Disposed

Shivappa S/O Shivaputrappa Ullagaddi (Deceased) v. Lingappa S/O Shivaputrappa Ullagaddi (Deceased)

Karnataka HC28 Nov 2023RSA/100593/2022

Case brief

AI extract

What is this about?

The High Court disposed of the regular second appeal regarding a partition suit by accepting a compromise petition. The agreement allotted alternative sites to appellants in lieu of their share in the suit property, with the impugned decree modified accordingly.

What did the court decide?

Regular second appeal disposed and impugned judgment modified; appellants to receive three alternative sites as per compromise.

Shivappa S/O Shivaputrappa Ullagaddi (Deceased) Vs Lingappa S/O… — Partition | Karnataka HC (2023)

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NC: 2023:KHC-D:13889 RSA No. 100593 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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REGULAR SECOND APPEAL NO.100593 OF 2022 (PAR/POS)

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BETWEEN:

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SHIVAPPA S/O. SHIVAPUTRAPPA ULLAGADDI DECEASED BY LRS

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GAVISIDDAMMA

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W/O. LATE. SHIVAPPA ULLAGADDI, AGE. 48 YEARS, OCC. HOMEMAKER AND AGRICULTURE, R/O. SHAHAPUR, TQ./DIST. KOPPAL.

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RUDRAMMA W/O SIDDAPPA, AGE. 29 YEARS, OCC. HOMEMAKER, R/O. BENAKAL, TQ. YELBURGE, DIST. KOPPAL.

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GAVISIDDAPPA S/O. LATE. SHIVAPPA ULLAGADDI, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. SHAHAPUR, TQ./DIST. KOPPAL.

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Digitally
signed by
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2023.12.02
10:21:09
+0530

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VIJAYA KUMAR S/O. LATE SHIVAPPA ULLAGADDI, AGE. 22 YEARS, OCC. HOMEMAKER AND AGRICULTURE, R/O. SHAHAPUR, TQ./DIST. KOPPAL.

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…APPELLANTS

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(BY SRI R.H. ANGADI, ADVOCATE)

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AND:

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LINGAPPA S/O. SHIVAPUTRAPPA ULLAGADDI, SINCE DECEASED BY LRs.

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NEELAMMA W/O. NINGAPPA ULLAGADDI, AGE. 48 YEARS, OCC. HOMEMAKER, R/O. SHAHAPUR, TQ./DIST. KOPPAL.

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2 - NC: 2023:KHC-D:13889 RSA No. 100593 of 2022

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MANJAMMA W/O. BASAPPA, AGE. 35 YEARS, OCC. HOMEMAKER, R/O. VENKATAGRI, TQ. GANGAVATHI, DIST. KOPPAL.

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SUNITHA W/O. GADILINGAPPA BUDAGUMPI, AGE. 38 YEARS, OCC. HOME MAKER, R/O. HIREBENAKAL, TQ. GANGAVATHI, DIST. KOPPAL.

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MAHESH S/O. NINGAPPA ULLAGADDI, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. SHAHAPUR, TQ./DIST. KOPPAL.

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ANITHA D/O. NINGAPPA ULLAGADDI, AGE. 31 YEARS, OCC. HOMEMAKER, R/O. SHAHAPUR, DIST. KOPPAL.

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MALLIKARJUN S/O. SHIVAPPA ULLAGADDI, SINCE DECEASED BY HIS LRs.

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6a. SUJATA W/O. MALLIKARJUN @ MALLAPPA ULLAGADDI AGE: 46 YEARS, OCC: HOMEMAKER R/O: H.NO. 265, SHAHAPUR-583234 TQ & DIST: KOPPAL.

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6b. NIRMALA W/O. MANJUNATH KORI AGE: 34 YEARS, OCC: HOMEMAKER R/O: H.NO. 7/48, BANNIKATTI, KINHAL TQ & DIST: KOPPAL-583230.

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6c. SHIVARAJ S/O. MALLIKARJUN @ MALLAPPA ULLAGADDI AGE: 32 YEARS, OCC: AGRICULTURE R/O: H.NO. 265, SHAHAPUR-583234 TQ & DIST: KOPPAL.

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6d. MANJUNATH S/O. MALLIKARJUN @ MALLAPPA ULLAGADDI AGE: 30 YEARS, OCC: AGRICULTURE R/O: H.NO. 265, SHAHAPUR-583234 TQ & DIST: KOPPAL.

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…RESPONDENTS

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(BY SRI C.S. SHETTAR, ADVOCATE)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 19.02.2022 PASSED IN

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3 - NC: 2023:KHC-D:13889 RSA No. 100593 of 2022

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R.A.NO.40/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, KOPPAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.09.2019, PASSED IN O.S.NO.277/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, KOPPAL, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

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THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for the appellants and learned counsel appearing for the respondents submit that the parties have amicably resolved their dispute and filed compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure Code, 1908, duly signed by the appellants and the respondents and their respective counsels. The compromise petition is appended with affidavit as well as the Aadhar card of all the parties.

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The appellants and respondents are present

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before this Court and they are identified by their respective counsel. The terms of the compromise petition reads is as under:

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“2. That pending appeal, on the intervention of elders, parties have agreed to amicably resolve the dispute. That as per the settlement talks, Plaintiffs and Defendants have now agreed that

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NC: 2023:KHC-D:13889 RSA No. 100593 of 2022

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the Appellants will collectively receive three sites to be formed in the suit property bearing New Sy.No.45 /3 (Old Sy.No.45/AP-1) measuring 01 Acre 03 guntas, assessed at Rs.01=14 p.s., situate at Shahapur village, Tq./ Dist:Koppal, in lieu of their share in the suit property. The said sites each would measure 30' X 40' situate at northern middle portion of the suit property as shown in the map. For the purpose of reference, a separate map is prepared. Such map was produced for approval of conversion of land for NA use. Since there was a stay in operation, the NA proceedings were not progressed. The map shall be treated as part of this compromise petition.

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That the parties herein admit and acknowledge that Plaintiffs/Appellants gives up their right, title and interest over the suit property in favour of Defendants/Respondents. It is further agreed that Respondents/Defendants are the absolute owners of remaining suit schedule property. It is further agreed that Respondents/Defendants are entitled to proceed with conversion proceedings at their costs and the Plaintiffs/Appellants shall not object for the same and also agrees to cooperate for NA conversion of the suit land. It is further agreed that possession of three plots measuring 30' X 40' will be delivered to Appellants on receipt of NA order. The Appellants are entitled to get their names entered in the panchayat records as per this compromise decree in so far as three plots shown in the map at their own costs. Names of Respondents shall continue in respect of remaining plots.”

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5 - NC: 2023:KHC-D:13889 RSA No. 100593 of 2022

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Along with the compromise petition, the sketch of

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the property to be allotted to the appellants is been annexed. The sketch would form part and parcel of the compromise petition and the compromise petition would form part and parcel of this order.

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When a query is made by this Court to the

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parties, they stated that they are resolved the dispute as per the compromise entered before this Court.

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In terms of the compromise petition, the impugned judgment and decree of the Courts below stands modified and regular second appeal stands disposed of.

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Registry to draw the decree accordingly.

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In light of the disposal of the regular second appeal by

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way of compromise, I.A.No.1/2022 does not survive for

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consideration.

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EM, CT: UMD List No.: 3 Sl No.: 1

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Sd/JUDGE

Shivappa S/O Shivaputrappa Ullagaddi (Deceased) v. Lingappa S/O Shivaputrappa Ullagaddi (Deceased)

Case brief

What is this about?

What did the court decide?

Shivappa S/O Shivaputrappa Ullagaddi (Deceased) v. Lingappa S/O Shivaputrappa Ullagaddi (Deceased)

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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