Allowed

Shivappa S/O Chanbasappa Hotti v. Mallikarjun S/O Ulavappa Satyannavar

Karnataka HC18 Dec 2024RFA/100131/2017

Case brief

AI extract

What is this about?

In a regular first appeal challenging a probate decree, the High Court accepted a compromise petition filed by the appellant and respondents. The resulting judgment sets aside the impugned decree and passes a new one reflecting the partition of properties agreed upon in the settlement.

What did the court decide?

Impugned judgment and decree dated 09.09.2016 set aside and a new decree passed in terms of the compromise petition.

Shivappa S/O Chanbasappa Hotti Vs Mallikarjun… — Succession and Inheritance | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR FIRST APPEAL NO. 100131 OF 2017 (PROB)

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BETWEEN:

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SHIVAPPA S/O. CHANBASAPPA HOTTI, AGED ABOUT 61 YEARS, OCC: AGRICULTURE, NEAR DYAMMAVVANA GUDI ONI, KAMLAPUR, DHARWAD - 580008.

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…APPELLANT

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(BY SRI. SHIVARAJ C. BELLAKKI AND SRI. VINAYAK BHAT, ADVOCATES)

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AND:

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA

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MALLIKARJUN S/O. ULAVAPPA SATYANNAVAR, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: KAMBI CHAWL, KAMLAPUR ROAD, MALAPUR, DHARWAD-580008.

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BASAVARAJ S/O. ULAVAPPA SATYANNAVAR, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O: KAMBI CHAWL, KAMLAPUR ROAD, MALAPUR, DHARWAD-580008.

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NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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3. VIJAYAKUMAR

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S/O. ULAVAPPA SATYANNAVAR, AGED ABOUT 36 YEARS, OCC: AGRICULTURE, R/O: KAMBI CHAWL, KAMLAPUR ROAD, MALAPUR, DHARWAD-580008.

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…RESPONDENTS

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(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 AND ORDER XLI, RULE - 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.09.2016 PASSED IN O.S.NO.4/2016 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AND CONSEQUENTLY SET ASIDE THE PROBATE CERTIFICATE DATED 19.01.2017 ISSUED IN P & SC NO.22/2014 (CONVERTED TO O.S.NO.4/2016) ON THE FILE OF PRINCIPAL DISTRICT JUDGE, DHARWAD AND DISMISS THE SAID SUIT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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This appeal is arising from a decree in probate

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proceeding which was contested and later numbered as O.S.No.4/2016. The suit was decreed. The sole defendant is in appeal.

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Learned counsel for the appellant and

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respondents are present before the Court. Learned counsel for both sides submit that the matter is amicably settled among the parties. They identify their respective parties and have presented the compromise petition.

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This Court has perused the compromise

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petition.

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The terms of the compromise petition are as

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under:

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NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CPC.

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This settlement is made on 18^th day of December 2024, among Appellant and Respondents herein as under:

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The Respondents herein filed suit bearing OS No: 4/2016 (earlier P & Sc No.22/2014), on the file of Principal District Judge, Dharwad seeking prayer for grant of probate with respect to Will dated 01.08.2014 executed by deceased Sri. Yallappa Channabasaappa Hotti (brother of Appellant) in favour of Respondents herein, bequeathing his share in the Suit schedule properties.

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The said suit was decreed, granting probate in favour of the Respondents by the judgment dated 09.09.2016 and the same is challenged by the appellant in the present appeal.

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The Appellant and respondents herein by intervention of elders, relatives and well-wishers of appellant and respondents and on the advice of their advocates have amicably settled their dispute on the following terms and conditions.

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5 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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Now this compromise petition witness as follows:

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The Appellants have acknowledged the valid execution of will dated 01.08.2014 executed by deceased Yallappa Channabasappa Hotti. Pursuant to that both the Appellant and the Respondents mutually agree to get the shares in suit schedule properties as per the terms and conditions mentioned below :

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A. Properties fallen to the share of Appellant

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as per this compromise:

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i.) In Survey/Block No. 29/B totally measuring 5 acres 12 guntas situated at Dharwad District, Dharwad Taluk and Dharwad-M village, the Appellant is allotted 4 acres 21 guntas, which is described as “ABEF” in the hand sketch map, bounded by :

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East By: The land allotted to the Respondents’ share in S.y / Block No.29/B to the extent of 31 guntas. West By : (Dharwad- Savadatti Road). North By: S.y / Block No. 28. South By: S.y / Block No. 29/ A.

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In the said share allotted to the appellant, it is agreed that the appellant shall provide minimum 9 mtrs width access road from Savadatti road to the land allotted to the share of respondents in the same

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6 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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Sy. No. 29/B. The said road shall be formed by the appellant at the time of conversion of land to non agriculture purpose and development of the land by obtaining necessary permissions from the concerned authorities. It is also agreed by the respondents that they shall have only right to way on the said road.

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ii). In Survey/Block No. 121, totally measuring 5 acres 36 guntas, situated at Dharwad District, Dharwad Taluk and Kamalapur village, the appellant is allotted 3 acres 36 guntas which is described as “BEFGDCB” in the hand sketch map and the same is bounded by:

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East By : S.y./Block No. 122 West By : S.y./Block 114 and Share allotted to the Respondents.

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North By : Road. South By : S.y / Block No. 120.

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iii). All the residential properties that is suit properties bearing 1) C.T.S No. 143/A/K 2) C.T.S. No. 143/B/K and 3) C.T.S. No. 144/1/K, are allotted to the share of the appellant. The respondents have given up all their share and interest in the all the said residential properties.

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7 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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B. The properties allotted to the share of the respondents:

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i). In Survey/Block No. 93 which totally measures 3 acres 09 guntas situated at Dharwad District, Dharwad Taluk and Dharwad-V village, is entirely allotted to the share of the respondents which is bounded by:

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East By : S.y / Block No.94. West By : Sy/Block No. 29/B. North By : S.y / Block No. 95. South By : S.y / Block No. 92.

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ii). In Survey/Block No. 29/B, totally measuring 5 acres 12 guntas situated at Dharwad District, Dharwad Taluk and Dharwad-M village, the Respondents are allotted the remaining 31 Guntas of land falling on the eastern side, which is described as “BCDE’ in the hands sketch map, and is bounded by:

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East By : S.y / Block No. 93. West By : Share allotted to the appellant in the same Sy./Block No. 29/B.

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North By : S.y / Block No. 28.

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South By : S.y / Block No. 29/ A

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iii). In Survey/Block No. 121, totally measuring 5 acres 36 guntas situated at Dharwad District, Dharwad Taluk and Kamalapur village, the Respondents are allotted 2 acres 00 Guntas of land

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8 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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on northern side, which is described as “ABCD” in the hand sketch map and is bounded by:

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East By : Share allotted to the appellants in the same S.y. /Block No. 121.

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West By : S.y/Block 114

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North By : Road.

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South By : Share allotted to the appellants in same Sy/Block No. 121.

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(Hand Sketch Map is produced along with this compromise petition which shall be treated as part and parcel of the compromise)

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In view of the above compromise, the Respondents undertake to withdraw the partition suit bearing O.S.No. 119/2017 pending on the file of 1^st Additional Civil Judge (Senior Division) and C.J.M, Dharwad.

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The appellant and respondents have amicably with free will and consent have agreed to this compromise.

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The appellant and respondents are entitled to get their names entered in the concerned Revenue records of suit schedule properties as per the terms of the present compromise petition for which the appellant and respondents have no objection.

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That the entire contents of the above compromise petition are read over and explained to the parties in

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9 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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Kannada language known to them and the same are accepted to be true and correct to the best of their knowledge and belief in token whereof they have signed to this compromise petition on this 18^th day of December 2024, in the presence of their counsels.

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As can be seen from the compromise petition,

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the parties have amicably settled the dispute, and the subject matter suit properties have been partitioned as reflected in the compromise petition.

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On enquiry by the Court, the parties jointly submit that they have voluntarily entered into the settlement without being coerced, and they further submit that they have understood the contents of the settlement.

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This Court does not find any impediment to

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accept the compromise.

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Accordingly, the compromise is accepted. The impugned judgment and decree dated 09.09.2016 passed in O.S. No.4/2016 on the file of the Principal District Judge, Dharwad, are set aside, and a decree is passed in terms of the compromise petition.

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10 - NC: 2024:KHC-D:18432 RFA No. 100131 of 2017

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The appeal is allowed in terms of the

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compromise.

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The parties who are allotted shares in the immovable properties shall furnish non-judicial stamp paper before the Registry to enable the Registry to draw the final decree.

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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gab CT:ANB List No.: 1 Sl No.: 33

Shivappa S/O Chanbasappa Hotti v. Mallikarjun S/O Ulavappa Satyannavar

Case brief

What is this about?

What did the court decide?

Shivappa S/O Chanbasappa Hotti v. Mallikarjun S/O Ulavappa Satyannavar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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