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2017 DIGILAW 171 (KAR)

BYRANAIKA S/O LATE BYRANAIKA v. GOVINDANAIKA S/O THIMMAMMA

2017-01-31

B.VEERAPPA

body2017
JUDGMENT : 1. The present appeal is by the defendants, challenging the Judgment dated 06.11.2015 made in R.A. No. 105/2015 on the file of the V Additional District and Sessions Judge, Mysuru, confirming the Judgment and decree dated 23.03.2015 made in O.S. No. 46/2012 on the file of the Senior Civil Judge and JMFC, Nanjangud, decreeing the suit holding that the plaintiffs-respondents herein jointly entitled for half share in the suit item No. 1 to 3. However, the suit of the plaintiffs in respect of suit item No. 4 came to be dismissed. 2. Today, the appeal is listed for reporting settlement. Learned counsel for the parties has filed a compromise petition (IA-1/2017), under Order XXIII Rule-3 of the Code of Civil Procedure signed by both the parties and their respective counsel, which reads as under: “Both appellants and respondents respectfully submits this Hon’ble Court as under: 1. The above appeal is filed against the judgment and decree passed by the learned Senior Civil Judge, Nanjangud in O.S. No. 46/2012 dated 23.03.2015, which is confirmed by the learned 5th Additional District and Sessions Judge, Mysuru in RA. No. 105/2015 dated 06.11.2015. 2. During the pendency of the above appeal before this Hon’ble Court as per the advise and intervention of well-wishers and elders of the village, both the parties are settled their dispute, out of court. 3. In view of the settlement arrived between the parties both the parties Plaintiffs and Defendants have agreed to divide the suit schedule properties as under: (i) The properties fallen jointly to the share of plaintiffs in OS/Respondents in RSA: (a) The wet land situated at Ibjala village, Hullahalli Hobli, Nanjangud taluk, bearing Sy. No. 163/2 to an extent 29 guntas out of 1 acre 18 guntas (towards Southern side of the suit schedule item No. 2) bounded by. East by Kambanaika land West by Canal North by Byranaika and Venkata naika land (defendants) South by Govinda Naika, Kempalamma, Nanjundegowda land (b) The dry land situated at Muddahalli village, Heggada Devanakote taluk, bearing Sy. No. 163/2 to an extent 29 guntas out of 1 acre 18 guntas (towards Southern side of the suit schedule item No. 2) bounded by. East by Kambanaika land West by Canal North by Byranaika and Venkata naika land (defendants) South by Govinda Naika, Kempalamma, Nanjundegowda land (b) The dry land situated at Muddahalli village, Heggada Devanakote taluk, bearing Sy. No. 65/2 to an extent of 1 acres 04 guntas out of 2 acre 08 guntas (towards northern side of suit schedule item No. 3) bounded by: East by Devaiah land West by Road North by Govindanaika land South by Byranaika land (defendants) (ii) The properties fallen jointly to the share of Defendants in OS/Appellants in RSA: (a) All the part and parcel of land bearing Sy. No. 83/2, to an extent of 25 ½ guntas situated at Ibjala Village, Hullahalli hobli, Nanjangud taluk (entire item No. 1 of suit schedule property) (b) The wet land situated at Ibjala village, Hullahalli Hobli, Nanjangud taluk, bearing Sy. No. 163/2 to an extent 29 guntas out of 1 acre 18 guntas (Northern side of suit schedule item No. 2) bounded by: East by Kambanaika land West by Canal North by Thimmamma land South by Govinda Naika land (Plaintiff) (c) The dry land situated at Muddahalli village, Heggada Devanakote taluk, bearing Sy. No. 65/2 to an extent 1 acre 04 guntas out of 2 acre 08 guntas (towards southern side of suit schedule item No. 3) bounded by: East by Devaiah land West by Road North by Govindanaika land (plaintiff) South by Govinda Naika (d) All the part and parcel of the house property bearing Assessment No. 151/3C situated at Ibjala village, Nanjangud Taluk (entire suit schedule item No. 4 property) 4. Both the parties to the litigation have agreed to divide all the suit schedule properties as above and there are no any other claim whatsoever against each other. 5. It is agreed that the defendants/appellant shall hand over the plaintiffs share of the properties immediately by demarcating the property as per above schedule, and both the parties shall enjoy their respective share of properties as absolute owners, and both the parties are entitled to get change the revenue records in their respective names and pay the tax to the competent authorities in respect of their share. 6. 6. Both the parties have the right to enjoy property fallen to their respective share and either of the parties have no rights to claims over the property allotted to the share other party. 7. The contents of this compromise petition read over to the parties and explained to them in Kannada language by their counsel and after understanding the contents parties have affixed their signatures. In terms of the above settlement both the parties have agreed to put an end to their litigation and in view of the settlement both the parties respectfully prays this Hon’ble Court be pleased to modify the judgment and decree passed by the learned Senior Civil Judge, Nanjangud in OS. No. 46/2012 dated 23.03.2015, which is confirmed by the learned 5th Additional District and Sessions Judge, Mysuru in R.A. No. 105/2015 dated 06.11.2015, and draw the final decree in terms of the settlement, in the interest of justice and equity.” 3. As per the terms of the compromise petition entered into between the parties, the Plaintiffs-respondents herein have agreed for allotment of two items of properties to their shares viz. (i) 0-29 guntas of wet land (southern side), out of 01 acre 18 guntas comprised in Sy. No. 163/2 of Ibjala village, Hullahalli Hobli of Nanjangud taluk, which has been described as suit item No. 2 (ii) 01 acre 04 guntas of dry land, out of 02 acres 08 guntas (Northern side) , comprised in Sy. No. 65/2 of Muddahalli village, H.D. Kote taluk, which has been described as suit item No. 3. Whereas, the defendants-appellants herein have agreed for allotment four (04) items of properties viz., (i) entire 0-25 ½ guntas of land comprised in Sy. No. 83/2 of Ibjala village, Hullahalli hobli of Nanjangud taluk which has been described as suit item No. 1, (ii) 0-29 guntas of wet land (Northern side) out of 01 acre 18 guntas comprised in Sy. No. 163/2 of Ibjala village, Hullahalli Hobli of Nanjangud taluk, which has been described as suit item No. 2, (iii) 01 acre 04 guntas of dry land, out of 02 acres 08 guntas (Sorthern side), comprised in Sy. No. 65/2 of Muddahalli village, H.D. Kote taluk, which has been described as suit item No. 3 and (iv) entire suit schedule item No. 4 house property viz., the property bearing Assessment No. 151/3C situated at Ibjala village, Nanjangud taluk. 4. No. 65/2 of Muddahalli village, H.D. Kote taluk, which has been described as suit item No. 3 and (iv) entire suit schedule item No. 4 house property viz., the property bearing Assessment No. 151/3C situated at Ibjala village, Nanjangud taluk. 4. Both the appellants (defendants) and respondents (plaintiffs) with their respective counsel are present before the Court. On an enquiry, both the parties admitted the terms of compromise petition and stated that they voluntarily agreed for the same, without any force or coercion. 5. In view of the amicable settlement arrived at between the parties, IA-1/2017 is allowed. Consequently, this Regular Second Appeal stands disposed of in terms of the compromise petition stated supra. Both the parties shall get the katha registered in their names, in respect of the properties that had fallen to their shares. Office is directed to draw the decree, in terms of the compromise petition. In view of the disposal of the appeal, IA No. 1/2016 for stay does not survive for consideration. Accordingly, the same shall stands disposed of.