Dismissed

Ganganagouda S/O Veeranagouda Nargund v. Manjunath S/O Shivappa Ravadi

Karnataka HC9 Jan 2019RFA/100012/2016

Case brief

AI extract

What is this about?

Two civil appeals arising from a suit for declaration and succession were disposed of based on a compromise petition filed by the parties involving settlement of disputed inheritance and allotment of specific property shares.

What did the court decide?

Compromise petitions accepted; judgments and decrees in original suit and counter-claim set aside and modified; final decree to be drawn.

Ganganagouda S/O Veeranagouda Nargund Vs… — Succession and Inheritance | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 9^th DAY OF JANUARY 2019

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE BELLUNKE A.S.

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REGULAR FIRST APPEAL No.100012 OF 2016 C/W REGULAR FIRST APPEAL NO.100011 OF 2016(dec. & permn. Inj.)

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IN RFA NO.100012 OF 2016 BETWEEN:

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GANGANAGOUDA S/O VEERANAGOUDA NARGUND AGED ABOUT 67 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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SOMANGOUDA

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S/O VEERANAGOUDA NARGUND AGE ABOUT 59 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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GURUSIDDAGOUDA S/O VEERANAGOUDA NARGUND AGE ABOUT 57 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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4. GURUSIDDAGOUDA

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S/O VEERABHADRAGOUDA NARGUND AGE ABOUT 46 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212 …APPELLANTS

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(BY SRI. SACHIN S. MAGADUM, ADV.)

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AND:

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MANJUNATH S/O SHIVAPPA RAVADI AGE ABOUT 33 YEARS OCC:NOT KNOWN R/O:KALIDAS NAGAR, KUNDAGOL-581112

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SMT.MALLAVVA W/O VEERAPPA DHARWAD AGE ABOUT 57 YEARS OCC:HOUSEHOLD WORK R/O:DASTIKOPPA TQ:KALAGHATAGI-581204

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SMT.SHANTAVVA W/O BASAPPA KURTHAKOTI AGE ABOUT 54 YEARS OCC:HOUSEHOLD WORK R/O:KUNDGOL-581204

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SMT.VEERAVVA @ GIRIJAVVA W/O SHIVANAGOUDA BALANGOUDAR AGE ABOUT 50 YEARS OCC:HOUEHOLD WORK R/O:SHIRUR, TQ:NAVALGUND-581201

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LALITA W/O NINGAPPA THOLABANDI AGE ABOUT 44 YEARS OCC:HOUSEHOLD WORK R/O:NEAR HARI MANDIR, SHAHU NAGAR, BIJAPUR-586101

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SMT.MANJULA @ SHOBHA

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W/O DODDESHAPPA KAMADOLLI AGE ABOUT 41 YEARS OCC:HOUSEHOLD WORK R/O:ADARGUNCHI TQ HUBBALLI-580212

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SMT.SARVAMANGALA @ SHAILAJA W/O VEERANNA NEERALAGI AGE ABOUT 37 YEARS OCC:HOUSEHOLD WORK R/O:SADASHIVANAGAR, BHAIRIDEVARAKOPPA, HUBBALLI-580025

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SMT.GIRIJAVVA W/O VEERABHADRAGOUDA NARAGUND AGE ABOUT 73 YEARS OCC:HOUSEHOLD WORK R/O:ADARGUNCHI, TQ:HUBBALLI 580212

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…RESPONDENTS

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R1 SRI. VIJAY M. MALALI, ADV. FOR R2 TO R8)

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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.

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IN RFA NO.100011 OF 2016 BETWEEN

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GANGANAGOUDA S/O VEERANAGOUDA NARGUND AGED ABOUT 67 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI

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DIST:DHARWAD-580212

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SOMANGOUDA S/O VEERANAGOUDA NARGUND AGE ABOUT 59 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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GURUSIDDAGOUDA S/O VEERANAGOUDA NARGUND AGE ABOUT 57 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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GURUSIDDAGOUDA S/O VEERABHADRAGOUDA NARGUND AGE ABOUT 46 YEARS OCC:AGRL, R/O:ADARGUNCHI TQ:HUBBALLI, DIST:DHARWAD-580212

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... APPELLANTS

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(By Sri. SACHIN S MAGADUM, ADV. )

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AND:

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MANJUNATH S/O SHIVAPPA RAVADI AGE ABOUT 33 YEARS OCC:NOT KNOWN R/O:KALIDAS NAGAR, KUNDAGOL-581112

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SMT.MALLAVVA W/O VEERAPPA DHARWAD AGE ABOUT 57 YEARS OCC:HOUSEHOLD WORK R/O:DASTIKOPPA TQ:KALAGHATAGI-581204

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SMT.SHANTAVVA W/O BASAPPA KURTHAKOTI AGE ABOUT 54 YEARS OCC:HOUSEHOLD WORK R/O:KUNDGOL-581204

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SMT.VEERAVVA @ GIRIJAVVA W/O SHIVANAGOUDA BALANGOUDAR AGE ABOUT 50 YEARS OCC:HOUEHOLD WORK R/O:SHIRUR, TQ:NAVALGUND-581201

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LALITA W/O NINGAPPA THOLABANDI AGE ABOUT 44 YEARS OCC:HOUSEHOLD WORK R/O:NEAR HARI MANDIR, SHAHU NAGAR, BIJAPUR-586101

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SMT.MANJULA @ SHOBHA W/O DODDESHAPPA KAMADOLLI AGE ABOUT 41 YEARS OCC:HOUSEHOLD WORK R/O:ADARGUNCHI TQ HUBBALLI-580212

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SMT.SARVAMANGALA @ SHILAJA W/O VEERANNA NEERALAGI AGE ABOUT 37 YEARS OCC:HOUSEHOLD WORK R/O:SADASHIVANAGAR, BHAIRIDEVARAKOPPA, HUBBALLI-580025

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SMT.GIRIJAVVA W/O VEERABHADRAGOUDA NARAGUND AGE ABOUT 73 YEARS OCC:HOUSEHOLD WORK R/O:ADARGUNCHI, TQ:HUBBALLI DIST:DHARWAD-580212

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... RESPONDENTS (By Sri. MALLIKARJUNSWAMY B HIREMATH, ADV. FOR R1. SRI. VIJAY M. MALALI, ADV. FOR R2 TO R8. )

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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

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FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, DISMISSING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION.

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THESE RFAs COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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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.

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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.

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Brief stated facts are that the plaintiffs

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filed O.S. No.95 of 2008 seeking the relief of declaration that Smt. Savakka died intestate and

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consequently plaintiffs 1 to 4 succeeded to her share in the suit properties.

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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.

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By judgment and decree dated

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18.12.2015, the trial Court dismissed plaintiffs’ suit and allowed the counter claim. Being aggrieved by the same, plaintiffs have preferred these appeals.

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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.

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Learned counsel for the respective

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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

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terms of the settlement arrived at between the parties.

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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.

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In the circumstances, compromise petition filed in both the appeals are taken on record and perused. The compromise petition is

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filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which reads as under:

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“ The parties herein jointly submit the compromise petition as hereunder:-

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That the appellants have filed the top noted appeal against the judgment and decree dated 18/12/2015 passed on counter claim of 1^st respondent in OS No.95 of 2008 on the file of Principal Senior Civil Judge and JMFC, Hubballi. The suit was originally filed by the appellants seeking the relief of declaration and injunction.

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Following are the suit properties:

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i. Agricultural landed property comprised in Block No.39, measuring 9 acres and 2 guntas situated at Adargunchi village, Tq. Hubballi, Dist.: Dharwad and bounded as follows:-

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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

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ii. Agricultural landed property comprised in Block No.254, measuring 9 acres and 15 guntas situated at Adargunchi village, tq.

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Hubballi, Dist. Dharwad and bounded as follows:

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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

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iii. Agricultural landed property comprised in Block No.344 measuring 3 acres 00 guntas situated at Adargunchi village, Tq. Hubballi, Dist. Dharwad and bounded as follows:

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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.

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iv. Agricultural landed property comprised in Block No.505, measuring 00 acres and 20 guntas situated at Adargunchi village, Tq. Hubballi, Dist.: Dharwad and bounded as follows:

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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

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v. Agricultural landed property comprised in Block No.607, measuring 3 Acres and 07 guntas situated at Adargunchi village, tq.

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Hubballi, Dist. Dharwad and bounded as follows:

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On the East by: Road On the West by: Block No.608 On the North by: Road On the South by: Block No.606

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vi. Agricultural landed property comprised in Block No.491 measuring 1 acre and 22 guntas situated at Adargunchi village, Tq. Hubballi, Dist.:Dharwad and bounded as follows:

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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

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vii. The residential house and open space comprised in VPC 153/A situated at Adargunchi village, Tq. Hubballi, Dist. Dharwad and bounded as follows:

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On the East by: Road

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On the West by: property of Veerupaxgouda Naragund

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On the North by: Property of Kulkarni On the South by: Property of Hiregoudar.

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The parties submit at the intervention of the elders, well wishers and family friends the parties

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have agreed to amicably settle the dispute amongst themselves on following terms and conditions:

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a. That the defendant No.1/respondent No.1 had set up a counter claim in O.S.No.95/2008 under an alleged Will dated 17/08/2001 executed by late Smt. Savakka. In pursuance of the amicable settlement between the parties, the parties hereby agree that, in lieu of the claim of the respondent No.1/defendant No.1 under the alleged will dated 17/08/2001 the plaintiffs/appellants hereby agree to give/allot to the respondent No.1/defendant No.1 the following:

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i. That the appellants/plaintiffs have paid to the respondent No.1/defendant No.1 a sum of Rs.7,40,000/- (Rupees seven lakhs forty only) in the presence of the elders and well-wishers of the family and the receipt of the same is hereby acknowledged by the respondent No.1/defendant No.1.

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b. Further the appellants/plaintiffs and respondent Nos.2 to 8 hereby relinquish all their rights, title and interests in 3 acres of land on the northern side of Block No.39 out of 9 acres and 2 guntas and allot the said 3 acres on the northern side of Block No.39 to the share of respondent No.1/defendant No.1 and retain the remaining 6 acres and 2 guntas to their share.

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c. The respondent No.1/defendant No.1 hereby withdraws his counter claim filed before the trial Court in O.S. No.95/2008 on the file of the Principal Senior Civil Judge and JMFC, Hubli and thereby relinquishes/waives-of his rights under the alleged will dated 17/08/2001 over the suit properties except 3 acres of land on the northern side of Block No.39 in lieu of the aforesaid amicable settlement between the parties.

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d. The defendant No.1/respondent No.1 hereby agrees, acknowledges and confirms that he shall not have any rights, interests or title over the suit properties mentioned hereinabove other than the rights over 3 acres of land on the northern side of block No.39 allotted to his share in Clause No.(a) above.

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e. The defendant No.1/respondent No.1 hereby admits that the plaintiffs No.1 to 4 defendants No.2 to 8 are the only legal heirs of Smt. Savakka Mallangouda Naragund and that the plaintiffs No.1 to 4 are jointly entitled to the title and possession over the suit properties except 3 acres of land on the northern side of Block No.39.

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f. The defendant No.1/respondent No.1 hereby agrees that the defendant No.1/respondent No.1 shall not claim any right, title or interest over the suit properties except 3 acres of land on the northern side of Block No.39 in whatsoever

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manner and this compromise deed shall be binding upon the parties.

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g. The parties herein agree that in view of the compromise entered upon between the parties, this Hon’ble Court may be pleased to direct the registry to draw decree in terms of this Compromise petition.

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The plaintiffs No.1 to 4 are in joint possession of the suit properties and that they are free to deal with the properties in the manner deemed fit to them and they shall enjoy the same as absolute owners and they shall get their names entered in the concerned records, except 3 acres(northern side) land of Block No.39.

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The parties shall co-operate in getting their names entered in the concerned record pertaining to the properties allotted their respective shares.”

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On perusal of the same, we find that the

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said terms are lawful and there is no legal impediment for the compromise arrived at between the parties being accepted by this Court.

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In the circumstances, the regular first appeals are disposed off in terms of the compromise arrived at between the parties by

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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.

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Office to draw up the final decree in terms of the compromise arrived at between the parties.

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Sd/JUDGE

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Sd/JUDGE

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kmv

Ganganagouda S/O Veeranagouda Nargund v. Manjunath S/O Shivappa Ravadi

Case brief

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Ganganagouda S/O Veeranagouda Nargund v. Manjunath S/O Shivappa Ravadi

Case brief

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What did the court decide?

What the court decided

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