Disposed

Mallikarjun Bhoopalappa Turamuri v. Dr Sharad Nirayan Nadkarni

Karnataka HC17 Dec 2024RSA/1146/2010

Case brief

AI extract

What is this about?

Second appeals arising from a suit over a suit plot were settled amicably: appellants agreed to receive thirty lakh rupees in six installments and give up rights in part of the plot, retaining the BCDE portion. The High Court recorded the compromise and disposed of the appeals accordingly.

What did the court decide?

Appeals disposed of per compromise: Rs.30,00,000 in six installments; appellants retain BCDE portion; defendant No.1 keeps ABEF portion; decree to be drawn by Registry

Mallikarjun Bhoopalappa Turamuri Vs Dr Sharad Nirayan… — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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RSA NO. 1146 OF 2010 (DEC/INJ) C/W RSA NO. 1147 OF 2010

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IN RSA NO.1146/2010:

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BETWEEN:

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SRI. MALLIKARJUN BHOOPALAPPA TURAMURI

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SINCE DECEASED BY HIS LRS.,

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SRI. SHIVAYOGI, S/O. MALLESHAPPA TURAMURI, MAJOR, OCC. EMPLOYEE, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SRI. MANOJ S/O. MALLESHAPPA TURAMURI, MAJOR, OCC. EMPLOYEE, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SRI. MAHANTESH, S/O MALLESHAPPA TURAMURI, MAJOR, OCC. STUDENT, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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- 2 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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SMT. JAYASHREE W/O. MALLESHAPPA TURAMURI, MAJOR, OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD,DHARWAD-580001.

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SMT. KIRAN G. RAYARAM MAJOR ,OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SMT. SUCHANTA V. OLITA MAJOR, OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SMT. POOJA C. KABBUR MAJOR ,OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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… APPELLANTS

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(BY SRI. SRINAND A.PACHHAPURE AND SMT. PALLAVI PACHHAPURE, ADVOCATES) AND:

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DR. SHARAD NIRAYAN NADKARNI MAJOR ,OCC. MEDICAL PRACTIONER, R/O. NARAYANPUR, DHARWAD-580008.

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SRI. KARIGOUDA SHANKARAGOUDA PATIL SINCE DECEASED BY HIS LRS.,

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2A. SRI. SHIVANAGOUDA S/O. KARIGOUDA PATIL, AGE: MAJOR, OCC. NOT KNOWN, R/O. BENAKANAKONDA, TQ. RANEBENNUR, DIST. HAVERI-581208.

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3 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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DEPUTY COMMISSIONER, DHARWAD, DIST. DHARWAD-580001.

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G.B. ARALIKATTI MAJOR, R/O. NARAYANPUR-580008, KELAGERI ROAD, DHARWAD.

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S.V. HONNAVAR MAJOR, R/O. NARAYANPUR-580008, KELAGERI ROAD, DHARWAD.

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… RESPONDENTS

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(BY SRI. ARUN L. NEELOPANT, ADVOCATE FOR R1; SMT. GIRIJA S.HIREMATH, HCGP FOR R3; SRI. G.A.HOLEYANNAVAR, ADVOCATE FOR R4; R2-ABATED; R2(A)-NOTICE SERVED; NOTICE TO R5 - DISPENSED WITH)

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.01.2010 PASSED IN R.A.NO. 73/2003 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-III, DHARWAD-580001 ALLOWING THE APPEAL FOR SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.02.2003 IN O.S.NO. 08/1991 PASSED BY THE III ADDL. CIVIL JUDGE (SR.DN) AND CJM, DHARWAD.

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IN RSA NO.1147/2010:

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BETWEEN:

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SRI. MALLIKARJUN BHOOPALAPPA TURAMURI SINCE DECEASED BY HIS LRS.,

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SRI. SHIVAYOGI, S/O. MALLESHAPPA TURAMURI, MAJOR, OCC. EMPLOYEE, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SRI. MANOJ S/O. MALLESHAPPA TURAMURI,

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4 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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MAJOR, OCC. EMPLOYEE, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SRI. MAHANTESH S/O. MALLESHAPPA TURAMURI, MAJOR, OCC. STUDENT, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SMT. JAYASHREE W/O. MALLESHAPPA TURAMURI, MAJOR, OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD,DHARWAD-580001.

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SMT. KIRAN G. RAYARAM MAJOR ,OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SMT. SUCHANTA V. OLITA MAJOR ,OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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SMT. POOJA C. KABBUR MAJOR ,OCC. HOUSEHOLD, R/O. OPP. TO MODERN TALKIES, P.B. ROAD, DHARWAD-580001.

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… APPELLANTS

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(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)

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AND:

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SRI. KARIGOUDA SHANKARAGOUDA PATIL SINCE DECEASED BY HIS LRS.,

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1A. SRI. SHIVANAGOUDA S/O. KARIGOUDA PATIL,

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NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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AGE: MAJOR, OCC. NOT KNOWN, R/O. BENAKANAKONDA, TQ. RANEBENNUR, DIST. HAVERI-581208.

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DR. SHARAD NIRAYAN NADKARNI MAJOR ,OCC. MEDICAL PRACTIONER, R/O. NARAYANPUR, DHARWAD-580008.

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DEPUTY COMMISSIONER, DHARWAD, DIST. DHARWAD-580001.

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G.B. ARALIKATTI MAJOR, R/O. NARAYANPUR-580008, KELAGERI ROAD, DHARWAD.

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S.V. HONNAVAR MAJOR, R/O. NARAYANPUR-580008, KELAGERI ROAD, DHARWAD.

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… RESPONDENTS

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(BY SRI. ARUN L.NEELOPANT, ADVOCATE FOR R2; SMT. GIRIJA S. HIREMATH, HCGP FOR R3; SRI. G.A.HOLEYANNAVAR, ADVOCATE FOR R4; NOTICE TO R1 - DISPENSED WITH; R1(A)-NOTICE SERVED)

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 30.01.2010 PASSED IN R.A.NO. 151/2003 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-III, DHARWAD-580001 ALLOWING THE APPEAL FOR SETTING ASIDE THE JUDGEMENT AND DECREE DATED 25.02.2003 IN O.S.NO. 8/1991 PASSED BY THE III ADDL. CIVIL JUDGE (SR.DN) AND CJM, DHARWAD-580001.

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THESE APPEALS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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6 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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ORAL JUDGMENT

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Appellants and respondent No.1 herein have filed the compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, 1908 (for short, ‘CPC’).

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Appellant No.3 and respondent No.1 are

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present before the Court and duly identified by their respective counsel.

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The appellants are plaintiffs, appellant No.3 was plaintiff No.1(c) before the trial Court and was GPA holder to plaintiff Nos.1(a, b and d to g), to conduct the proceedings on their behalf, as the GPA did not indicate the power of the appellant No.3 to enter into a compromise, the legal representatives of the original plaintiff / appellant Nos.1, 2 & 4 to 7 have executed power of attorney in favor of appellant No.3 to enter into compromise, along with the compromise petition, the power of attorney executed in favour of appellant No.3 is annexed. The appellants and respondent No.1 have

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7 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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entered into an amicable settlement. The terms of the

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compromise reads as under:

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“ a). The LRs of the original plaintiff/Appellants have agreed to receive Rs.30,00,000/-(Thirty Lakh Rupees) and give up their right in the ABEF portion of the suit plot consisting of house property constructed by Defendant No.1 as mentioned in the hand sketch in favour of Defendant No.1 and the LRs of the original plaintiff/Appellants have agreed to retain only BCDE portion of the suit plot as mentioned in the sketch which is measuring 36 feet X 63 feet, which is 2268 square feet equivalent to 2.08 guntas out of the total plot. The hand sketch is annexed to this compromise petition and may be considered as part and parcel of this compromise decree.

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b). The Defendant No.1 has agreed to hand over possession of BCDE portion of the suit plot to the LRs of the original plaintiff/Appellants immediately on receipt of the compromise decree.

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c). The Defendant No.1 has agreed to pay the amount of Rs.30,00,000/- (Thirty Lakh Rupees) by way of six(6) installments for Rs.5,00,000/- each. The defendant No.1 has paid the 1st installment at the time of entering this compromise i.e., on 12.12.2024 by a cheque bearing No.293340 drawn on Canara Bank, Narayanpur, Dharwad for

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8 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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Rs.5,00,000/-(Five Lakh Rupees) in the name of the Sri.Mahantesh Turmari i.e, Appellant No.3. Further, the remaining amount of Rs.25,00,000/-(Twenty Five Lakh Rupees) by five (5) installments of Rs.5,00,000/-(Five Lakh Rupees) each on or before 12.06.2025 which will be paid by the defendant No.1 by way of post dated cheques drawn in the name of Appellant No.3, the details of the same are as follows:-

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Sl.No.	Cheque No and amount	Dated
1.	170381 for Rs. 5,00,000/-	12.01.2025
2.	170382 for Rs. 5,00,000/-	12.02.2025
3.	170383 for Rs. 5,00,000/-	12.04.2025
4.	170384 for Rs. 5,00,000/-	12.05.2025
5.	170385 for Rs. 5,00,000/-	12.06.2025
	Total	Rs.25,00,000/-

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d). If any of the parties to this compromise petition fail to comply with any of the terms mentioned above the other party is at liberty to execute the compromise decree to be passed in this appeal in addition to other available legal remedies under section 138 of Negotiable Instruments Act.

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e). The LRs of the original plaintiff/Appellants and defendant No.1 agrees to get the plot subdivided in terms of the handsketch annexed with this compromise petition.

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f). The parties to the compromise agree to co-operate with each other by appearing and producing necessary and relevant documents before the concerned revenue officials and corporation

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9 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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officials to facilitate in getting e-swattu, phodi of the said plot, etc.,

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g). The LRs of the original plaintiff/Appellants hereby declare that there are no other legal heirs to the deceased original plaintiff and in case if any claim is made by anybody as the LR of the deceased plaintiff, the appellants undertake to indemnify the defendant No.1 against such claim.”

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As per the terms of the compromise, the legal representatives of original plaintiff / appellants have agreed to receive ₹30 lakhs and give up their right in the ABEF portion of the suit plot as indicated in the hand sketch map and legal representatives of the plaintiff / appellants to retain only BCDE portion of the suit plot as indicated in the hand sketch map. The defendant No.1 agrees to hand over BCDE portion of the suit plot to the legal representatives / appellants immediately on receipt of the compromise decree, the hand sketch map is part and parcel of the compromise petition. The defendant No.1 has agreed to pay amount of ₹30 lakhs by way of 6

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10 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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installments of ₹5,00,000/- each. The first installment has been paid by defendant No.1/respondent No.1 on 12.12.2024 by cheque bearing No.293340 for ₹5,00,000/in the name of appellant No.3 and further post dated cheques have been drawn in the name of appellant No.3 for the remaining amount of ₹25,00,000/- as indicated at para No.5(c) of the terms of the compromise, the cheques have been handed over to the appellant No.3 who is present before the Court.

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When a query made by this Court, appellant No.3 and the respondent No.1 submit that they are agreeable to the terms of compromise. The cheques issued by defendant No.1/ respondent No.1 in favour of the appellant No.3 on behalf of other appellants would be always subject to realization.

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The compromise petition is taken on record and the terms of the compromise and the hand sketch map form part and parcel of this order.

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11 - NC: 2024:KHC-D:18348 RSA No. 1146 of 2010 C/W RSA No. 1147 of 2010

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The appeals stand disposed of in terms of the

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compromise petition.

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Registry to draw the decree accordingly.

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The efforts made by the counsels Smt. Pallavi

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Pachhapure along with Sri.Srinand A.Pachhapure and Arun L.Neelopant to arrive at an amicable settlement is appreciated and placed on record.

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SD/-

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(JUSTICE K.S.HEMALEKHA)

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RH CT:PA LIST NO.: 1 SL NO.: 35

Mallikarjun Bhoopalappa Turamuri v. Dr Sharad Nirayan Nadkarni

Case brief

What is this about?

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Mallikarjun Bhoopalappa Turamuri v. Dr Sharad Nirayan Nadkarni

Case brief

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