Mariyappa Vs Shivarama @ Shivaramegowda

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.1.2010 PASSED IN R.A.NO.20/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DVN), KUNIGAL, ALLOWING THE APPEAL & SETTING ASIDE THE JUDGMENT AND DECREE DATED 9.02.2009 PASSED IN O.S.NO.240/02 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR. DN.), KUNIGAL.

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NC: 2026:KHC:22141 RSA No. 879 of 2010

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HC-KAR

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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The memorandum of settlement entered into between the appellant and the respondent under Section 89 of CPC read with Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005 has been received by this Court, which is duly signed by the appellant and the respondent. The terms of the settlement is extracted as below:

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" I. The Appellant/plaintiff being aggrieved by the judgment and decree passed in R.A.No.20/2009 dated 16.01.2010 by Civil Judge (Sr Dvn) at Kunigal, by allowing the appeal filed by the respondent by setting aside the judgment and decree in O.S No. 240/2002 dated 09.02.2009 Civil Judge (Jr Dvn) at Kunigal.

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II. The Appellant/plaintiff has filed a suit for declaration and injunction in O.S.No.240/2022 on the file of civil judge Junior division at Kunigal, contending that is absolute owner in lawful possession in respect of item no. 1 to 4 of the suit schedule property. The said suit came to be decreed by the judgment and decree dated 09.02.2009. being aggrieved by the judgment and decree the respondent herein as preferred appeal in R.A.No.20/2009. The senior civil judge was pleased

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3 - NC: 2026:KHC:22141 RSA No. 879 of 2010

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HC-KAR

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to allow the appeal and dismissed the suit of plaintiff/appellant.

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III. Being aggrieved by the judgment and decree passed in R. A.No.20/2009, the appellant has preferred this appeal.

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IV. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the contested parties along with their respective counsel were present, identified each other and they admit that the dispute is settled among themselves as follows:

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1. The Appellant/Plaintiff has filed a suit for declaration injunction against the Respondent herein in respect of four items of land which are morefully described in the schedule of the plaint. The dispute between the plaintiff and defendant pertains to item no.4 of the suit schedule property which measures 1 acre of 5 guntas of land.

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2. The Appellant has agreed to relinquish all his right, title, interest over 08 guntas of land in survey no.75/1 which is morefully described as schedule B of this agreement. The Schedule Property in Item No.4 property in favour of the Respondent herein and he is at liberty to transfer katha and other revenue records in his name by exercising all right of ownership in respect of Schedule Property.

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3. The appellant has retained 0.37 guntas of land in survey no.75/1 which is more fully described as schedule A of this agreement. The appellant is the absolute owner in lawful possession of 0.37 guntas in respect of schedule A property, the appellant is entitle to transfer khata and revenue records in his name on the basis of this agreement.

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4. The respondent admits that the appellant is absolute owner in lawful possession in respect of item no. 1 to 3 of the suit schedule property and he has no right, title over the same.

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4 - NC: 2026:KHC:22141 RSA No. 879 of 2010

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HC-KAR

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5. Both the parties undertake that either of the parties do not interfere in the peaceful possession and enjoyment of the party's respective property.

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6. Both the parties state that they have no claims of whatsoever nature against each other in future.

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7. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner.

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SCHEDULE PROPERTY-A

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Land bearing survey No.75/1 measuring 0.37 guntas situated at Manthya Village, Yediyur Hobli, Kunnigal Taluk, bounded on:

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East by: Land of Girigowda,

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West by: Land of Kariyamma,

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North by: property of Shivaram @ Shivaramegowda

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South by: property of Mariyappa/appellant

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SCHEDULE PROPERTY - B

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Land bearing survey No.75/1 measuring 8 guntas bounded on:

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East by: Land of Girigowda,

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West by: Land of Kariyamma,

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North by: property of the respondent/ Shivaram @ Shivaramegowda

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South by: property of Mariyappa/appellant

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V. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders, in terms of the aforesaid agreement.

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VI. In view of the aforesaid agreement, the appellant pray for refund of the court fee.

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NC: 2026:KHC:22141 RSA No. 879 of 2010

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HC-KAR

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VII. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement. "

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The said memorandum of settlement is taken on record.

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Sri. Mariyappa - petitioner and Sri. Shivarama - respondent are present before this Court and duly identified by their respective learned counsel. When a query was made by this Court, the parties submit that they have entered into compromise before the Mediation

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without coercion or any undue influence.

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The Regular Second Appeal stands disposed of

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in terms of the memorandum of settlement.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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PHM List No.: 1 Sl No.: 12

Mariyappa v. Shivarama @ Shivaramegowda

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Mariyappa v. Shivarama @ Shivaramegowda

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