IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE:
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA REGULAR SECOND APPEAL No.1176/2017 BETWEEN:
1. SRI HANUMANTHEGOWDA S/O KRISHNEGOWDA @ APPANNAGOWDA AGED ABOUT 66 YEARS 2. SMT.SAVITHRAMMA W/O HANUMANTHEGOWDA AGED ABOUT 61 YEARS 3. SRI H.ANAND S/O HANUMANTHEGOWDA AGED ABOUT 36 YEARS ALL ARE R/O SHANTHINAGAR 3RD CROSS, NEAR WATER TANK HASSAN DISTRICT-573201 ... APPELLANTS [BY SRI A.RAVISHANKAR, ADV.] AND:
SRI JAVAREGOWDA @ RAJU S/O LATE KRISHNEGOWDA AGED ABOUT 53 YEARS B.KATIHALLI VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201 …RESPONDENT [BY SRI VIJAYA M.N., ADV. FOR C/R.) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.04.2017 PASSED IN R.A.NO.71/2016 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.01.2016 PASSED IN O.S.NO.179/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
J U D G M E N T Though this appeal is listed for admission, learned Counsel for the respective parties submit jointly that this appeal may be disposed of in terms of the compromise arrived at between the parties.
2. This second appeal has been filed by the defendants in O.S.No.179/2012 assailing Judgment and Decree dated 27.04.2017 passed in R.A.No.71/2016 by the III Additional District & Sessions Judge at Hassan, by which, the Judgment and decree passed in O.S. No.179/2012 dated 28.01.2016 by the II Additional Senior Civil Judge & JMFC at Hassan has been confirmed.
3. Respondent-Plaintiff had filed the suit seeking the relief of partition and separate possession of half share in the suit schedule properties. The said suit was decreed in part, holding that the Plaintiff was entitled to half share in item Nos. 1 to 3 and the suit was dismissed insofar as item No.4 is concerned. Being aggrieved by the Judgment and Decree dated 28.01.2016, the Defendants in the said suit preferred R.A. No.71/2016 which has also been dismissed by the first Appellate Court. It is against the said Judgment and Decree that this second appeal has been preferred.
4. Learned Counsel for the respective parties submit that the appeal could be disposed of in terms of the compromise petition filed by the parties. They further submit that the parties are present in Court and they have identified them. The respective parties who are present in the Court submit that they have on their own volition entered into a settlement of their dispute, without there being any force or coercion from any quarter. They jointly submit that the appeal could be disposed of in terms of the compromise petition.
5. The compromise petition is taken on record.
It is noted that it is signed by the respective parties. The same reads as under:
“1. The Respondent/plaintiff filed the suit for partition of the suit schedule properties seeking half share in all the four items of suit schedule properties. The trial Court partly decreed the suit of the Plaintiff granting ½ share to the plaintiff in items 1, 2 and 3 suit schedule properties and dismissed the claim with respect to item 4 of the suit schedule. The first Appeal filed by the defendants before the III Additional District and Sessions Judge, Hassan was dismissed confirming the decree of the Trial Court.
2. As per the advice of the well-wishers, friends and guidance of the Hon’ble Court, the parties have mutually and amicably settled their dispute under the following terms and conditions:
i) The plaintiff is allotted the entire extent in item 2 suit schedule property situated at Agilegrama, Kasaba Hobli, Hassan Tq., Bearing Survey No.229 (old Survey No.171) measuring 2.20 Acres bounded by East : Property belonging to Kuppe Shetty and Thimme Shetty West : Hassan – Arkalgudu Road North: Property belonging to Kuntidevaragudda and Huchegowda South: Property belonging to H.S.Keshavamurthy.
ii) The Defendant No.1 is allotted the entire extent of land available together with structures therein in item 1 suit schedule property measuring 28 guntas in survey No.209/7 of Agile Grama, Kasaba Hobli, Hassan Taluk altogether bounded by:
East : way West: Property belonging to Ningegowda and others North: Gramathana Property South: Property belonging Chikkahari and others.
iii) The defendant No.2 Smt.Savithramma is allotted as per exhibit P-20 the following extent of land in item 3 suit schedule property:
Property situated in Erebore Kaval Village, Kasaba Hobli, Hassan Taluk bearing survey No.202 (old survey No.115) measuring 25 guntas bounded by East : Property sold to Savitramma West : Hassan – Gorur Road North : Property sold to H.Anand South : Property sold to H.Dilip iv) The defendant No.3 Sri H.Anand is allotted as per exhibit P-21 the following extent of land in item 3 suit schedule property:
Property situated in Erebore Kaval Village, Kasaba Hobli, Hassan Taluk bearing Survey No.202 (old survey No.115) measuring 35 guntas bounded by East : Property belonging to H.Anand West : Hassan – Gorur Road North : Property belonging to Pojari South : Property belonging to Smt.Savithramma v) The defendants 1, 2 and 3 are jointly allotted an extent of 20 guntas in Survey No.202 (old survey No.115) situated at Erebore Kaval Village, Kasaba Hobli, Hassan Taluk, as per exhibits P-22 in item No.3 suit property which was conveyed by Krishnegowda @ Appanna gowda infavour of Sri Dilip S/o Hanumanthegowda under the sale deed dated 12.10.2009 (P-22) which document was duly registered as document No.HSN-1-04289-2009-10 stored in CD No.HSND86 in the office of Sub-Registrar Hassan (Since Deceased) leaving behind the defendants 1 to 3 as his legal representatives bounded by:
East : Property sold to Dilip and family West : Hassan – Gorur Road North : Savitramma’s Land South : Oni vi) The 3rd defendant H.Anand is allotted item No.4 of suit schedule namely the House property situated in 3rd Cross, near water Tank, Shanthinagar, bounded by East : Property belonging to Begum West : Road North : Vacant Site South : Vacant Site vii) The parties admit that they are already put in possession of their respective allotted items of suit schedule properties. The katha of some of the items of suit schedule property stands in the name of the respective allotters mentioned herein. However, in the event of any corrections or change of katha each of the party herein has no objection for the other to get necessary mutation entry done as per the allotment of shares herein.
viii) There shall be no enquiry for mesne profits. Decree may be drawn in terms of compromise petition. The decree drawn shall be the Final decree. The parties will bear on their own the cost of litigation.”
6. Learned counsel for the respective parties submit that in respect of the properties allotted to them wherever they are not in possession, they shall be deemed to have taken possession today.
7. Submission is placed on record.
8. In the circumstances, the appeal stands disposed of in terms of the compromise as the same is lawful. The Judgment and Decree of the Courts below stand modified in terms of the compromise arrived at between the parties.
Registry is directed to draw up a final decree accordingly.
Sd/-
JUDGE AN/-