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2013 DIGILAW 1368 (KAR)

Aravindamma v. Sarojamma

2013-12-05

C.R.KUMARASWAMY

body2013
JUDGMENT 1. The appellants and their counsel are present. The respondent and her counsel is present. The compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 is filed. Execution on the compromise petition by the parties is admitted before the Court. The compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 read as under: "Under Order XXIII Rule 3 read with Section 151 of the Code of The Civil Procedure, 1908, the Appellants 1 to 3 and the Respondent herein report the following compromise: 1. On the advice of well-wishers of both the parties, appellants and respondent have amicably compromised the dispute. It is prayed that the above appeal may kindly be disposed off in terms of the following compromise: a. That in full and final settlement of all the rights and claim of the Respondent/Defendant, the Appellants have agreed that the Respondent shall be the absolute owner in possession of properties more fully mentioned in Schedule-A of this Compromise petition. The Appellants have no objection for the Respondent getting her name mutated in the Khatha and Pahani and all revenue records of the properties mentioned in A Schedule of this compromised petition. The Appellants further admit that they have no manner of right, title, interest or possession over this compromise petition A-Schedule properties. b. The respondent hereby admits that she has no manner of right, title, interest or possession over the properties, which are more fully mentioned in Schedule- B of this compromise petition. c. The Respondent admits that the Appellants shall be absolute owners in possession and enjoyment of the properties mentioned in B-Schedule to this Compromise Petition and the Respondent has no objection for the appellants getting their names mutated in the Khatha and Pahani and all revenue records of the properties mentioned in B Schedule of this compromise petition. 2. That in substitution of the judgment and decree dated:24-7-2010 passed by the Court of Senior Civil Judge at Turuvekere in O.S.No.104/2007 and the judgment and decree dated:24-9-2011 passed by the Presiding Officer, Fast Track Court at Tiptur in R.A.No.151/2010, the suit in O.S.No.104/2007 on the file of the Court of the Senior Civil Judge at Turuvekere be decreed in terms of this compromise petition. 3. Parties to bear their own costs. A-SCHEDULE (Belonging to Respondent Sarojamma) 1. 3. Parties to bear their own costs. A-SCHEDULE (Belonging to Respondent Sarojamma) 1. Land bearing Sy.No.217/1 totally measuring 6 acres 33 guntas out of which a portion measuring 0-9 ½ guntas; and 2. Land bearing Sy.No.217/2, totally measuring 2 acres 10 ½ guntas. Both these items are situated at Sampigehosahally Village, Dandinashivara Hobli, Turuvekere Taluk, Tumkur district having common boundaries namely on the East by: Government Katte West by: Remaining land in Sy.No.217/1 belonging to Appellants (plaintiffs) namely first item of B-Schedule, North by: Land of Sharadamma and Masjid Land and South by: Land of Chaluvaiah B-SCHEDULE (Belonging to Appellants Aravindamma, Prakash and Janaardhana) 1. Land bearing Sy.No.217/1 totally measuring 6 acres 33 guntas out of which a portion of 6 acres 23 ½ guntas bounded on the East by: A-Schedule properties, West by: Land of Channappa North by: Land of Sharadamma and Masjid Land and South by: Land of Munivenkataiah 2. Land bearing Sy.No.241/1 measuring 26 ½ guntas and Land bearing Sy.No.241/2 measuring 0-8 ½ guntas both situated within the common boundaries bounded on the East by: Land of Siddasetty West by: Land of Shivannaa North by: Road and South by: Land of Mohammed ghouse 3. Land bearing Sy.No.5/1 measuring 3 acres 5 guntas and Land bearing Sy.No.5/2 measuring 1 acre and 1 ½ guntas both situated within the common boundaries bounded on the East by: Land of Gavisetty West by: :Land of Ningappa North by: Land of Ganganna and South by: Land of Borappa All these items of properties are situated at Sampigehosahally village, Dandinashivara Hobli, Turuvekere Taluk, Tumkur District. Note: In A Schedule and in Item No.1 of B schedule, there is an 8 feet width road running from East-West on the Northern Side. In view of the memo, this Regular Second Appeal is disposed off in terms of the compromise petition. Registry is directed to draw the decree accordingly.