Smt. Sumathi U Athikari Vs Smt Dhanamma

SMT JAYAMMA @ JAYAVATHI AGED ABOUT 71 YEARS D/O LATE K P DHARMAPALA KATTADA R/AT #2-213C MAHAVEERA HOUSE AMANOTTU, ADARSH NAGARA MURAGOLI, PADUMARNAD VILLAGE-574213 MANGALORE TALUK DK DISTRICT

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…APPELLANTS

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(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

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AND:

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SMT DHANAMMA @ DHANAVATHI AGED ABOUT 52 YEARS, D/O LATE SUMANAJI W/O CHITHARANJAN ARIGA PERADAL HOUSE, SULKERI NARAVI-574109

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BELTHANGADY TALUK DK DISTRICT

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SRI VIDYANANDA @ VIDYANANDA JAIN, AGED ABOUT 72 YEARS S/O LATE K P DHARMAPALA KATTADA R/AT BOKKATTE MIYAR, KARKALA TALUK UDUPI -574107

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SMT VANI @ VANI JAIN, AGED ABOUT 69 YEARS, D/O LATE K P DHARMAPALA KATTADA R/AT DOLDA BETTU HOUSE 5/103/3 BORKATTE POST, KARKALA TALUK UDUPI -574107

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SRI JEEVANDHARA @ JEEVANDHAR JAIN AGED ABOUT 58 YEARS S/O LATE K P DHARMAPALA KATTADA R/AT 2-16, RAKSHITHA JODUKATTE, MIYAR, KARKALA TALUK UDUPI-574 107.

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SRI DEVAPALA @ DEVAPALA JAIN AGED ABOUT 61 YEARS S/O LATE K P DHARMAPALA KATTADA R/AT DOLDA BETTU HOUSE 5/103/2 BORKATTE POST, KARKALA TALUK UDUPI – 574 107.

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SRI NABHIRAJA @ NABHIRAJA JAIN AGED ABOUT 58 YEARS

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S/O LATE K P DHARMAPALA KATTADA R/AT DOLDA BETTU HOUSE, 103/1, BORKATTE POST KARKALA TALUK UDUPI – 574 107. RESPONDENTS 2 TO 6 ARE RESIDENTS OF MIYAR VILLAGE, POST:BORKATTE-574 107 KARKALA TALUK UDUPI DISTRICT.

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MR. MAHAVEERA AGED 41 YEARS S/O SMT VANI JAIN D.NO.5-103, DOLDA BETTU HOUSE, BORKATTE POST, KARKALA TALUK -574 107 UDUPI DISTRICT.

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…RESPONDENTS

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(BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE FOR R-1 TO R-6; SRI GURURAJA P.B., ADVOCATE FOR PROPOSED IMPLEADING – R-7)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO CALL FOR THE RECORDS IN R.A.NO.24/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND A.C.J.M KARKALA AND THAT OF THE PRL. CIVIL JUDGE & JMFC, KARKALA IN O.S.NO.7/2011 AND SET ASIDE THE JUDGMENT AND DECREE DATED 29-08-2018 PASSED IN R.A.NO.24/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND A.C.J.M., KARKALA AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

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The appellants being the plaintiffs have filed a suit in O.S.No.7/2011 on the file of Civil Judge, Karkala seeking partition of schedule ‘A’ property of the petition.

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For reference of convenience the parties herein are referred as they arrayed before the Trial Court.

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The Trial Court by its judgment and decree dated 14.07.2015 was pleased to decree the suit of the appellants/plaintiffs. Challenging the same, the respondents herein have preferred R.A.No.24/2015 before the Senior Civil Judge and A.C.J.M Karkala. The First Appellate Court vide judgment and decree dated 29.08.2018 has allowed the appeal and thereby dismissed the suit of the appellants/plaintiffs.

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It is stated that, at the intervention of the well wishers and family friends and sound advice rendered by the counsel appearing for both the parties, the dispute

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between the parties has been resolved amicably on the

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following terms;

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i) That the immovable property detailed in schedule 'A' here below is allotted to the absolute share of the Defendant/Respondent No. 5 namely Sri. Devapala @ Devapala Jain. Based on the allotment made herein, Sri. Devapala Jain shall be entitled to mutate the schedule 'A' property exclusively in his name by seeking removal of the name of the rest of the parties herein. So also, he shall be entitled to change the Door Number of the building situated in the 'A' schedule property in his exclusive name and the rest of the parties shall not have any objection for the same.

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ii) That the immovable property detailed in schedule 'B' here below is allotted to the absolute share of the Defendant/Respondent No. 3 namely Smt. Vani @ Vani Jain. Based on the allotment made herein Smt. Vani Jain shall be entitled to mutate the schedule 'B' property exclusively in her name by seeking removal of the name of the rest of the parties herein. So also, she shall be entitled to change the Door Number of the building situated in the 'B' schedule property in her exclusive name and the rest of the parties shall not have any objection for the same.

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iii) That the immovable property detailed in schedule 'C' here below is allotted to the absolute share of the Defendant/Respondent No. 6 namely Sri. Nabhiraja Jain. Based on the allotment made herein Sri. Nabhiraja @Nabhiraja Jain shall be entitled to mutate the schedule 'C' property exclusively in his name by seeking removal of the name of the rest of the parties herein. So also, he shall be entitled to change the Door number of the building situated in the 'C' schedule property in his exclusive name and the rest of the parties shall not have any objection for the same.

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iv) That the immovable property detailed in schedule 'D' here below is allotted to the absolute share of the Defendant No 2/Respondent No 2 namely Sri. Vidyananda @ Vidyananda Jain. Based on the allotment made herein Sri. Vidyananda Jain shall be entitled to mutate the schedule 'D' property exclusively in his name by seeking removal of the name of the rest of the parties herein.

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v) That the immovable property detailed in schedule 'E' here below is allotted to the absolute share of the Defendant No.1(a) /Respondent No.1 namely Smt. Dhanamma Alias Dhanavathi. Based on the allotment made herein Smt. Dhanamma Alias Dhanavathi shall be entitled to mutate the schedule

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'E' property exclusively in her name by seeking removal of the name of the rest of the parties herein and the rest of the parties shall not have any objection for the same.

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vi) That the immovable property detailed in schedule 'F' here below is allotted to the absolute share of the Respondent No. 7 namely Sri. Mahaveera. Based on the allotment made herein Sri. Mahaveera shall be entitled to mutate the schedule 'F' property exclusively in his name by seeking removal of the name of the rest of the parties herein. So also, he shall be entitled to change the Door Number of the building situated in the 'F' schedule property in his exclusive name and the rest of the parties shall not have any objection for the same. The Allotment is subject to Clause No. (xii) infra.

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vii) That the immovable property detailed in schedule 'G' here below is allotted to the absolute share of the Defendant/Respondent No. 4 namely Sri. Jeevandhara Jain. Based on the allotment made herein Sri. Jeevandhara Jain shall be entitled to mutate the schedule 'G' property exclusively in his name by seeking removal of the name of the rest of the parties herein. So also, he shall be entitled to change the Door number of the building situated in the 'G' schedule property in his exclusive name and

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the rest of the parties shall not have any objection for the same.

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viii) That the common roadway leading to the respective items of the properties allotted herein which is detailed in schedule 'H' here below is allotted to the joint share of all the parties herein. Based on the allotment made herein all shall be entitled to the schedule 'H' property exclusively.

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ix) That the immovable property detailed in schedule 'I' here below is allotted to the absolute share of the Plaintiff No. 1/Appellant No.1 namely Smt. Sumathi U. Athikari @ Sumathi. Based on the allotment made herein Smt. Sumathi U. Athikari shall be entitled to mutate the schedule 'I' property exclusively in her name by seeking removal of the name of the rest of the parties herein and the rest of the parties shall not have any objection for the same.

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x) That the immovable property detailed in schedule 'J' herebelow is allotted to the absolute share of the Plaintiff No. 2/Appellant No.2 namely Smt. Jayamma Alias Jayavathi. Based on the allotment made herein Smt. Jayamma Alias Jayavathi shall be entitled to mutate the schedule 'J' property exclusively in her name by seeking removal of the name of the rest of the parties herein and the rest of the parties shall not have any objection for the same.

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xi) That towards equalization of the share the Defendant No.4 /Respondent no. 4 Sri Jeevandhara Jain has agreed to pay a sum of Rs. 1,00,000/- each to of the Appellants No. 1 & 2. Accordingly, he has made payment of a sum of Rs. 1,00,000/to Appellant no. 1 namely Smt. Sumathi U. Athikari @ Sumathi by way of DD Dated 26/11/2024 bearing no 481488 drawn on Karnataka Bank, Karkala Branch and another sum of Rs.1,00,000/- to the Appellant no. 2 namely Smt. Jayamma alias Jayanthi by way of DD Dated 26/11/2024 bearing no 481487 drawn on Karnataka Bank, Karkala Branch. The Appellants No. 1 & 2 hereby acknowledges the receipt of the same.

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xii) The 'F' schedule property is allotted and reserved for family viniyoga. All the members of the family shall be entitled to participate in the viniyogas in the various deities situated in the family house bearing D. No. 5-103 situated in the 'F' schedule property. Sri Mahaveera or his successors in whose name said property with the family house is allotted shall not be entitled to sell said item of the property.

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xiii) The parties herein shall be entitled to enjoy the respected properties allotted to them without any obstructions from anyone. So also, the parties shall

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have absolute right of roadway to the respective properties which shall not be obstructed by others.

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xiv) The respective allottees under this compromise shall be entitled to transfer, the door number and electricity meters in respect of the properties allotted to them in their exclusive name. The authorities concerned shall be liable to transfer door number and meters in the name of the respective parties based on the compromise petition and decree of this Hon'ble court.

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In view of the above terms and conditions, which form part and parcel of the final decree drawn by the Court, it is ordered that the final decree shall stand drawn in terms of the compromise entered into between the parties.

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