Sri E U Somanna Vs Smt E U Ponnamma

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.07.2016 PASSED IN R.A.NO.72/2012 ON THE FILE OF I ADDL. DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.07.2012 PASSED IN O.S.NO.115/2005 ON THE FILE OF SENIOR CIVIL JUDGE, MADIKERI.

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

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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NC: 2025:KHC:360 RSA No. 1719 of 2016

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ORAL JUDGMENT

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This second appeal is filed by the plaintiff for setting aside the judgment of dismissal of the suit passed by the first appellate court in R.A.No.72/2012 for having reversing the judgment and decree passed in favour of the plaintiff by the Trial Court in O.S.No.115/2005 dated 19.07.2012.

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The appellants are the plaintiff and respondents are the defendants before the Trial Court. The ranks of the parties are retained for the sake of convenience.

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During the pendency of the appeal, both appellants and the respondents have filed joint compromise application under Order 23 Rule 3 of CPC. It is agreed by both parties that 2 items of suit schedule property which are in Sy.No.71/2 measuring 2.76 acres and in Sy.No.131/2 measuring 0.24 acres (in khatha no.44, situated at Kodambur village, Madikeri Hobli and Taluk, Kodagu district).

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It is submitted by the learned counsel for the appellants to receive 1 acre of the land in Sy.No.71/2 of Kodambur village, Madikeri village in the following manner of the survey sketch, as below,

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NC: 2025:KHC:360 RSA No. 1719 of 2016

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"3. At the interventions of the well wishers of the Appellants and the Respondents this compromise petition is executed.

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4. The Respondents at the request of the Appellants have agreed to give 1 acre of land to the Appellants in Sy. No.71/2 of Kodambur Village, Madikeri Taluk in the following manner.

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i. 0.50 acres to Sri. E U Somanna.

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ii. 0.50 acres to Sri. E U Poonacha.

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iii. 0.03 acres reserved as grave yard.

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iv. The Extent of 1.73 acres shall continue to remain with Smt. E U Ponamma and Sri. E U Vijaya.

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5. A Survey sketch of the property bearing Sy. No.71/2 of Kodambur Village, Madikeri Taluk delineated is annexed to this Compromise Petition.

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6. The Item No. 2 of the Suit Schedule Property continue to be that of the Respondents.

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7. The Respondents undertake to put the Appellants in physical possession of the properties referred above on the 15th day of February 2025.

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The defendants retained land in Sy.No.71/2 measuring 1.73 acres which is morefully described as B1 in the sketch shown in white colour. The 50 cents of the said area is marked as B2 shown in yellow colour fallen to the share of E.U.Poonachaa/appellant No.2 and another 50 cents is coloured

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NC: 2025:KHC:360 RSA No. 1719 of 2016

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in pink, which is marked as B3 in the sketch, fallen to the share of appellant No.1/E.U.Somanna.

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The parties have agreed before the court regarding

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the settlement in accordance with law. Hence, the same is accepted I..A.No.1/2025 is hereby allowed.

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Accordingly, this appeal is allowed . The parties are allowed to compromise and consequently appeal is disposed of in view of the compromise.

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Draw decree as per the terms of compromise.

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Both appellants and respondents are entitled for the coloured copies of sketch accompanied along with the decree.

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Also, the Tahsildar, Madikeri, is directed to bifurcate and issue the mutation to the respective parties, within 3 months from the date of receipt of the settlement copy of the decree.

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Sd/(K.NATARAJAN) JUDGE

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AKV List No.: 3 Sl No.: 1 SK

Sri E U Somanna v. Smt E U Ponnamma

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Sri E U Somanna v. Smt E U Ponnamma

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