High Court of Karnataka recorded a compromise decree widening the ½ party ancestral land between appellants and respondents, modifying courts below decree accordingly.
Judgment and decree of courts below stood modified in terms of compromise; decree to be drawn up.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:18403 RSA No. 100320 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 100320 OF 2016 (DEC/INJ)
BETWEEN:
… APPELLANTS
Digitally
signed by
VISHAL VISHALNINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:2024.12.19
10:39:48
+0530
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
… RESPONDENTS
(BY SRI. A.M.MALIPATIL, ADVOCATE FOR R1(A TO E), R2(A TO C) R3 TO R6, R7(A TO B), R8)
THIS RSA IS FILED UNDER ORDER.100 R/W ORDER XLII RULE 1 OF CPC, 1908, AGAINST THE JUDGEMENT AND DECREE DATED 17.03.2016 PASSED IN R.A.NO.22/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.04.2015, PASSED IN O.S. NO.224/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE, GANGAVATHI, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION.
NC: 2024:KHC-D:18403 RSA No. 100320 of 2016
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL JUDGMENT
the compromise petition under Order 23 Rule 3 read with section 151 of CPC. The terms of compromise is stated as below:
1. The appellant / defendant No-1 to 3 in common are entitled for ½ share i.e., 2 acre 24 guntas in suit scheduled property. And respondent / plaintiff No – 1 to 8 are entitled for half share that is 2 acre 24 guntas in common.
2. PROPERTY FALLEN TO THE SHARE OF DEFENDANT/ APPELLANT.
The boundaries of the property which is allotted to the appellants is survey No - 49/A measuring 2 acre 24 guntas which is bounded as under:-
- 5 - NC: 2024:KHC-D:18403 RSA No. 100320 of 2016
To the west : Survey no-46 belonging to Pavadeppa S/o Sanna Rudrappa To the east : Remaining land of respondents To the north : Land bearing survey No-57 owned by Veerayya Swami To the south : Survey No - 49 owned by Durgappa Dasar.
3. PROPERTY FALLEN TO THE SHARE OF PLAINTIFFS/ RESPONDENTS.
1. The respondent / plaintiff No - 1 to 8 in common are entitled for ½ share that is 2 acre 24 guntas in suit scheduled property and appellant / defendant No-1 to 3 are entitled for ½ share that is 2 acre 24 guntas in common.
2. The boundaries of the property which is allotted to the respondents is survey No - 49/A measuring 2 acre 24 guntas which is bounded as under;
To the west : Land allotted to appellant. To the east : Land bearing survey No- 49.
To the north : Land bearing survey No-57.
To the south : Remain portion of survey No - 49.
4. That, in view of the settlement arrived between the appellant No - 1 to 3 and respondent No.1 to 8, the parties agree that, henceforth they will be absolute owners of the properties that are fallen to their share under this compromise. The parties will enjoy and deal with the possession, right and title over the properties that are fallen to their respective shares without any obstacle or interference from each other.
5. That, in view of the settlement arrived under this compromise petition they parties are liberty to move the revenue or other local authorities to enter their name in the official records as per the terms of this compromise.
6. It is stated that, the above terms of settlement are read over and explained to the parties in the language know to them and after understanding the same the parties have agreed to compromise voluntarily without any force or undue influence or threat or coercion and have signed the compromise petition with due consciousness”
2 As per the settlement, the appellants / defendant Nos.1 to 3 together are entitled for half share i.e., 2 acres 24 guntas and respondents / plaintiff Nos.1 to 8 together are entitled for half share i.e., 2 acres 24 guntas. The appellants and the respondents are present before this Court; are duly identified by their respective counsel and the compromise petition is signed by the appellants and the respondents along with their respective counsel.
3 When a query made by this court to the appellants and the respondents, who are present before this court, they state that they have agreed to the terms of the compromise and have voluntarily entered into compromise without any force or undue influence or threat or coercion.
4 The compromise petition is taken on record and the terms of the compromise petition forms part and parcel of this judgment. The judgment and decree of the Courts below stands modified in terms of the compromise petition.
5 Registry to draw up decree accordingly.
SD/-
_____________________ (JUSTICE K.S.HEMALEKHA)
VNP / CT:PA LIST NO.: 1 SL NO.: 33
1 issue framed by the court
Whether the compromise petition under Order 23 Rule 3 read with section 151 CPC is validly recorded.
2 provisions across 2 enactments
SHRI SHARANAPPA S/O. NAGAPPA TALAWAR
SHRI PARASAPPA S/O. NAGAPPA TALAWAR
SHRI AYYAPPA S/O. NAGAPPA TALAWAR
SHRI DYAMANNA SINCE DECEASED BY HIS LRS.
SHRI NAGAPPA S/O. RUDRAPPA SINCE DECEASED BY HIS LRS.
SHRI HANUMANTHAPPA S/O. RUDRAPPA
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
