RSA No.276/2006 1

IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 19/25 TH DAY OF JUNE 2014

BEFORE

THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA

RSA No.276/2006 (PAR) BETWEEN:

1. SHIVAGOUDA S/O RAMAGOUDA PATIL, SINCE DECEASED BY IS LRs

1a. SMT.GOURAWWA W/O SHIVAGOUDA PATIL, AGE: 65 YEARS, OCC: AGRICULTURE, R/O KONANKERI, TAL:, DIST: BELGAUM.

1b. RAJU S/O SHIVAGOUDA PATIL, AGE: 29 YEARS, OCC: AGRICULTURE, R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

1c. SMT.PARAVATI W/O APPASAB PATIL, AGE: 39 YEARS, OCC: H/W R/O YADDUR, TAL: , DIST: BELGAUM.

1d. SHARADA D/O SHIVAGOUDA PATIL, AGE: 35 YEARS, OCC: H/W R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

… APPELLANTS (BY SRI.SACHIN S.MAGADUM, ADV.)

AND:

KALAGOUDA S/O RAMAGOUDA PATIL, SINCE DEAD BY Legal representatives RSA No.276/2006 2

2. SMT.DUNDAWWA W/O KALAGOUDA PATIL, AGE: 49 YEARS, OCC: H/W R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

3. SMT.REKHA W/O SANJAY PUNDY, AGE: 29 YEARS, OCC: H/W, R/O JARALI, TAL: GADLINGLAJ.

4. ANIL S/O KALAGOUDA PATIL, AGE: 19 YEARS, OCC: STUDENT, R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

5. KUMARI MAHADEVI D/O KALAGOUDA PATIL, AGE: 17 YEARS, OCC: STUDENT, R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

6. BASAVARAJ S/O KALAGOUDA PATIL, AGE: 15 YEARS, OCC: STUDENT, R/O KONANKERI, TAL:HUKKERI, DIST: BELGAUM.

… RESPONDENTS (BY SRI.B.S.KAMATE, ADV. FOR C/R1, NOTICE TO R2 & R3 SERVED, R4 & R5 MINORS REP.BY R1)

THIS APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.10.2005 PASSED IN R.A.NO.13/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) HUKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.11.2000 PASSED IN O.S.NO.80/97 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) TRIAL COURT DECREED THE SUIT APPELLATE COURT ALLOWED THE APPEAL SUIT FOR PARTITION AND SEPARATE POSSESSION. RSA No.276/2006 3

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

All the parties and their respective advocates are present. Compromise petition is filed under Order 23 Rule 3 of CPC. On the basis of the compromise petition, a partition deed is written in , which is signed by the parties.

The portion of the properties allotted to the parties is forthcoming in the hand sketch map.

2. The contents of the compromise petition have been read over to the parties in Kannada language known to them and they have admitted the same. There is no legal or factual inhibition to accept the same, more particularly, when the same is out of their volition. Hence, compromise petition is accepted and registry is directed to draw final decree in accordance with the compromise petition after requisite non- judicial stamp paper is furnished by the parties to engross the same. RSA No.276/2006 4

3. The compromise petition filed under Order 23 Rule 3 of CPC shall become part and parcel of the final decree that would be drawn.

4. In view of the relationship of the parties, there is no order as to costs.

Sd/- JUDGE.

MBS/-