1 in the High Court of Karnataka Circuit Bench At

1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 26 TH DAY OF JUNE 2013 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA REGULAR FIRST APPEAL NO.3022/2010 (PAR & SEP.POSSN) BETWEEN: 1. SAVITA D/O HANAMANTH ARALIKATTI AGED 21 YRS., OCC STUDENT 2. SACHIN S/O HANAMANTH ARALIKATTI AGED 17 YRS., OCC STUDENT 3. SANJEV S/O HANAMANTH ARALIKATTI AGED 15 YRS., OCC STUDENT APPELLANTS NO 2 & 3 ARE MINORS & REP BY THEIR MINOR GUARDIAN & NEXT FRIEND THEIR NATURAL MOTHER SMT INDRAVVA W/O HANAMANTH ARALIKATTI 4. SMT INDRAVVA W/O HANAMANTH ARALIKATTI AGED 38 YRS., OCC H/W ALL ARE R/O CHINCHAKHANDI B K , 587122 TQ MUDHOL, DIST BAGALKOT, PRESENTLY R/AT BHANTANUR – 587323, TQ MUDHOL DIST BAGALKOT. ... APPELLANTS (By Sri : RAVI S BALIKAI, ADV) 2 AND 1. TAMMANNAPPA S/O NINGAPPA ARALIKATTI Age: 54 YRS, OCC AGRIL R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT 2. BHIMASEPPA S/O NINGAPPA ARALIKATTI Age: 52 YRS., OCC AGRIL R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT 3. SMT TANGEWWA W/O NINGAPPA ARALIKATTI Age: 75 YRS., OCC H/W R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT 4. SMT ANNAPURNA W/O RANGAPPA SAKREPPAGOL Age: 34 YRS., OCC H/W R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT 5. SMT RUKMINI @ RUKMINIBAI W/O BHIMAPPA ARALIKATTI Age: 50 YRS., OCC H/W R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT 6. SMT GANGABAI W/O TAMMANNAPPA ARALIKATTI Age: 51 YRS., OCC H/W R/O CHINCHAKHANDI B K - 587122 TQ MUDHOL, DIST BAGALKOT ... RESPONDENTS (By Sri : V P KULKARNI FOR R1-R6) 3 THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED:13-11-2009 PASSED IN O.S.NO.342/2000 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) JAMKHANDI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS RFA COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T In this proceedings appellants and respondents have jointly filed compromise petition under Order 23 Rule 3 of CPC, wherein agricultural land bearing Sy.No.115/1 measuring to an extent of 7 acres 10 guntas (full extent) and an extent of 1 acre in land bearing Sy.No.183 totally measuring to an extent of 15 acres 11 guntas (1 acre is shown in red colour in the sketch appended to the compromise petition, which is treated as part of compromise petition) and the road which is shown in green colour between “X and Y” line in the said sketch, is the share allotted in favour of appellants 1 to 4 in the agricultural lands. Similarly, appellants herein are also allotted a house property and open space in GPC.No.95, situated at Chinchkhandi B.K.Village, Kasaba Jambagi, Taluk 4 Mudhol, District Bagalkot. The appellants have accepted these two items of properties falling to their share in the suit schedule properties in full and final settlement of their claim over the suit schedule properties against respondents 1 to 6 herein. 2. The appellants and respondents who are present before the Court together accept that respondents 1 to 6 have put appellants 1 to 4 in exclusive possession of aforesaid two items of agricultural lands, the house property and open space, which are referred to in paragraph 3, (i) and (ii) at page 2 of the compromise petition. 3. In this proceedings in addition to allocating separate properties to appellants 1 to 4 as stated in paragraph 3, (i) and (ii) at page 2 of compromise petition, respondents 1 to 6 also have taken separate portions as allotted to the share of each of them as stated in compromise petition, which is morefully described in paragraphs 10 to 15 of compromise petition. (a) The properties referred to in paragraph 10 are 5 allotted to the share of Tammannappa, first respondent in this appeal. (b) The properties referred to in paragraph 11 are allotted to the share of Bheemappa S/o Ningappa, second respondent in this appeal. (c) The properties referred to in paragraph 12 are allotted to the share of Smt.Tangewwa/ W/o Ningappa, third respondent in this appeal. (d) The properties referred to in paragraph 13 are allotted to the share of Smt.Annapurna w/o Rangappa, fourth respondent in this appeal. (e) The properties referred to in paragraph 14 are allotted to the share of Smt.Rukmini w/o Bheemappa Ralikarri, fifth respondent in this appeal. (f) The properties referred to in paragraph 15 are allotted to the share of Smt.Gangabai w/o Tammannappa Aralikatti, who is sixth respondent in this appeal. 4. All the parties have accepted the shares allotted to each of them by affixing their signature to the compromise petition in the presence of their respective counsel. Their respective counsel also have affixed their signature to 6 compromise petition in confirmation of compromise arrived at between the parties before this Court in the presence of each of them. So far as rough sketch which is appended to compromise petition, which is in respect of portion of item No.(b) in paragraph 3, (i) is concerned, it is signed by counsel for appellants and respondents. The parties undertake that they will adhere to terms of compromise arrived at between them and also respect the rights of appellants in respect of portion of property allotted in Sy.No.183 and also right of way, which is provided to that from Chinachkhandi B.K to Metagud road, which is allotted to them. 5. With the aforesaid settlement arrived at by the parties, the judgment and decree passed in OS.No.342/2000 is replaced by compromise petition, which is in IA.No.4/2013 in this first appeal. Accordingly registry is directed to draw-up final decree in terms of compromise petition, since each of the parties have accepted that they have taken exclusive possession of properties allotted to their share. Therefore, 7 nothing survive for them to approach the Court below seeking final decree to be drawn-up and seeking possession pursuant to thereof. 6. Accordingly, this first appeal is allowed and decree passed by court below is modified in terms of compromise petition. In view of this appeal being allowed the order passed by this Court on 16.9.2011 and modified order dated 20.1.2012 has come to an end and the Receiver shall not have responsibility in any of the activities on Sy.No.115/1. He is hereby directed to deliver vacant possession of Sy.No.115/1 in Chinchakhandi B.K. village, Mudhol Taluk, Bagalkot District forthwith to appellants 1 to 4 and report the same to this Court. SD/- JUDGE nd..

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