. An area measuring 01-Ac 33-Gs out of agriculture land R.S. No. 130/10 to 10B total measuring 10-Ac 36-Gs.
D. Agriculture land R.S. No. 155/2B measuring 02-Ac 00-Gs.
E. An area measuring 13-Ac 04-Gs out of Agriculture land R.S. No.
132. F. An area measuring 01-Ac 21-Gs out of Agriculture land R.S. No. 129/8.
: 20 :G. An a well in area measuring 09- Gs out of R.S. No. 129/9.
H. An area measuring 01-Ac 01-Gs out of agriculture land R.S. No. 134/2.
I. An area measuring 07-Gs out of agriculture land R.S. No. 129/13A+B+C. J. An area measuring 04-Ac 38-Gs out of agriculture land R.S. No. 151/9A+9B/1 total measuring 09- Ac 36-Gs.
K. An area measuring 01-Ac 14-Gs PK 01-Gs remaining 01-Ac 13-Gs out of agriculture land R.S. No. 119/11.
L. VPC No. 808 within the limits of Yelimunnoli Gram Panchayat.
M. VPC No. 1158 within the limits of Yelimunnoli Gram Panchayat.
N. VPC No. 819 within the limits of Yelimunnoli Gram Panchayat.
: 21 :O. VPC No. 1190 within the limits of Yelimunnoli Gram Panchayat.
P. VPC No. 1244 within the limits of Yelimunnoli Gram Panchayat.
In both suits i.e., OS 163/1997 & OS 19/2004 properties situated at Balobal, Tq: Gokak, Dist: Belagavi.
A. An area measuring 01-Ac 37-Gs out of agriculture land R.S. No. 429 total measuring 08-Ac 33-Gs PK 03-Gs remaining 08-Ac 30-Gs.
B. An area measuring 01-Ac 37-Gs out of agriculture land R.S. No. 431/4.
C. An area measuring 01-Ac 39-Gs PK 02-Gs remaining 01-Ac 37-Gs out of agriculture land R.S. No. 431/2.
D. An area measuring 03-Ac out of agriculture land R.S. No. 543/1.
: 22 :E. An area measuring 02-Ac 09-Gs out of agriculture land R.S. No. 56/1.
F. An area measuring 07-Ac 05-Gs 08-Anna out of agriculture land R.S. No. 432 total measuring 09- Ac 21-Gs.
G. An area measuring 02-Ac 00-Gs 12-Anna out of agriculture land R.S. No. 430 total measuring 02- Ac 26-Gs.
H. VPC No. 285 within the limits of Balobal Gram Panchayat.
I. VPC No. 143 within the limits of Balobal Gram Panchayat.
J. V.P.C No. 286 within the limits of Balobal Gram Panchayat Tq :
Gokak.
6. In view of compromise between the parties in RFA100250/2016, RFA 100251/2015 and RFA 100285/2015 the parties have arrived at settlement as follows :: 23 :
I) The following properties are allotted to share of Appellant No. 1 (Basaprabhu S/o. Basappa Chimmat @ Chimad), Appellant No. 2 (Basavaraj S/o. Basaprabhu Chimmat @ Chimad), Appellant No. 3 (Ramagouda S/o. Basaprabhu Chimmat @ Chimad) and appellant no. 5 (Shivaputra S/o. Basaprabhu Chimmat @ Chimad) in RFA 100250/2016.
a. The entire agricultural land bearing R.S. No. 431/2 measuring 01-Ac 39- Gs is allotted to the share of Appellant no 1 to 3 and 5 in RFA NO 100250 OF 2016.
b. Two red tiles farm house bearing VPC No. 143 and 285 are allotted to the share of Appellant No. 1 to 3 and 5 in RFA NO 100250 OF 2016.
c. The entire agricultural land bearing R.S. No. 431/4 measures 01-Ac 37- : 24 : Gs is allotted to share of Appellant No.2 in RFA NO 100250 OF 2016.
d. The entire agricultural land bearing R.S. No. 56/1 measures 02-Ac 09- Gs is allotted to share of Appellant no 2 in RFA NO 100250 OF 2016.
e. In agricultural land bearing R.S. No. 429 measures 08-Ac 33-Gs, eastern portion measuring 04-Ac 16-Gs 08- Annas is allotted to the share of Appellant No.3 in RFA NO 100250 OF 2016.
f. In agricultural land bearing R.S. No. 429 measures 08-Ac 33-Gs, western portion measuring 04-Ac 16-Gs 08- Annas is allotted to the share of Appellant No. 5 in RFA NO 100250 OF 2016.
g. The defendant No. 5 in O.S. No. 163/1997 Sri Prakash is dead his mother / Appellant No.4 in RFA NO 100250 OF 2016 is the sole legal representative as he has died issueless and un-married. Hence the : 25 : Appellant no 4 in RFA NO 100250 OF 2016 gets 1/5 t h share in the suit properties. Appellant No. 4 in RFA NO 100250 OF 2016 relinquishes her 1/5 t h share to Appellants no 2, 3 and 5 in RFA NO 100250 OF 2016 and Appellants no 2, 3 and 5 in RFA NO 100250 OF 2016 shall take care of Appellant no 4 in RFA NO 100250 OF 2016 during her life time.
II) The following properties are allotted to share of Respondent No. 2 by name Ramaling S/o Satagouda Chimat and Respondent no. 4 by name Ashok S/o. Satagouda Chimat in R.F.A No. 100250/2016.
a. The agricultural land bearing R.S. No. 430 measures 02-Ac 00-Gs 12- Annas out of this land eastern portion from adjoining land of the Vinayak Mallappa Khadaki measuring 01-Ac 00-Gs 06-Annas is allotted to the share of respondent No. 2 and 4 i.e. Ramling and Ashok.
: 26 :b. The agricultural land bearing R.S. No. 432 totally measures 07-Ac 05- Gs 08-Annas. Out of this, land measuring 03-Ac 22-Gs 06-Annas is allotted to share of respondent No. 2 and 4 by way of two strips. The possession of land is shown in map No. 1 and the same may be treated as part and parcel of this Compromise Petition.
c. There is a Well situated in agricultural land bearing R.S. No.
432. In the said Well, half share in the Well is allotted to the share of Respondent No. 2 and 4 in RFA No.100250 of 2016 and they are entitled to take water from the Well to an extent of half share.
d. The Appellant No.2 to 5 in RFA No.100251/2015 were LRs Plaintiff No. 1 in O.S. No. 163/1997 / Petitioner No. 1 in F.D.P. No. 2/1999 have got 1/5 t h share. After the death of Plaintiff No. 1 in OS No.163/1997 and Petitioner No.1(a) : 27 : in FDP No.2/1999 their share would devolve upon the Appellant No.2 to 5 equally. The Appellants No. 3 and 5 have relinquish their share voluntarily in favour of Appellants No.2 and 4 in lieu of payment of Rs.50,000/- each. The Appellants No.3 and 5 have received the cash before elders and acknowledge the same and as such Appellants No.3 and 5 have no right and title whatsoever in respect of properties allotted to Appellants No.2 to 5 at paragraphs 6 (II) (a) to (c).
III) The following properties are allotted to share of Sri Kallappa S/o. Mallappa Chimat, i.e. Appellant in RFA No.100285/2015.
a. The agricultural land bearing R.S. No. 430 measures 02-Ac 00-Gs 12- Annas out of this land western portion of measuring 01-Ac 00-Gs 06-Annas is allotted to the share of Appellant in RFA No. 100285 of 2015.
: 28 :b. The agricultural land bearing R.S. No. 432 totally measures 07-Ac 05- Gs 08-Annas out of this land measuring 03-Ac 22-Gs 06-Annas is allotted to share of Appellant in RFA No. 100285 of 2015 by way of two strips. The possession of land is shown in map No. 1 and the same may be treated as part and parcel of this Compromise Petition.
c. There is a Well situated in agricultural land bearing R.S. No.
432. In the said Well, half share in the Well is allotted to the share of Appellant in RFA No. 100285 of 2015 and he is entitled to take water from the Well to an extent of half share.
d. A red tiles farm house baring VPC No. 286 situated in RS No.432 is allotted to share of Appellant in RFA No. 100285 of 2015. The same is shown in map No. 1 and the same may be treated as part and parcel of this Compromise Petition.
: 29 : e. The property in Sy No. 434/3measuring 13 guntas out of 2 acres 1 guntas has been sold by Sri Kallappa and same is allotted to his share. The remaining parties have no claim whatsoever over the said property.
IV. The following properties are allotted to share of Respondent No. 1 (Basaling S/o. Mallappa Chimat), Respondent No. 2 (Chandrappa S/o. Mallappa Chimat) and Respondent No. 3 (Kemapanna S/o. Mallappa Chimat) in RFA 100285/2015 a. In agricultural land bearing R.S. No. 132 measures 13-Ac 04-Gs, land measuring 02-Ac 11-Gs 08-Annas is allotted by way of five strips and House property bearing VPC No. 1158 is allotted to share of respondent No. 1 in R.F.A. No. 100285 of 2015. Out of same survey number land measuring 01-Ac 39- Gs is allotted by way of three strips and House property bearing VPC No. : 30 : 1245/A is allotted to share of respondent No. 2 in R.F.A. No. 100285 of 2015. Out of same survey number land measuring 02-Ac 11- Gs 08-Annas is allotted by way of four strips and House property bearing VPC No. 1244 is allotted to share of respondent No. 3 in R.F.A. No. 100285 of 2015. The corresponding survey number of these VPC numbers 1158, 1245/A and 1244 are in same survey number (i.e. RS No.132) and the possession of landed properties and house properties allotted to Respondent No.1 to 3 exclusively are shown in map No. 2 and the same may be treated as part and parcel of this Compromise Petition.
b. The agricultural land bearing R.S. No. 151/9A+9B/1 measures 04-Ac 38-Gs. Out of this, land measuring 20-Gs is allotted to share of Respondent No. 1 in R.F.A. No. 100285 of 2015. Out of same survey : 31 : number land measuring 01-Ac 19-
Gs is allotted to share of Respondent No. 2 in R.F.A. No.
100285 of 2015. Out of same survey number land measuring 20-Gs is allotted to share of Respondent No. 3 in R.F.A. No. 100285 of 2015. The exclusive possession of landed properties of Respondents No.1 to 3 in above Survey Number are shown in map No. 3 and the same may be treated as part and parcel of this Compromise Petition.
c. The agricultural land bearing R.S. No. 155/2B measures 02-Ac. Out of this, southern portion measuring 01-Acre is allotted to the share of Respondent No.1 and 3 in RFA No.100285/2015. In turn the Respondent No.1 and 3 in R.F.A. No. 100285 of 2015 are allotted 20-Gs land each by way of separate strips which is depicted in Map No.4. The possession of landed property in the above said Survey Number (i.e. : 32 : Sy.No.155/2B) are shown in map No. 4 and the same may be treated as part and parcel of this Compromise Petition.
d. The agricultural land bearing R.S. No. 149/2B measures 04-Ac 36-Gs. Out of this, southern portion land measuring 2-Ac 18-Gs is suit property out of this, western portion measuring 1-Ac 9-Gs is allotted to the share of Respondent No. 1 and 3 in R.F.A. No. 100285 of 2015. In turn the Respondent No.1 and 3 in R.F.A. No. 100285 of 2015 are allotted land measuring 24-Gs 08- Annas each by way of separate strips which is depicted in map No.5. The possession of landed properties in the above said Survey Number (i.e. Sy.No.149/2B) are shown in map No. 5 and the same may be treated as part and parcel of this Compromise Petition.
e. The agricultural land bearing R.S. No. 543/1 measures 03-Ac. Out of : 33 : this southern portion measuring 1- Ac 17-Gs is allotted to the share of Respondent No.1 to 3 in RFA No:100285/2015. In turn the Respondent No.1 to 3 in RFA No:100285/2015 are allotted 19-Gs land each by way of separate strips which is depicted in map No. 6. The possession of landed property in the above said survey Number (i.e. 543/1) are shown in map No.6 and the same may be treated as part and parcel of this Compromise Petition.
f. The agricultural land bearing R.S. No. 134/2 measures 01-Ac 01-Gs PK 01-Gs. Out of this southern portion measuring 20-Gs is allotted to share of Respondent No. 2 in R.F.A. No. 100285 of 2015.
g. The agricultural land bearing R.S. No. 129/8 measures 01-Ac 21-Gs. Out of this western portion measuring 30-Gs 08-Anna is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015. : 34 : h. The agricultural land bearing R.S. No. 119/11 measures 01-Ac 14-Gs PK 01-Gs. Out of this, southern portion measuring 26-Gs 08-Anna is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015. i. The agricultural land bearing R.S. No. 129/7 measures 01-Ac 05-Gs. Out of this measuring 7-Gs is suit property out of the said land Northern portion measuring 03-Gs 08-Anna is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015.
j. The agricultural land bearing R.S. No. 130/10 to 10B measures 10-Ac 29-Gs PK 07-Gs. Out of this measuring 1-Ac 33-Gs is suit property out of the said land northern portion measuring 36-Gs 08-Anna is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015.
: 35 :k. There is a Well situated in agricultural land bearing R.S. No. 129/9 measures 09-Gs. In the said Well 1/4 t h share out of half share is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015. l. The House property bearing V.P.C No. 819 within the limits of Gram Panchayat Yalimunnoli is allotted to share of Respondent No. 1 to 3 in R.F.A. No. 100285 of 2015.
m. The Respondent No. 5 in R.F.A. No. 100285 of 2015 has got 1/5 t h share in suit properties. She has relinquished her 1/5 t h share in favour of her brothers i.e. Appellant and Respondents No. 1 to 3 in R.F.A. No. 100285 of 2015 in lieu of payment of Rs.1,00,000/-. The Respondent No. 5 has received the payment before the elders. Hence Respondent No.5 has no right, claim, right; title whatsoever nature in the suit properties.
: 36 :V The following properties are allotted to LR's of deceased Respondent no. 6(b) (Jagadish S/o. Shankar Chimmat @ Chimad), and Respondent no. 7 i.e. Maruti S/o. Basappa Chimmat @ Chimad, and Respondent no. 8 Dundappa S/o. Basappa Chimmat @ Chimad in RFA 100250/2016.
a. The agricultural land bearing R.S. No. 132 measures 13-Ac 04-Gs. Out of this land measuring 02-Ac 09-Gs 08-Annas is allotted by way of four strips and House property bearing VPC No. 1190 are allotted to share of Respondent No. 7 in R.F.A. No. 100250 of 2016. Out of same survey number, land measuring 02-Ac 15- Gs by way of four strips and farm house are allotted to share of Respondent No. 6(b) in R.F.A. No. 100250 of 2016. Out of same survey number measuring 01-Ac 37-Gs 08- Annas by way of three strips and farm house are allotted to share of Respondent No. 8 in R.F.A. No. : 37 : 100250 of 2016. The House property bearing VPC No.1190 and other two farm house which is still not assigned VPC No. are situated in Sy.No.132. The possession of landed properties and house properties same are shown in map No. 2 and the same may be treated as part and parcel of this Compromise Petition.
b. The agricultural land bearing R.S. No. 151/9A+9B/1 measures 04-Ac 38-Gs. Out of this, land measuring 01-Ac 20-Gs which is the fourth strip from eastern side is allotted to share of Respondent No. 6(b) in R.F.A. No. 100250 of 2016 and out of same survey number Western portion (i.e. sixth strip) measuring 39-Gs is allotted to share of Respondent No. 8 in R.F.A. No. 100250 of 2016. The possession of landed properties same are own in map No. 3 and the same may be treated as part and parcel of this Compromise Petition.
: 38 :c. The agricultural land bearing R.S. No. 543/1 measures 03-Ac. Out of this northern portion measuring 1- Ac 23-Gs is allotted to the share of Respondent No. 6(b), 7 & 8 in R.F.A. No. 100250/2016. In turn the Respondent No.6(b), 7 & 8 in R.F.A. No:100250/2016 are allotted 21-Gs land each by way of separate strips which is depicted in map No.6. The possession of landed property in the above said survey Number (i.e. 543/1) are shown in map No. 6 and the same may be treated as part and parcel of this Compromise Petition.
d. The agricultural land bearing R.S. No. 149/2B measures 04-Ac 36-Gs. Out of this measuring 2-Ac 18-Gs is suit property out of said land eastern portion measuring 01-Ac 09-Gs is allotted to share of Respondent No. 7 in R.F.A. No. 100250 of 2016. The western portion which is in two parts is allotted to the share of Respondent : 39 : No.1 and Respondent No.3 in RFA No.100285/2015. The possessions of landed properties are shown in map No. 5 and the same may be treated as part and parcel of this Compromise Petition.
e. The agricultural land bearing R.S. No. 134/2 measures 01-Ac 01-Gs PK 01-Gs. Out of this Northern portion measuring 20-Gs is allotted to share of Respondent No. 7 in R.F.A. No. 100250 of 2016.
f. The agricultural land bearing R.S. No. 155/2B measures 02-Ac. Out of this Northern portion measuring 01- Ac is allotted to share of Respondent No. 8 in R.F.A. No. 100250 of 2016. The possessions of landed properties are shown in map No. 4 and the same may be treated as part and parcel of this Compromise Petition.
g. The entire agricultural land bearing R.S. No. 129/13a+b+c measuring 07-Gs is allotted to share of : 40 : Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
h. The agricultural land bearing R.S. No. 129/8 measures 01-Ac 21-Gs. Out of this, Eastern portion measuring 30-Gs 08-Anna is allotted to share of Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
i. The agricultural land bearing R.S. No. 119/11 measures 01-Ac 14-Gs PK 01-Gs. Out of this, Northern portion measuring 26-Gs 08-Anna is allotted to share of Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
j. The agricultural land bearing R.S. No. 129/7 measures 01-Ac 05-Gs. Out of this measuring 07-Gs is suit property in the said land southern portion measuring 03-Gs 08-Anna is allotted to share of Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
: 41 :k. The agricultural land bearing R.S. No. 130/10 to 10B measures 10-Ac 29-Gs PK 07-Gs. Out of this land measuring 1-Ac 33-Gs in the said land Southern portion measuring 36-Gs 08-Anna is allotted to share of Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
l. There is a Well situated in agricultural land bearing R.S. No. 129/9 measures 09-Gs. In the said Well, 1/4 t h share in half share is allotted to Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016.
m. House property bearing V.P.C No. 808 within the limits of Gram Panchayat Yalimunnoli is allotted to share of Respondent No. 6(b), 7 and 8 in R.F.A. No. 100250 of 2016. n. The L.R.s of Shankar - Plaintiff no 2 in O.S.No. 163 /1997 i.e. Smt.Sushila Shankar Chimmat [Respondent No.6(a)] and Smt Pushpa w/o.Sangappa Aski : 42 : [Respondent No.6(c)] in RFA No.100250/2016, relinquish their share, right and title in favour of Sri Jagadeesh Shankar Chimmat [Respondent No.6(b) in RFA No.100250/2016], by receiving Rs.50,000/- each in lieu of their share and Sri Jagadessh has to take care of his mother Smt Sushila Shankar Chimmat during her life time.
6. The parties in view of amicable settlement are put in actual possession of above said properties allotted to their share. Hereinafter, they shall enjoy the same as absolute owners and they shall get their names entered to the extent of their respective shares in the concerned records.
7. The parties shall co operate in getting their names entered in concerned records pertaining to the properties allotted their respective shares.
: 43 :8. The sketch Map No. 1 to 6 and genealogy annexed herewith shall be treated as part and parcel of this compromise petition.
9. Respondents No. 6 to 23 in R.F.A. No. 100251 of 2015 were arrayed as formal parties to the suit as their names were appearing in records of rights. The extent of land held by Respondents No.6 to 23 in OS No.19/2004 was not the subject matter of partition suit and the Plaintiff and contesting defendants in OS No.19/2004 admit the right and title of Respondents No.6 to 23 who are co-owners of the suit properties in OS No.19/2004. The above said Respondents are formal parties and hence they are not made parties to this Compromise Petition and their respective shares are untouched.
10. An amount of Rs.6,90,000/- is deposited by Sri Ashok Satagouda Chimmat - the Appellant No.4, Sri : 44 : Jagadeesh Shankar Chimmat, Appellant no 6(b) and Sri Maruti Basappa Chimmat, appellant no 7 in RFA No. 100251 of 2015 in equal sum i.e., Rs.2,30,000/- each before the Senior Civil Judge, Hukkeri in EP No. 39 of 2016 being the improvement charges. In view of settlement the Appellant No.4, 6(b) and 7 may be permitted to be withdraw the amount in equal sum of Rs.2,30,000/- each and other members of the family and signatories to this compromise petition have no right over the said amount nor will they object for withdrawal of the amount.
11. The signatories to this compromise petition who have borrowed loan from various co-operative societies and / or any Bank in respect of properties which are subject matter of the present proceedings, undertake to pay the amount and clear the loan even though the said : 45 : property is allotted to share of any other member of the family, without making the allotters to demand for remittance of the amount and without causing any hardship to the allotted sharer or driving the sharer to approach the court for such clearance of the amount and co- operate for getting the property free from encumbrance within 6 months.
12. The present compromise petition is lawful, without any coercion or ill- will and with free mind and without any un-due influence and with the parties have entered the compromise with free mind and without any duress and undue influence.
13. The contents of the present compromise petition are read over and explained to us in Kannada and same are true and correct and with full knowledge and with free mind have affixed the signature.
: 46 :Wherefore it is prayed that this Hon'ble Court be pleased to record and allow the present compromise petition in terms stated above and the appeals may be disposed off in terms of present compromise petition and the final decree may kindly be modified in terms of compromise decree by allowing the appeals in the interest of justice and equity."
6. The impugned decrees passed by the FDP Court in both the FDP No.7/2012 and FDP No.2/1999 are hereby modified and the appeals are disposed of in terms of the compromise entered into between the parties.
7. Office is directed to draw the decree in terms of the common compromise petition.
8. Though the suits are filed in the year 1997 and 2004, in pursuance of the sincere efforts made by the learned counsel representing the : 47 : parties, the matters are settled. This Court appreciate the sincere efforts made by all the learned counsel for the parties to resolve the dispute between the parties and the same is placed on record.
Ordered accordingly.
Sd/-
JUDGE Sd/-
JUDGE Mrk/-