Regular Second Appeal regarding allotment of shares in partition suit. Parties reached amicable settlement modifying previous allotments. Court accepted joint memo, modified lower court orders to reflect settlement, and disposed of appeal.
Decree modified in terms of the joint settlement memo filed by the parties regarding allotment of partition shares.
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NC: 2024:KHC:5273 RSA No. 1764 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 1764 OF 2023 (PAR)
BETWEEN:
ALL ARE R/AT
Digitally signed by SUMA B N Location: High Court of Karnataka
BOMMARASANAHALLI
NITTUR HOBLI, GUBBI TALUK - 572216.
(BY SRI. SAMPATH A.,ADVOCATE)
…APPELLANTS
AND:
…RESPONDENTS
(BY SRI. G.A. GOPI., ADVOCATE FOR R1 & R4)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 14.07.2023 PASSED IN RA NO.10/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 20.01.2020 PASSED IN FDP NO.1/2014 ON THE FILE OF THE C/C PRINCIPAL CIVIL JUDGE AND JMFC, GUBBI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:5273 RSA No. 1764 of 2023
JUDGMENT
This appeal is filed by the legal representatives of
one Ningaiah who was defendant No.1 in the suit in O.S.No.265/1999, which had been filed by the respondent No.1 herein seeking partition and separate possession of the suit schedule property and the same was decreed by the Trial Court vide judgment and decree dated 04.12.2008. As against the same an appeal was filed in R.A.No.10/2020 before the First Appellate Court which was disposed of on 14.07.2023 confirming the judgment and decree passed by the Trial Court.
proceedings were initiated in FDP No.1/2014 in which a report was filed by the Court Commissioner. Accepting the same the Trial Court allowed the petition vide order dated 04.12.2008 allotting the shares to the parties as per the report of the Court Commissioner. Extent and allotment of shares has been extracted in the operative portion of the
order passed in the FDP No.1/2014. Aggrieved by the said allotments, appellants herein preferred regular appeal in R.A.No.10/2020 before the First Appellate Court and by order dated 14.07.2023 the said appeal came to be dismissed confirming the orders passed by the Trial Court and FDP No.1/2014. Being aggrieved by the same, appellants are before this Court.
Accordingly, parties have amicably resolved the matter and a joint memo in this regard is filed today by the parties.
Sri.Balakrishna and Sri. Hanumantharaju are present personally and are duly represented and identified by their learned counsel for the appellants Sri. Sampath A.
NC: 2024:KHC:5273 RSA No. 1764 of 2023
Respondent Nos. 1 and 4 are also represented and identified by their counsel Sri.G.A.Gopi. Respondent Nos.2 and 3 though have not engaged services of counsel, are personally present and they have produced their Aadhar Cards. Since they are the sisters of the appellants 2 and 3 and daughters of the appellant No.1 they also have identified them in the presence of their counsel.
"1. The parties above named submits that they have amicable settled the above matter.
2. It is submitted that the Appellant herein had filed the above Appeal challenging the Judgment and Decree passed in RA 10/2020, wherein order
passed in FDP 1/2014 was challenged. It is submitted that appellants herein and Respondent No.2 and 3 were allotted with Block I and II as per the report prepared by the court commissioner in the said FDP proceedings and Respondent No.1 and 2 were allotted with Block III and IV.
3. It is submitted that as per the terms of the settlement the Appellants and Respondents No.2 and 3 herein have agreed for allotment of Block III and IV in their favour. Whereas, Respondent No.1 and 4 herein have agreed for allotment of Block I and II in their favour respectively as demarcated by the court Commissioner in FDP No.1/2024".
and same having been accepted and confirmed by the parties who are personally present before this Court, this court is of the considered view that the order passed by the Trial Court and confirmed by the First Appellate Court be modified in term of Joint memo. Accordingly, same
stands modified and registry to draw the decree in terms of the joint memo filed by the parties.
With the above observation, appeal is disposed of.
Sd/JUDGE
RU, List No.: 2 Sl No.: 29
1 provisions across 1 enactments
Smt Gangamma
Sri Balakrishna
Sri Hanumantharaju
Sri Basavaraju
Smt. Savithramma
Smt. Mamatha
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
