Karnataka High Court
Smt. Anusuya vs Smt. Seethabai on 11 October, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
RSA NO. 806/2013
BETWEEN:
1 . SMT. ANUSUYA
W/O.SURESH MALI,
AGED ABOUT 47 YEARS,
2.SRI. PRAKASH
S/O.SURESH MALI,
AGED ABOUT 23 YEARS,
BOTH ARE RESIDENT OF
HONAVAD VILAGE TALUK,
BIJAPUR.
3. SRI CHANDRASHEKAR
S/O.YESAPPA LONI,
AGED ABOUT 47 YEARS,
OCCUPATION:HIGH SCHOOL TEACHER,
BEERESHWARA HIGH SCHOOL
AGASANAL INDI TALUK,
BIJAPUR DISTRICT. ... APPELLANTS
(By Sri. R P SOMASHEKARAIAH, ADVOCATE)
AND:
1 . SMT. SEETHABAI
W/O NAMADEV BHOSALE
AGED ABOUT 53 YEARS
OCCUPATION: HOUSEWIFE,
R/AT NEAR SHANKALING TEMPLE,
2
LAVGI'S HOUSE,
BIJAPUR DISTRICT.
2 . SMT SUVARNA
W/O.CHANDRASHEKARA JAGADALE,
AGED ABOUT 42 YEARS,
NEAR MANADEVA TEMPLE,
SHAHAPET,
BIJAPUR TQ. & DISTRICT,
AGED ABOUT 60 YEARS,
R/O.HOOVINAHALLI VILALGE,
HALEKOTE HOBLI,
HOLENARASIPURA TALUK. ... RESPONDENTS
(By Sri. I.R. BIRADAR, ADVOCATE FOR R-1)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.09.2012 PASSED IN
R.A.NO.03/2010 ON THE FILE OF THE III-ADDL. SENIOR CIVIL
JUDGE AND JMFC, BIJAPUR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED-
19.12.2009 PASSED IN O.S.NO.214/1997 ON THE FILE OF THE
II-ADDL. CIVIL JUDGE (JR.DN), BIJAPUR.
THIS RSA IS COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned second appeal is filed by defendants 1 and 2 and the purchaser of item No.2 property questioning the judgment and decree of the appellate Court granting share in item No.2, which is an agricultural land.
3
2. Appellant No.3 is the pendete lite purchaser. Today, a joint compromise petition is filed which is duly signed by appellant No.3-pendete lite purchaser and first respondent-plaintiff. Respondent No.1-plaintiff who is an old lady is present before the Court. This Court has enquired with the plaintiff and she submits that appellant No.3-pendete lite purchaser has paid a sum of Rs.6 Lakhs to her as she was in dire need of financial assistance during Covid. She has also made a statement before this Court that she was not keeping good health and she needed money towards medical treatment.
Sri.R.P.Somashekaraiah, learned counsel who appears for appellant No.3- pendente lite purchaser has also made a statement before this Court that in his office and in his presence, the amount of Rs.6 lakhs was paid. In view of receipt of Rs.6 lakhs, respondent No.1-plaintiff submits that she has given up her claim 4 insofar as item No.2 property is concerned. In the compromise petition, it is stated that she is entitled to seek her share in item No.1 in terms of the preliminary decree passed by the trial Court. The compromise petition tendered by both the parties namely appellant No.3 and first respondent-plaintiff appears to be lawful compromise. The first respondent-plaintiff has not complained any duress, coersion and undue influence and threat. She submits that she has voluntarily signed the compromise petition after having understood the terms and conditions reflected in the compromise petition. She also submits that the terms and conditions of compromise are explained to her by her counsel on record. Hence, the compromise petition is admitted on record.
3. The appeal stands disposed of in terms of the joint compromise petition.
5
Registry is directed to draw the decree accordingly.
Sd/-
JUDGE *alb/-.