High Court of Karnataka · 2024

Judgment

1. SRI. BASAVANNEPPA S/O. SANNAFAKKIRAPPA HARIJAN @ MADAR, SINCE DEAD. REPRESENTED BY HIS LRs., 1(A). SRI. SHIVANAGGAPPA S/O. BASAVENNAPPA HARIJAN, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, YALAGACH, TAL & DIST: HAVERI-581213. 1(B). SRI. SANNAYALLAPPA S/O. BASAVENNAPPA HARIJAN, SINCE DEAD. REPRESENTED BY HIS LRs.,

SMT. MADEVAKKA W/O. SANNAYALLAPPA HARIJAN, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: AMBEDKAR ONI, HALERITTI, TAL & DIST: HAVERI-581213. 1(C). SMT. KENCHAVVA W/O. NAGAPPA KITTUR AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: HALERITTI, YALAGACH, TAL & DIST: HAVERI-581213.

2. SMT. BASAVVA BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 W/O. BASAVANNEPPA HARIJAN @ MADAR, AGED ABOUT: 59 YEARS, OCC: HOUSEHOLD WORK, R/O: HALERITTI, TQ AND DIST: HAVERI-581193. SRI. FAKKIRESH S/O. BASAVANNEPPA HARIJAN @ MADAR, AGED ABOUT: 39 YEARS, OCC: AGRICLTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193. SRI. BHARAMAPPA S/O. BASAVANNEPPA HARIJAN @ MADAR, AGED ABOUT: 37 YEARS, OCC: AGRICLTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193. SRI. DODAYALLAPPA S/O. BASAVANNEPPA HARIJAN @ MADAR, AGED ABOUT: 31 YEARS, OCC: AGRICLTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

5. (BY SRI. SUNIL S. DESAI, ADVOCATE) …APPELLANTS AND:

1. SMT. YALLAVVA W/O. GADIGEPPA MADAR @ HARIJAN, AGED ABOUT: 71 YEARS, OCC: HOUSEHOLD WORK, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

2. SMT. YALLAVVA W/O. NINGAPPA MADAR, - 3 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 AGED ABOUT: 53 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

3. SMT. MAJJURAVVA W/O. NINGAPPA MADAR, AGED ABOUT: 51 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

4. SMT. DYAMAVVA W/O. NINGAPPA MADAR, AGED ABOUT: 53 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

5. SMT. FAKKIRAVVA W/O. MALESHAPPA PUJAR, AGED ABOUT: 43 YEARS, OCC: AGRICULTURE, R/O: GUTUR VILLAGE, TQ: HARIHAR, DIST: DAVANAGERE.

6. SRI. YALLAPPA S/O. DYAMAPPA MADAR, AGED ABOUT: 41 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

7. SRI. SANNAPPA S/O. DYAMAPPA MADAR, AGED ABOUT: 43 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

8. SRI. SHANKRAPPA S/O. DYAMAPPA MADAR, - 4 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 AGED ABOUT: 38 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

9. SRI. FAKKIRESH S/O. DYAMAPPA MADAR, AGED ABOUT: 31 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

10. SRI. HONNAPPA S/O. BHIMAPP MADAR, AGED ABOUT: 33 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193.

11. SMT. NINGAVVA W/O. DYAMAPPA MADAR, AGED ABOUT: 73 YEARS, OCC: AGRICULTURE, R/O: HALERITTI, TQ AND DIST: HAVERI-581193. …RESPONDENTS (BY SRI.A.P.MURARI, ADVOCATE FOR R1; SRI.LAXMAN T. MANTAGANI, ADVOCATE FOR R3, R4, R6 TO R9 AND R11; NOTICE TO R5 HELD SUFFICIENT VIDE ORDER DATED 07.08.2023; NOTICE TO R2 AND R10 ARE SERVED) THIS REGULAR FIRST APEEAL IS FILED UNDER SEC. 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 03.09.2019 PASSED IN O.S.NO.81/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HAVERI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, T.G.SHIVASHANKARE GOWDA J., DELIVERED THE FOLLOWING: - 5 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 ORDER Heard the learned counsel Sri. Sunil S. Desai for the appellants, learned counsel Sri. A.P. Murari for respondent No.1 and Sri. Laxman T. Mantagani for respondent Nos.3, 4, 6 to 9 and 11. Learned counsel appearing for the plaintiff/respondent No.1 and defendant Nos.1(a) to (c) and defendant Nos.-2 to 5/appellants have filed the compromise petition which reads as follows: “COMPROMISE PETITION UNDER/ORDER 23 RULE 3 OF CPC In this the applicants and respondent no.1 most respectfully submits under,

1. The above appeal is filed challenging the judgment and decree dated 03/09/2019 passed by the Additional Senior Civil Judge, Haveri in O.S No. 81/2017, whereby the suit of the respondent no. 1 is decreed granting half share in suit schedule property 2 to 6 and 1/3rd in schedule 1 property along with appellants. The suit properties are as follows, zÁªÉÃzÀ ±ÉqÀÆå¯ï J C. £ÀA. 1) j.¸À.£ÀA. PÉëÃvÀæ J.UÀÄA vÀgÀA gÀÆ.¥ÉÊ UÁæªÀÄ vÁ®ÆPÀ 13/1+2+3/1 10-27 07-90 ºÀ¼ÉÃjwÛ ºÁªÉÃj 2) 02-17 01-12 ºÀ¼ÉÃjwÛ ºÁªÉÃj - 6 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 3) 03-00 01-38 ºÀ¼ÉÃjwÛ ºÁªÉÃj 4) 03-00 01-38 ºÀ¼ÉÃjwÛ ºÁªÉÃj 5) 162X3/A 03-33 02-61 ºÀ¼ÉÃjwÛ ºÁªÉÃj 6) ºÁªÉÃj f¯Áè ªÀ vÁ®ÆPÀ ºÉƸÀjwÛ UÁæªÀÄ ¥ÀAZÁAiÀÄw ªÁå¦ÛAiÀÄ°ègÀĪÀ ºÀ¼ÉÃjwÛ UÁæªÀÄzÀ J.¦.¹.£ÀA.100 £ÉÃzÀÝgÀ°ègÀĪÀ ªÀÄ£É.

2. During the pendency of the above case, the appellants, respondent no.1 and her children on the intervention and guidance of the elders of the village have agreed to settle the dispute in order to avoid further litigation and to have coordinal relation in future for the following terms: a) The appellants have agreed to give Sy No.162x3/A measuring 3 Acre 33 Gunta of Haleratti village to the respondent no.1 has her share in the schedule properties in full and final settlement of her claim. b) The respondent no.1 and her children were agreed to take Sy no. 162x3/A measuring 3 Acre 33 Gunta of Haleratti village as their share in full and final settlement and further agreed that, they have no right, title and a interest over the other suit schedule properties in whatsoever manner. The children of respondent no.1 were not parties to the proceedings, hence while accepting the terms of compromise have filed affidavit, the same may kindly be treated as part and parcel of compromise. c) The appellants in terms of the agreement have already handed over the possession of the Sy no.162x3/A measuring 3 Acre 33 Gunta of Haleratti village to the respondent no.1 and they have no objection to get enter the names of the respondent no. 1 and her children in records of rights by virtue of this compromise. d) The appellants, respondent no. 1 and their children submit that, this compromise will not come in the way of the share allotted to the other defendants/respondents. - 7 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 e) The terms and condition of the compromise have been explained to the parties and its consequences in their language known to them and the both parties have voluntarily accepted the terms and conditions of the compromise and affixed their signature without any coercion and force. Wherefore, the parties respectfully prays this Hon'ble Court may kindly be accept the compromise petition and modify the judgment and decree dated 03/09/2019 passed by Additional Senior Judge, Haveri in O.S No. 81/2017, in terms of the compromise petition.”

2. The plaintiff/respondent No.1, defendant Nos.1(a) to (c) and defendant Nos.2 to 5 are present.

3. The siblings of the plaintiff/respondent No.1 i.e. Smt.Ratanavva(daughte-in-law) w/o Basappa Bevinahalli , Sri.Yallappa s/o Gadigeppa Harijan, Sri. Parasappa, s/o of Gadigeppa Harijan, Sri.Hanmantappa s/o Gadigeppa Harijan, Sri.Aladappa s/o Gadigeppa Harijan, Sri.Sharnappa s/o Gadigeppa harijan, Smt.Hanumakka w/o Hanumantappa Bullammanavar and Smt. Nagavva w/o Dyamappa Karemmanavar are also present and file affidavits ratifying the terms of the compromise. Parties are identified by their respective learned advocates. - 8 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019

4. Learned counsel for the appellants/defendant Nos.1(a) to (c) and defendant Nos.2 to 5 files a memo stating that the settlement is between the plaintiff and defendant Nos.1 to 5 and the appellants are not pressing the appeal in respect of defendant Nos.6 to 15/respondent Nos.2 to 11.

6. The memo is placed on record. Appeal against respondent Nos.2 11/defendant Nos.6 to 15 is dismissed as not pressed.

7. The terms of the compromise is explained to the appellants/defendant Nos.1 to 5 and respondent No.1/plaintiff and the siblings of the plaintiff, who are present before the Court. The siblings of the plaintiff admit the contents of the affidavit ratifying the terms of the compromise. The respondent No.1/plaintiff admits and agrees to take land in Sy.No.162x3/A measuring 3 acres 33 guntas of Haleritti village towards her share as full and final settlement of her claim in the suit. The plaintiff, her - 9 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 siblings i.e., daughter-in-law, sons and daughters also submit that they have already taken possession of the said land from defendant Nos.1 to 5. Defendant Nos.1 to 5 have no objection for the plaintiff and her siblings to get the khata changed to their names in view of the possession being already delivered to them.

8. In view of the admission made by both the parties, the compromise appears to be genuine and no coercion or force is forthcoming. Hence, the compromise petition is accepted.

9. The appeal is disposed in terms of the compromise petition.

10. The judgment and decree dated 03.09.2019 passed by the learned Additional Senior Civil Judge, Haveri, in O.S. No.81/2017 stands modified in terms of the compromise petition. - 10 - NC: 2024:KHC-D:8209-DB RFA No. 100530 of 2019 Office shall draw the decree in terms of the compromise petition. Sd/- JUDGE Sd/- JUDGE ct:vh