Allowed

Balappa S/O. Basappa Madnur v. Iravva @ Sulochana W/O. Prabhayya Salimath

Karnataka HC16 Mar 2017RSA/100435/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench accepted a compromise petition regarding a partition suit. It allowed an application for discharging the guardian of respondent No. 2 as she attained majority and drew a decree accordingly upon acceptance of the compromise terms.

What did the court decide?

Compromise is accepted, decree drawn for Partition and Separate Possession. Order to discharge guardian of Respondent No. 2 is passed.

Balappa S/O. Basappa Madnur Vs Iravva @ Sulochana W/O. Prabhayya… — Partition | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF MARCH, 2017

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BEFORE

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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R.S.A. NO.100435/2014 (PAR)

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BETWEEN:

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BALAPPA S/O. BASAPPA MADNUR AGE: 70 YEARS, R/O. JANGAWAD, TQ: BADAMI DIST: BAGALKOT-587201.

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`... APPELLANT

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(BY SRI S B HEBBALLI, ADVOCATE)

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AND :

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SMT. IRAVVA @ SULOCHANA W/O. PRABHAYYA SALIMATH AGE: MAJOR, OCC: HOUSEHOLD WORK R/O.NAVALGUND, TQ: NAVALAGUND DIST: DHARWAD-582208.

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KUMARI RATNAVVA @ SHASHIKALA D/O. PRABHAYYA SALIMATH AGE: MINOR, R/BY HER MOTHER IRAVVA @ SULOCHANA W/O. PRABHAYYA SALIMATH AGE : MAJOR, OCC: HOUSEHOLD WORK R/O.NAVALGUND, TQ: NAVALAGUND DIST: DHARWAD-582208.

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... RESPONDENTS

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(BY SRI B V SOMAPUR, ADVOCATE FOR R1 & R2)

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THIS APPEAL IS FILED U/S. 100 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 05.04.2014 PASSED IN R.A. NO.4/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & J.M.F.C., BADAMI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED 11.12.2009 AND THE DECREE PASSED IN O.S. NO.148/1999 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) & J.M.F.C., BADAMI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

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I.A. NO.1/2017 IS FILED FOR DISCHARGE OF MINOR GUARDIAN.

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THIS APPEAL ALONG WITH I.A. COMING ON FOR ORDERS THIS DAY, THIS COURT, PASSED THE FOLLOWING:

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ORDER

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I.A. No.1/2017 is filed under Order XXXII Rule 14-A read with Section 151 of C.PC. for discharging the guardian of respondent No.2. At the time of filing this appeal it appears that respondent No.2, Kumari Ratnavva @ Shashikala was a minor, and therefore, respondent No.1, Smt. Iravva was appointed as a guardian ad litem of respondent No.2. Her date of birth is shown as 28.12.1994. Therefore, now she is major. For this reason, this application is allowed and guardian of respondent No.2, Kumari Ratnavva is discharged.

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The parties to this appeal have presented a compromise petition under Order XXIII Rule 3 of C.P.C. The

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appellant, Balappa is present with his advocate. Respondents No.1 and 2, Smt. Iravva @ Sulochana and Kumari Ratnavva @ Shashikala are also present with their advocate. This compromise petition has been signed by the parties and their respective advocates. The terms of this compromise have been explained to the parties in Kannada language and they admit the contents to be true. Respondents No.1 and 2 admit that they have received a D.D. for Rs.55,000/- from the appellant. They also submit that they have voluntarily put their signatures on this compromise petition. I have gone through the terms of the compromise. They are lawful, and therefore, compromise is accepted. Draw decree accordingly.

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Sd/JUDGE

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hnm

Balappa S/O. Basappa Madnur v. Iravva @ Sulochana W/O. Prabhayya Salimath

Case brief

What is this about?

What did the court decide?

Balappa S/O. Basappa Madnur v. Iravva @ Sulochana W/O. Prabhayya Salimath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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