IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 15 TH DAY OF JULY 2015

BEFORE

THE HON’BLE MRS. JUSTICE S.SUJATHA

RSA No.5098/2013 C/W RSA No.5097/2013

IN RSA No.5098/2013

BETWEEN:

1. SMT.AKKAWWA W/O. RAYAGOUDA PATIL, AGE:51 YEARS, OCC:AGRICULTURE AND HOUSEHOLD WORK, R/O. KHANADAL-591235, TAL:, DIST:.

2. SHRI.SURESH RAYAGOUDA PATIL, AGE: 30 YEARS, OCC:AGRICULTURE, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

3. SHRI.RAMESH RAYAGOUDA PATIL, AGE: 28 YEARS, OCC:AGRICULTURE, R/O. KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM.

4. SHRI.RACHAGOUDA RAYAGOUDA PATIL, AGE: 26 YEARS, OCC:AGRICULTURE AND HOUSEHOLD WORK, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

.. APPELLANTS (BY SRI.G.B.NAIK & SMT.P.G.NAIK, ADVS.)

AND:

1. SMT.MURGEWWA W/O. RACHAGOUDA PATIL, AGE:80 YEARS, OCC:HOUSEHOLD WORK, 2

R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

2. SMT.NEELAWWA @ MAHADEVI W/O. MAHADEV KORE. AGE:35 YEARS, OCC:HOUSEHOLD WORK, R/O.HALLUR-591312, TAL:, DIST:BELGAUM

3. SMT.BALAWWA @ SHANTAWWA W/O. SHANKAR GUBACHANNAVAR, AGE:43 YEARS, OCC:HOUSEHOLD WORK, R/O. -591220, TAL:RAIBAG, DIST:BELGAUM

4. SMT.SUREKHA W/O. RAJENDRA PATIL, AGE:33 YEARS, OCC:AGRICULTURE, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

5. KUMARI LAXMI D/O. RAJENDRA PATIL, AGE:15 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.4 SMT. SUREKHA W/O. REJENDRA PATIL,

6. KUMARI ASHWINI D/O.RAJENDRA PATIL, AGE:13 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.4 SMT. SUREKHA W/O. RAJENDRA PATIL,

7. KUMARI AKSHATA D/O. RAJENDRA PATIL, AGE:11 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.4 SMT. SUREKHA W/O.RAJENDRA PATIL,

8. KUMARI KIRTI D/O. RAJENDRA PATIL, AGE:9 YEARS, OCC:AGRICULTURE, R/O.KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM, 3

SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.4 SMT. SUREKHA W/O. RAJENDRA PATIL,

9. SHRI. GIRIGOUDA RACHGOUDA PATIL, AGE:38 YEARS, OCC:AGRICULTURE, R/O.KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM,

…RESPONDENTS (BY SRI.M.G., ADV. FOR R4 TO R9, SRI.SIDDALING C.BHUTI, ADV. FOR R1 TO R3, R5-R8 ARE MINORS REP.BY R4)

THIS APPEAL IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 06.09.2012 PASSED IN R.A.NO.11/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED 18.04.2007 AND THE DECREE PASSED IN O.S.NO.214/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) RAIBAG, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

IN RSA NO.5097/2013 BETWEEN:

1. SHRI.SURESH RAYAGOUDA PATIL, AGE:30 YEARS, OCC:AGRICULTURE, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

2. SHRI.RAMESH RAYAGOUDA PATIL, AGE: 28 YEARS, OCC:AGRICULTURE, R/O. KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM. 4

3. SHRI.RACHAGOUDA RAYAGOUDA PATIL, AGE: 26 YEARS, OCC:AGRICULTURE, R/O. KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM.

4. SMT.AKKAWWA W/O. RAYAGOUDA PATIL, AGE: 51 YEARS, OCC:AGRICULTURE AND HOUSEHOLD WORK, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

…APPELLANTS (BY SRI.G.B.NAIK & SMT.P.G.NAIK, ADVS.)

AND:

1. SHRI.GIRIGOUDA RAYAGOUDA PATIL, AGE:38 YEARS, OCC:AGRICULTURE, R/O. KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM.

2. SMT.SUREKHA W/O. RAJENDRA PATIL, AGE:33 YEARS, OCC:AGRICULTURE, R/O.KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM

3. KUMARI LAXMI D/O. RAJENDRA PATIL, AGE:15 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.2 SMT. SUREKHA RAJENDRA PATIL,

4. KUMARI ASHWINI D/O. RAJENDRA PATIL, AGE:13 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.2 SMT. SUREKHA RAJENDRA PATIL,

5. KUMARI AKSHATA D/O. RAJENDRA PATIL, AGE:11 YEARS, OCC:AGRICULTURE, R/O.KHANADAL- 591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY 5

M/G. RESPONDENT NO.2 SMT. SUREKHA RAJENDRA PATIL,

6. KUMARI KIRTI D/O. RAJENDRA PATIL, AGE:9 YRS, OCC:AGRICULTURE, R/O.KHANADAL-591235, TAL:RAIBAG, DIST:BELGAUM, SINCE MINOR REPRESENTED BY M/G. RESPONDENT NO.2 SMT. SUREKHA RAJENDRA PATIL,

…RESPONDENTS (BY SRI.M.G.NAGANUR, ADV. FOR R1 AND R2, R3 –R6 ARE MINORS REP.BY R2)

THIS APPEAL IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 11.09.2012 PASSED IN R.A.NO.48/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, ALLOWING THE APPEAL, FILED AGAINST THE JUDGMENT DATED 05.06.2006 AND THE DECREE PASSED IN O.S.NO.286/2004 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, RAIBAG, DECREEING THE SUIT FILED FOR DECLARATION AND INJUNCTION.

THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The appellants and respondents have filed the compromise petition under Order 23 Rule 3 of CPC, to accept the compromise in terms of the compromise petition. 6

2. The parties are present before the Court who have affixed their signatures to the compromise petition, identified by their learned counsels. Respondent Nos.3 to 6 in RSA No.5097/2013 and respondent Nos.5 to 6 in RSA

No.5098/2013 are minor children, represented by their mother and minor guardian Smt.Surekha who is respondent No.2 and 4 respectively in both the appeals. It is made clear that out of the amount of Rs.4,00,000/- now received by the minor guardian Smt.Surekha, a sum of

Rs.1,00,000/- each shall be deposited in the name of the minor children, in any nationalized bank, till the minor child attains the age of majority and the undivided share allotted to the minor children shall not be alienated by the minor guardian Smt.Surekha until the respective child attains the age of majority.

3. The said compromise petition is taken on record and these appeals stand disposed of, modifying the

judgment and decree of the Courts below in terms of the compromise petition filed by the parties. 7

4. Office is directed to draw the decree in terms of the said compromise petition, which is part and parcel of this judgment.

Accordingly, both the appeals are disposed of.

Sd/- JUDGE MBS/-