Disposed

Shri Shashikant Dhondiram Relekar v. Shri Dattu Laxman Mane

Karnataka HC3 Jul 2024RSA/651/2008

Case brief

AI extract

What is this about?

This regular second appeal regarding property rights is disposed of on the terms of a compromise petition. The appellants acknowledged the absolute ownership of the suit property over the respondents and paid a total sum of seven lakhs to the respondents, resulting in a modified decree.

What did the court decide?

Appeal disposed of on the terms of the compromise; modified decree to be drawn.

Shri Shashikant Dhondiram Relekar Vs Shri Dattu… — Succession and Inheritance | Karnataka HC (2024)

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NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA

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REGULAR SECOND APPEAL NO. 651 OF 2008 (INJ-)

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BETWEEN:

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SHRI SHASHIKANT DHONDIRAM RELEKAR AGE: 52 YEARS, OCC: BUSINESS, R/O NEHRU ROAD, SANKESHWAR-591313, TALUK: HUKERI, DIST: BELGAUM

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SINCE DECEASED BY LRS APPELLANT NO.2

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SHRI BABURAO DHONDIRAM RELEKAR, AGE: 51 YEARS, OCC: RIKSHA DRIVER, R/O NEHRU ROAD, SANKESHWAR-591313, TALUK: HUKERI, DIST: BELGAUM.

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SHRI MADHUKAR DHONDIRAM RELEKAR SINCE DECEASED BY LRS

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Digitally signed by SAROJA HANGARAKI

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

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3(A) SULOCHANA W/O MADHUKAR RELEKAR AGE: 60 YEARS, OCC: HOUSEHOLD, R/O CHOPADARGALLI, SANKESHWAR, TQ: HUKKERI, DIST: BELGAVI.

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3(B) SAVITA W/O VIKAS KOLEKAR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O H.NO.3549, UMAJI NAGAR PETH, TQ. VALVA, DIST. SANGLI,

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3(C) POOJA @ JAYASHREE W/O NIJANAND VAVAL, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O 872 SAJJANA GALLI, TQ: ATHANI, DIST. BELGAVI.

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- 2 - NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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1(D) NEETA W/O PRASAD BONGALE, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O KHUPARE NAGAR LANE NO.9, PATTANKADOLI, TQ. HATKANAGALI, DIST: KOLHAPUR.

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…APPELLANTS

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(BY SRI B.S.KAMATE, ADVOCATE FOR A3(A) TO D) V/O DATED 25.05.2023,

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A1 DECEASED HIS LRS IS ALREADY ON RECORD AS A2

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AND:

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SHRI DATTU LAXMAN MANE SINCE DECEASED BY HIS LRS

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1A) SMT. SHANTA W/O DATTU MANE, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O NADI GALLI, SANKESHWAR-591313, TALUK: HUKERI, DIST: BELGAUM.

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1B) SHRI VILAS DATTU MANE, AGE: 45 YEARS, OCC: SERVICE, R/O NADI GALLI, SANKESHWAR-591313. TALUK: HUKERI, DIST: BELGAUM.

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1C) SHRI RAVINDAR DATTU MANE, AGE: 40 YEARS, OCC: SERVICE, R/O NADI GALLI, SANKESHWAR-591313. TALUK: HUKERI, DIST: BELGAUM.

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1D) SHRI RAMESH DATTU MANE, AGE: 38 YEARS, OCC: BARBER, R/O NADI GALLI, SANKESHWAR-591313. TALUK: HUKERI, DIST: BELGAUM.

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- 3 - NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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1E) SHRI VINAYAK DATTU MANE, AGE: 36 YEARS, OCC: BUSINESS, R/O NADI GALLI, SANKESHWAR-591313. TALUK: HUKERI, DIST: BELGAUM.

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1F) SHRI RAJU DATTU MANE, AGE: 34 YEARS, OCC: BUSINESS, R/O NADI GALLI, SANKESHWAR-591313 TALUK: HUKERI, DIST: BELGAUM.

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1G) SUSHILA D/O DATTU MANE, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O NADI GALLI, SANKESHWAR-591313. TALUK: HUKERI, DIST: BELGAUM.

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1H) RANJANA D/O DATTU MANE, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O NADI GALLI, SANKESHWAR-591313.

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…RESPONDENTS

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(BY SRI PRASHANT MATHAPATI, ADVOCATE FOR R1(B,C,D,E,G & H) R1D IS GPA HOLDER FOR R1(B,C & F)

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THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.12.2007 PASSED BY THE CIVIL JUDGE (SR.DN.) HUKERI IN R.A.NO.152/1997 PASSED BY THE PRINCIPAL MUNSIFF, HUKERI IN O.S.NO.36/2004 (OLD NO.108/1991) BY ALLOWING THIS R.S.A. WITH COSTS IN THE INTEREST OF JUSTICE.

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

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4 - NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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JUDGMENT

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Learned counsel for the appellants and learned counsel for

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the respondents have filed a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure, 1908¹ , placing on record the terms and conditions in which the parties have settled the matter which is as under:

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i.That the appellants above named filed present regular second appeal against the judgment and decree dtd:11-12-2007 passed by the learned Civil Judge (Sr DN) Hukkeri in RA No.152 of 1997 confirming the judgment and decree dtd:26-111996 passed by the learned principal Munsif, Hukkeri in OS No.36 of 2004 (Old No.108 of 1991).

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ii.The suit schedule property is the shop property bearing TMC No.1217 situated at Nehru road, Sankeshwar Tq:Hukkeri bounded by

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East by : Public Road

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West by : Remaining Portion of the Suit premises North by: Cloth shop of (1) Vittal Appaji Mane and South by: Entrance passage of the said premises of the Appellants and side by that stationery shop of sugandi.

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iii.The respondents hereby acknowledge that the Suit property is the absolute ownership of Appellants and they are in possession of the suit property as

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1 Hereinafter referred to as ‘CPC’

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NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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owners. The Respondents have no any kind of right title or interest over the suit property.

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iv.That in view of the damage claimed by the Respondents it is agreed in terms of the settlement between Appellants and Respondents 1 b to 1 h that Appellant has paid a sum of Rupees seven lakhs (7,00,000/-) to all the Respondents (one lakh each) in the court today. The Respondent herein acknowledge the receipt of sum of Rupees seven lakhs (7,00,000/-) in cash from the Appellants.

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v.The Respondents herein state and acknowledge that the suit property is to be enjoyed by the Appellants as owners.

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vi.The above contents of this compromise petition are read over and explained in the language known to the Appellants and Respondents and the same is accepted by them.

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For the reasons stated above it is humbly prayed that the above RSA may kindly be disposed of in terms of the above application compromise decree be drawn accordingly in the interest of justice and equity.

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1. The appellant No.2 and respondents No.1(b) to 1(h)

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are present. They are identified by their respective counsels. Attested copies of the Aadhar card of the parties are annexed along with the compromise petition. In terms of the compromise agreed to between them, the appellant No.2 has

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6 - NC: 2024:KHC-D:9091 RSA No. 651 of 2008

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paid a sum of ₹1,00,000/- e ach to the respondents No.1(b) to 1(h) by cash and the said respondents acknowledge receipt of the said amount.

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The appellant No.2 has filed a memo that the said total sum of ₹7,00,000/- h as been paid by him to the respondents No.1(b) to 1(h) and for the said purpose the amount of ₹7,00,000/- w as arranged through one of his wellwishers which was withdrawn from HDGC Bank account bearing No.50200028723321 of Sankeshwar Branch.

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1. The parties admit the terms and conditions agreed to

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between them.

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1. Hence, the above appeal is disposed off in terms of

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the compromise as noticed above.

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1. Modified decree to be drawn accordingly.

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CT:GSM/List No.: 1 Sl No.: 57

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Sd/JUDGE

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PMP

Shri Shashikant Dhondiram Relekar v. Shri Dattu Laxman Mane

Case brief

What is this about?

What did the court decide?

Shri Shashikant Dhondiram Relekar v. Shri Dattu Laxman Mane

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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