Allowed

Channawwa W/O Chanabasappa Angadi v. Basavva W/O Mahadevappa Yaragatti @ Nargund

Karnataka HC15 Nov 2018RFA/3039/2011

Case brief

AI extract

What is this about?

In an appeal against a partition suit dismissal, the High Court of Karnataka allowed the appeal on the basis of a compromise petition. The parties agreed on a monetary settlement, the amount was acknowledged, and the appeal was disposed of in terms of the compromise without hearing the arguments substantively.

What did the court decide?

Compromise petition was confirmed; decree directed as per settlement terms; appeal disposed of based on compromise.

Channawwa W/O Chanabasappa Angadi Vs Basavva W/O Mahadevappa… — Partition | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2018

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BEFORE

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THE HON’BLE MR. JUSTICE B.A. PATIL

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R.F.A.NO.3039 OF 2011 (PAR)

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BETWEEN:

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CHANNAWWA W/O CHANABASAPPA ANGADI SINCE DECEASED BY HER LRS:

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1(A) SUSHILA W/O MALLAPPA MARABASHETTI, AGE: ABOUT 56 YEARS, OCC: HOUSEHOLD WORK R/O SANGAL, TQ: RAMDURGA,

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DISTRICT-BELGAU-590001.

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1(B) ANNAKKA W/O MALLIKARJUN BETAGERI, AGE: ABOUT 51 YEARS, OCC: HOUSEHOLD WORK R/O SIDDAPUR, TQ: NARGUND-582207, DISTRICT-GADAG.

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1(C) MAHANTWWA W/O GURUPADASHETTI, AGE: ABOUT 41 YEARS, OCC: HOUSEHOLD WORK, R/O ARABANA, TQ: HALEBHAVI KERI, NARGUND-582207, DISTRICT-GADAG.

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1(D) MALLAPPA CHANNABASAPPA ANGADI ALIAS UPPIN,

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SINCE DECEASED BY HIS LRS:

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1(D1) BASAWWA W/O.LATE MALLAPPA ANGADI, AGE : 45 YEARS, OCC : AGRICULTURE, R/O.SIDDAPUR, TQ:NARGUND,

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DIST:GADAG.

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1(D2) IRANNA S/O.LATE MALLAPPA ANGADI, AGE :26 YEARS, OCC : AGRICULTURE, R/O.SIDDAPUR, TQ:NARGUND, DIST:GADAG.

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1(D3)SUNIL S/O.LATE MALLAPPA ANGADI, AGE:20 YEARS, OCC :AGRICULTURE, R/O.SIDDAPUR, TQ:NARGUND, DIST:GADAG.

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1(E) IRAPPA CHANNABASAPPA ANGADI ALIAS UPPIN, AGE ABOUT 37 YEARS, OCC: AGRICULTURE, RESIDING AT SIDDAPUR, TALUKA-NARAGUND-582207, DISTRICT-GADAG.

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... APPELLANTS

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(BY SRI.G.R.ANDANIMATH, ADVOCATE)

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AND

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BASAVVA W/O MAHADEVAPPA YARAGATTI @ NARGUND, AGE: ABOUT 76 YEARS, OCC: HOUSEHOLD, R/O CHINIVALARA ONI, SAUNDATTI-591126, DISTRICT-BELGAUM.

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BASAVARAJ ADOPTIVE FATHER IRAPPA YAVAGAL, NATURAL FATHER MAHADEVAPPA YARAGATTI @ NARGUND, SINCE DECEASED BY HIS LRS:

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NOTE : RESPONDENT NO.2 SEPARATE MEMO IS FILED WITH PERMISSION OF COURT STATING THAT LR’S OF RESPONDENT NO.2 IS LREADY ON RECORD AS RESPONDENT NOS.3 AND 4(A).

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IRANNA BASAVARAJ YAVAGAL @ YARAGATTI, AGE: MINOR, R/O CHINIVALARA ONI, TQ: SAUNDATTI-591126, DISTRICT-BELGAUM.

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NANDISH BASAVARAJ YAVAGAL @ YARAGATTI, SINCE DECEASED BY HIS LRS.

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4(A) UMA W/O.BASAVARAJ YAVAGAL ALIAS YARAGATTI, AGE ABOUT 49 YEARS, OCC : HOUSEHOLD WORK, R/O.CHINIVALAR ONI, SAUNDATTI-591126, DISTRICT-BELGAUM.

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... RESPONDENTS (BY SRI.B.V.MALAGOUDAR & SRI.SANTOSH B.MALAGOUDAR, ADVOCATES FOR R-1, 3 AND 4(A) )

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THIS RFA FILED U/SEC.96 OF CPC., AGAINST THE JUDGMENT & DECREE DTD:17.02.2011 PASSED IN O.S. NO.01/2008 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE SAUNDATTI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

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THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT, DELIVERED THE FOLLOWING :

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JUDGMENT

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The learned counsel for appellants files a memo reporting

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the death of respondent No.2-Basavaraj adoptive father of Irappa. He also stated in the memo that respondent No.3 and 4(a) are the legal heirs of deceased-respondent No.2 and they

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are already on record there is no need to bring the other legal heirs.

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The learned counsel for appellants is permitted to carryout the necessary amendments.

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The learned counsel appearing for the parties have filed a compromise petition under Order XXIII Rule III of CPC reporting the settlement of the matter in between the parties. The said compromise petition has been signed by appellant Nos.1(A), 1(B), 1(C), 1(D1), 1(D2), 1(D3) and 1(E) and also by respondents No.1, 3 and 4(A), they are also present before the Court.

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In the said compromise petition it has been agreed that respondents will pay Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only) to the plaintiffs and plaintiffs have agreed to receive the said amount in full and final settlement of their claim and they are ready to give up their rights in the suit schedule properties. Today plaintiffs are present before the Court and they acknowledges the receipt of Rs.8,50,000/- in cash.

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The parties present before the Court submits that they have voluntarily entered into the compromise without there being any force and pressure by anybody. They also acknowledge the signatures on the compromise petition. The said compromise petition has been signed by the learned counsel for appellants and respondents and they identified their respective parties present before this Court.

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The said compromise petition is placed on record and appeal is disposed off in terms of the compromise entered into between the parties.

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Registry is directed to draw decree accordingly as per the terms of compromise.

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Sd/JUDGE

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CKK/-

Channawwa W/O Chanabasappa Angadi v. Basavva W/O Mahadevappa Yaragatti @ Nargund

Case brief

What is this about?

What did the court decide?

Channawwa W/O Chanabasappa Angadi v. Basavva W/O Mahadevappa Yaragatti @ Nargund

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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