Dismissed

Kariyappa Bhimappa Menasindi v. Manjunath Kariyappa Mensaindi

Karnataka HC3 Mar 2020RFA/4005/2012

Case brief

AI extract

What is this about?

This ruling accepts a compromise agreement between appellants and respondent regarding the partition of land and distribution of land acquisition compensation, disposing of the revisional appeal while noting separate liability for accrued interest.

What did the court decide?

The compromise petition was accepted and the appeal was disposed of in terms of the settlement.

Kariyappa Bhimappa Menasindi Vs Manjunath Kariyappa Mensaindi — Partition | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF MARCH 2020

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PRESENT

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THE HON’BLE MR.JUSTICE B.A.PATIL

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AND

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THE HON’BLE MR.JUSTICE M.I.ARUN

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RFA NO.4005 of 2012 (PAR/POS)

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Between:

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Kariyappa Bhimappa Menasindi,

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Aged about 50 years, Occ: Agriculture,

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Residing at Gamangatti,

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Taluka Hubli – 580 025.

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Suresh Bhimappa Menasindi, Aged about 44 years, Occ: Agriculture,

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Residing at Gamangatti,

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Taluka Hubli – 580 025.

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Mallawwa Shankrappa Bhajani (Kootri), Aged about 53 years, Occ: Household work, Residing at Karadigudda,

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Taluka Hubli – 580 025.

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Karibasawwa Ulawappa Barigal, Aged about 51 years, Occ: Household work, Residing at Dummawad,

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Taluka Kalghatagi.

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Basamma Kariyappa Menasindi, Aged about 22 years, Occ: Household, Residing at Gamangatti, Taluka Hubli – 580 025.

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: 2 :

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Kallawwa Kariyappa Menasindi, Aged about 20 years, Occ: Housewife, Residing at Gamangatti, Taluka Hubli – 580 025.

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Parameshwar Kariyappa Menasindi, Aged about 19 years, Occ: Agriculture, Residing at Gamangatti, Taluk Hubli – 580 025. … Appellants

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(By Shri P.G. Andanimath, for

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Shri G.R. Andanimath, Advocate)

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And:

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Manjunath Kariyappa Menasindi, Aged about 22 years, Occ: Agriculture, Residing at Gamangatti, now at Kiresur, Taluk Hubli – 580 025.

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The S.L..A.O., KIADB, Lakhamanahalli, P.B. Road, Hubli.

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… Respondents

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(By Shri P.G. Chikkanaragund, Advocate for R1; Shri P.N. Hatti, Advocate for R2)

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This RFA is filed under Section 96 of CPC, against the judgment and decree dated 08.11.2011, passed in O.S.No.132 of 2008 on the file of the Principal Senior Civil Judge at Hubli, decreeing the suit filed for partition and possession.

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This appeal coming on for orders this day, B.A. Patil J., delivered the following:

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: 3 :

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JUDGMENT

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Shri Kariyappa Bhimappa Menasindi-appellant No.1/ defendant No.1, Sri Suresh Bhimappa Menasindiappellant No.2/defendant No.2, Smt.Mallawwa Shankrappa Bhajani (Kootri)-appellant No.3/defendant No.4, Smt.Karibasawwa Ulawappa Barigal-appellant No.4/defendant No.5, Smt.Basamma Kariyappa Menasindiappellant No.5/defendant No.6, Smt.Kallawwa Kariyappa Menasindi-appellant No.6/Defendant No.7 and Sri Parameshwar Kariyappa Menasindi-appellant No.7/defendant No.8 are present along with their counsel.

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Sri Manjunath Kariyappa Menasindi-respondent No.1/plaintiff No.1 is present along with his counsel and respondent No.2/defendant No.3 represented by his counsel Sri Prakashgouda N.Hatti is also present.

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Though the learned counsel for the appellants has filed a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC on 28.02.2020, he submits that he will not press the said compromise petitioner as

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: 4 :

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some clarification and some mistakes have crept in, in the said compromise petition. The said submission has been placed on record and the compromise petition dated 28.02.2020 has been dismissed as not pressed.

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Today, one more compromise petition has been filed by the appellants and respondent No1 together under Order XXIII Rule 3 read with Section 151 of CPC for having amicably settled the matter between the appellantsdefendants and respondent No.1-plaintiff. In the said compromise petition, it has been stated that R.S.No.222/2B of Gamanagatti village, measuring 4 acres 15 guntas was acquired by respondent No.2 – KIADB in the year 2007 and an amount of Rs.13,36,000/- has been determined as a compensation per acre and in that light the total principle amount of Rs.58,45,000/- compensation for the said acquisition is pending before respondent No.2. The appellants – defendants and respondent No.1 – plaintiff have agreed to divide and disburse the principle amount of Rs.58,45,000/- as mentioned below:

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: 5 :

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“Appellant No.1 – Kariayappa S/o Bheemappa Menasindi – Rs.9,74,170=00 (Nine lakhs Seventy four thousand One hundred and Seventy only);

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Appellant No.2 – Suresh S/o Bheemappa Menasindi – Rs.29,22,500=00 (Twenty nine lakhs Twenty two thousand and five hundred only);

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Appellant No.7 – Parameshwar S/o.Kariyappa Menasindi – Rs.9,74,165=00 (Nine lakhs seventy four thousand one hundred and sixty five only); and

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Respondent No.1 – Manjunath S/o.Kariyappa Menasindi – Rs.9,74,165=00 (Nine lakhs Seventy four thousand One hundred and Sixty five only).”

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They have further agreed that they are also entitled to accrued interest on the principle amount and the same shall be shared proportionate to the amount, which has been allotted to each of them as follows:

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Appellant No.2 – Suresh S/o.Bheemappa Menasindi has been given an agricultural land bearing block No.191/2, total measuring 4 acre 18 guntas, out of this western side property measuring 2 acres 9 guntas of boundaries as mentioned therein; an agricultural land bearing block No.191/5, total measuring 2 acres 37 guntas, out of this eastern side property measuring 1 acre 18.5 guntas

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: 6 :

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of boundaries as mentioned therein; and another agricultural land bearing block No.25 total measuring 1 acre 24 guntas, out of this eastern side property measuring 32 guntas of boundaries as mentioned therein.

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Appellant No.1-Kariyappa S/o.Bheemappa Menasindi has been given an agricultural land bearing block No.191/2, total measuring 4 acres 18 guntas, out of this middle portion measuring 29 guntas of boundaries as mentioned therein; and another agricultural land bearing block No.25, total measuring 1 acre 24 guntas, out of this western side property measuring 32 guntas of boundaries as mentioned therein.

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Appellant No.7-Parameshwar S/o. Kariyappa Menasindi has been given an agricultural land bearing block No.191/2, total measuring 4 acres 18 guntas, out of this middle portion property measuring 30 guntas of boundaries as mentioned therein; and another agricultural land bearing block No.191/5, measuring 2 acres 37 guntas, out of this middle portion property measuring 29.25 guntas of boundaries as mentioned therein.

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Insofar as respondent No.1-Manjunath S/o.Kariyappa Menasindi has been given an agricultural land bearing block No.191/2, total

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measuring 4 acres 18 guntas, out of this eastern portion property measuring 30 guntas of boundaries as mentioned therein; and another agricultural land bearing Block No.191/5 total measuring 2 acres 37 guntas, out of this western portion property measuring 29.25 guntas of boundaries as mentioned therein.

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Appellant Nos.3 to 6 have given up their rights and have no objection for the above settlement entered into between the appellant Nos.1, 2 and 7 and respondent No.1.

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The said compromise petition has been signed by appellant Nos.1, 2 and 7 and respondent No.1.

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Learned counsel appearing for KIADB is also present.

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The said compromise has been accepted. The parties present before the Court submit that they have entered into a compromise without there being any coercion, undue influence and at their free will, they have gone through the said compromise petition, they have knowingly full well the contents of the compromise petition,

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they have put their signatures and the same has been accepted and placed on record. At this juncture, the learned counsel for the appellants brought to the notice of this Court that this Court by order dated 24.01.2012 directed respondent No.2 – Special Land Acquisition Officer, KIADB to invest the compensation amount determined with respect to the land bearing Sy.No.222/2B in any nationalized bank to earn interest initially for a period of three years, pending disposal of the appeal. The same has been also communicated on 02.02.2012.

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Learned counsel for respondent No.2 submits that though this Court had passed an order dated 24.01.2012, but to his information the principle amount of Rs.58,45,000/- has not been kept in any nationalized bank and it is with respondent No.2. When this Court has specifically passed an order on 24.01.2012 directing respondent No.2 – KIADB to invest the compensation amount determined in respect of the land bearing R.S.No.222/2B in any nationalized bank to earn interest,

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and if due to the negligence or carelessness, if he has not kept the said amount in deposit and he has kept the amount with himself, it is his responsibility to pay the interest accrued thereon, even though, he is not followed the order of this Court. Appellant Nos.1 to 7 and respondent No.1 are entitled to execute the said order in accordance with law by filing either appropriate application or by filing a original suit to recover the interest accrued thereon from respondent No.2.

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With the above observation, the compromise petition is accepted and in terms of the compromise, the appeal is disposed of.

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SD/JUDGE

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SD/JUDGE

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Vnp*

Kariyappa Bhimappa Menasindi v. Manjunath Kariyappa Mensaindi

Case brief

What is this about?

What did the court decide?

Kariyappa Bhimappa Menasindi v. Manjunath Kariyappa Mensaindi

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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