Smt.Shantavva W/O Gulappa Sulibhavi Vs Gulappa S/O Mantappa Sulibhavi

SMT. SHANTAVVA W/O. GULAPPA SULIBHAVI, AGE: 54 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. TULASIGERI VILLAGE, (SO ALSO RESIDING AT SHIRUR VILLAGE), TQ AND DIST. BAGALKOTE-587204.

¶13

KUMARI JYOTI

¶14

Digitally
signed byYASHAVANT
NARAYANKAR
Location:
HIGH COURT
YASHAVANTNARAYANKAR OFKARNATAKADHARWAD
BENCH
DHARWAD
Date:
2025.07.24
10:39:57
+0530

¶15

D/O. GULAPPA SULIBHAVI, NOW AFTER MARRIAGE HER NAME IS SMT. PADMAWATHI W/O. MALLAPPA NYAMAGOUDAR, AGE: 24 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. TULASIGERI VILLAGE, TQ AND DIST. BAGALAKOTE-587204.

¶16

NOW RESIDING AT WARD NO.1, JADAR- ARALIKATTI, VARCHAGAL, BAGALKOTE-587122.

¶17

…APPELLANT

¶18

(BY SMT.PALLAVI S. PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES)

¶19

2 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶20

HC-KAR

¶21

AND:

¶22

SHRI GULAPPA S/O. MANTAPPA SULIBHAVI, AGE: 65 YEARS, OCC. AGRICULTURE, R/O. SHIRUR VILLAGE, TQ. AND DIST. BAGALAKOTE-587120.

¶23

SMT. AMARAVVA W/O. GULAPPA SULIBHAVI, AGE: 58 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIRUR VILLAGE, TQ. AND DIST. BAGALAKOTE-587120.

¶24

SMT. LAXMAVVA W/O. MUDINGOUDA PATIL, (SHE ALSO CALLED AS SMT. LAXMI W/O. MADIGOWDA RAMPUR) AGE: 38 YEARS, OCC. HOUSEHOLD WORK, R/O. HALLI VILLAGE (MITTIKELLUR), TQ. LINGASUR (LINGASUGUR), DIST. RAICHUR-584122.

¶25

SMT. MALLAVVA W/O. BASAVARAJ KHANAPUR, (CORRECT NAME IS SMT. MALLAVVA W/O. BASAVARAJ MAKAPUR), AGE: 36 YEARS, OCC. HOUSEHOLD WORK, R/O. LEKKYAL VILLAGE (HIRE LEKKYAL), TQ. LINGASUR (LINGASUGUR), DIST. RAICHUR-584122.

¶26

SHRI PARASAPPA @ PARASHURAM S/O. GULAPPA SULIBHAVI, AGE: 34 YEARS, OCC. AGRICULTURE, R/O. SHIRUR VILLAGE, TQ. AND DIST. BAGALAKOTE-587120.

¶27

SMT. PREMA W/O. NINGAPPA @ MANTESH PATIL

¶28

3 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶29

HC-KAR

¶30

(NOW CALLED AS SMT.PAVITRA W/O. NINGANGOUDA PATIL), AGE: 31 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. HULAGERI, TQ. KUSTAGI, DIST. KOPPAL-583277.

¶31

SHRI MANJUNATH S/O. GULAPPA SULIBHAVI, AGE: 28 YEARS, OCC. SUTDENT, R/O. SHIRUR VILLAGE, TQ. AND DIST. BAGALKOTE-587120.

¶32

…RESPONDENTS

¶33

(BY SRI. SANJAY S.KATAGERI, ADVOCATE FOR R1 AND R7)

¶34

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.03.2019 PASSED IN O.S.NO.14/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOTE, DISMISSING THE SUIT FILED FOR DECLARATION AND SEPARATE POSSESSION.

¶35

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶36

CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K

¶37

4 -

¶38

NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶39

HC-KAR

¶40

ORAL JUDGMENT

¶41

(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

¶42

This appeal arises out of the judgment and decree dated 21.03.2019 passed by the I-Additional Senior Civil Judge and JMFC, Bagalkot in OS No.14/2015 by which the trial Court dismissed the suit filed by the appellants herein for declaration partition and separate possession of their share. When this appeal was listed for final hearing, the parties have filed a compromise petition under Order XXIII Rule 3 of CPC which reads as follows;

¶43

“COMPROMISE PETITIN UNDER ORDER 23 RULE 3 R/W 151 OF CPC

¶44

The Appellants and the Respondents No.1 and 7 herein humbly submits this Compromise Petition which is as follows:

¶45

I. That, the top Noted Regular First Appeal is filed by the Appellants/Plaintiffs, in challenging the Impugned Judgment and Decree dated: 2103-2019 in O.S. No. 14/2015 passed by Learned | Addl. Senior Civil Judge and JMFC, Bagalkot, in

¶46

5 -

¶47

NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶48

HC-KAR

¶49

dismissing the said Suit filed by the Appellants herein as against the Respondents herein / Defendants for the Relief of Declaration, Partition and Separate Possession in respect of Suit Schedule Properties Comprising of Agricultural Lands and House Properties situated at Shirur Village of Bagalkot Taluka and District, by Claiming their 2/3^rd Shares as stated in the Schedule 'B' Properties. Hence, this Regular First Appeal by the Plaintiffs.

¶50

II. That, the Suit Schedule Properties are the Agricultural lands and House Properties situated at Shirur Village of Bagalkot Taluka and District. That, some of the Suit Schedule Properties are the Ancestral, Joint Family Properties and some of them are purchased in the name of the Respondents No.5 and 7 herein during the pendency of the said Suit as well as during the pendency of this Appeal before this Hon'ble Court. Thus, some are not included in the Plaint Schedule 'B' and now they are included in this Appeal in this Compromise Petition. Hence, all the Suit Schedule Properties are treated as Ancestral and Joint Family Properties between the Appellants and the Respondents herein.

¶51

6 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶52

HC-KAR

¶53

III. That, the Suit Schedule Properties

¶54

are described as follows:

¶55

Sl. No.	R.S. Numbers	Extent A-G	Assessment Rs-Ps.	Village	Taluka and District
01.	R.S.No.683/1	5-03	10.11	Shirur	Bagalkot
02.	R.S.No.322/1+ _2/2 _	3-39	9-19	Shirur	Bagalkot
03.	R.S.No.333/1	2.05.01	5.09	Shirur	Bagalkot
04.	R.S.No.204/2	5.00	10.75	Shirur	Bagalkot
05.	R.S.No.95/2	2.21	2.23	Shirur	Bagalkot
06.	VPC No.2283/14 (House)	-	-	Shirur	Bagalkot
07.	VPC No.1191 (House)	-	-	Shirur	Bagalkot
08.	R.S.No.73/2	2-07	1.40	Shirur	Bagalkot
09.	R.S.No.96/16	0.18	0.33	Shirur	Bagalkot
10.	R.S.No.96/10A	1.20	1.08	Shirur	Bagalkot
*11.*	*R.S.No.87/2*	*3.00*	*1.58*	*Shirur*	*Bagalkot*
12.	R.S.No.87/3	3.00		Shirur	Bagalkot

¶56

By way of Amendment in this Appeal, the Landed properties at Serial Nos. 8 to 12 are added as Schedule Properties with the consent of both the parties.

¶57

That, now both the parties i.e. the Appellants (Plaintiffs) and the Respondents (Defendants) have agreed for Compromise the matter in this Appeal

¶58

7 -

¶59

NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶60

HC-KAR

¶61

before this Hon'ble Court. Hence, this Compromise Petition is filed herein with the following Terms and Conditions.

¶62

1) That, the Appellants and the Respondents herein are Joint Family Members in respect of the suit Scheduled properties. Thus, the Status of the Appellants herein/ Plaintiffs is not decided herein, in view of all the parties herein agreeing for this settlement by way of this Compromise Petition. Since, this Compromise Petition has resolved the Rights, Claim, Interest etc of the Appellants and the Respondents herein. Hence, the Shares of the Appellants and the Respondents herein are divided by way of Partition by metes and bounds

¶63

2) That, the Appellants No.1 and 2 herein (Plaintiffs) have agreed for Full and Final Settlement of their Shares in respect of one of the Suit Schedule Property comprising of the Agricultural Land bearing Sy.No. 87/2 which is in all measuring to the extent of 3 Acres situated at Shirur Village of Bagalkot Taluka and District, which is found at Sl.No.11 of the Schedule Properties mentioned above in this Compromise Petition. Thus, out of the said Suit Schedule Properties comprising of Agricultural Lands and House Properties as mentioned at Sl.No.1 to 12, the Appellants herein have agreed to take one of the Suit Schedule Property only. Further, the Appellants have agreed to receive Rs.15,00,000/- (Rupees Fifteen Lakhs only) from the Respondent/Defendants. Thus, the Appellants herein are declared as Absolute Owners and in Possession of the said one of the Suit Schedule Property with Boundaries as follows:

¶64

8 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶65

HC-KAR

¶66

Towards East : Adjacent Sy.No.87/3 Towards West : Adjacent Sy.No. 87/1 Towards North : R. S. No. 88A Towards South : Cattle Road

¶67

3) Thus, the Appellants herein have agreed to receive Full and Final Settlement of Rs.15,00,000/- (Rupees Fifteen Lakhs only) from the Respondents herein / Defendants towards this Settlement, in addition to the said Agricultural Land bearing R.S. No.87/2 which is found at Sl.No.11 of the Schedule Properties as stated above.

¶68

4) That, the Appellants have agreed to give up their Rights, Share, Claim, Interest etc over the remaining Suit Schedule Properties which are mentioned in the Scheduled at Sl.No.1 to 10 and Sl. No.12 in favour of the Respondents / Defendants in Full and Final Settlement. Thus, the Respondents herein are declared as Absolute Owners and in Possession of the said remaining Suit Schedule Properties as above mentioned Scheduled at Sl.No.1 to 10 and at Sl. No.12. So, also the Respondents who are running the Small Timber Yard at Shirur are declared as Owner and Possession of the same.

¶69

5) That, the said amount of Rs.15,00,000/- is towards Full and Final Settlement to the Appellants from the Respondents. Thus, the Appellants Agrees they shall not Claim any Amount by way of Alimony, Maintenance, Charge, shelter or any other rights or interest over the Suit Schedule Properties or any Claim as against the Respondents, more particularly as against the Respondent No.1 in any Court of Law, or any Proceedings as against the Respondents (Defendants).

¶70

9 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶71

HC-KAR

¶72

6) That, the said amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) is paid by way of two Demand Draft drawn in favour of the Appellants No.1 and 2 herein separately.

¶73

i) i.e. Rs.10,00,000/- (Rupees Ten Lakhs only) in favour of the Appellant No.1 herein Smt. Shantavva W/o. Gulappa Sulibhavi by way of Demand Draft bearing No.241652, dated:21-072025 drawn through Canara Bank, Lokapur Branch.

¶74

ii) i e. Rs.5,00,000/- (Rupees Five Lakhs only) in favour of the Appellant No.2 herein Smt. Padmawathi W/o. Mallappa Nyamagoudar (prior to Marriage her name as Kumari Pooja D/o. Gulappa Sulibhavi) by way of Demand Draft bearing No.241651 dated:21-07-2025 drawn through Canara Bank. Lokapur Branch.

¶75

7) That, the Respondents herein (Defendants) undertakes to hand over the Possession and Occupation of the said Agriculture Land bearing R.S. No. 87/2 measuring to the extent of 3 Acres situated at Shirur Village of Bagalkot Taluka and District to the Appellants herein (Plaintiffs) by the end of 31^st October 2025, since the Respondents herein have grown Bengal Gram over the said Land. Thus, after harvesting the said Crop within time, the Respondents undertakes to hand over the said Agricultural Land to the Appellants without any obstruction in any manner by them. So also, the Respondents herein shall not obstruct the Cultivation and Enjoyment of the said Property by the Appellants in any manner in this regard from handing over the date of possession and occupation to the Appellants.

¶76

8) That, the Appellants herein have got Absolute Rights, Title and Interest over the said Agricultural Land as jointly enjoyment, Possession and Occupation of the said Land.

¶77

10 -

¶78

NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶79

HC-KAR

¶80

9) That, the Respondents herein will not make any changes in the said Agricultural Land of Sy.No.87/2 during this period and thereby will retain the existing Topographical Level of Land and so also the existing Borewell in the said Land.

¶81

10) The Appellants have got Rights and Interest to mutate their names in the Revenue Records and before Revenue Authorities and in this regard the Respondents herein undertakes not to Obstruction for the same. Such Mutation Proceedings before the Authorities.

¶82

11) That, the Respondents herein shall undertake to clear all encumbrances, charges to the Bank or other Financial Institutions or Government Dues over the said Agricultural Land bearing Sy.No.87/2 measuring to the extent of 3 Acres situated at Shirur Village of Bagalkot Taluka within 31^st October 2025. The said encumbrance is around Rs.3.00 lakhs and odd.

¶83

12) Further, in the Event of Respondents refusing to abide the Terms and Conditions of this Compromise Petition, then such parties ie. Appellants shall have Right to file the proceedings before the Court to enforce their Rights under this Compromise.

¶84

13) That, this Settlement by way of this Compromise Petition in between the Appellants and Respondents herein are agreed with their Free Consent and there is no any Coercion, Undue Influence, Misrepresentation or Fraud to any of the parties or between them. Thus, the Terms and Conditions of this Compromise Petition are agreeable to them which are full and final.

¶85

11 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶86

HC-KAR

¶87

14) That, this Compromise Petition is binding upon the Appellants and Respondents and upon their Legal Heirs, successors, Executants, Assignees, Agents etc.

¶88

15) That, the contents of this Compromise Petition which is in English Language is read over and explained to the Appellants and Respondents in the Kannada Language, known to them. Thus, they have agreed for the Terms and Conditions of this Compromise Petition which are true and correct to the best of their knowledge, belief and information and thereby they have affixed their signatures with their Free Consent. Hence, this Compromise Petition be kindly accepted by this Hon'ble Court.

¶89

Therefore, it is most humbly prayed by the Appellants herein /Plaintiffs and the Respondents herein / Defendants to this Hon'ble Court, be please to Accept this Compromise Petition with the Terms and Conditions stated in it, by Setting Aside the Impugned Judgment and Decree dated: 21-03-2019 in O.S. No. 14/2015 passed by Learned I Addl. Senior Civil Judge and JMFC, Bagalkot, wherein the Suit filed by the Appellants herein in O.S. No. 14/2015 for the Relief of Declaration, Partition and Separate Possession as against the Respondents herein in respect of the Suit Schedule Properties in dismissing the Suit be kindly set aside, by allowing this Appeal in Terms and Conditions of this Compromise Petition in between the Appellants and Respondents herein by directing the Registry of this Hon'ble Court to draw the Decree as per this Compromise Petition without Cost, in the interest of justice and equity."

¶90

12 - NC: 2025:KHC-D:9081-DB RFA No. 100276 of 2019

¶91

HC-KAR

¶92

On perusal of the terms of the compromise,

¶93

it discloses that as a result of the compromise, the appellants-plaintiffs herein would be paid a sum of Rs.15,00,000/- and 3 acres of land in Sy. No.87 / 2 of Shirur village of Bagalkot taluk and district. Since the compromise entered into between the parties is lawful and is not prohibited by any law, the same is accepted.

¶94

The appellants and respondents are present and are identified by their respective counsels and they acknowledge the terms of the compromise.

¶95

As part of the compromise, the

¶96

respondents have handed over 2 Demand Drafts for a sum of Rs.10,00,000/- and Rs.5,00,000/- respectively to the appellants and the same is acknowledged by the appellants.

¶97