-1 ----------------------------------- Decree of Appellate Court (O-41, R.35 CPC) H.C No. 32A ----------------------------------- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH PRESENT THE HON’BLE MR. JUSTICE K. NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL R REEG GU ULLA AR R FFIIR RSSTT A APPPPEEA ALL N NO O..220000003344 O OFF 22001166 ((PPA AR R//PPO OSS)) BETWEEN: 1. MAHADEVAPPA S/O KUSHAPPA MULAGE, SINCE DECEASED BY A) SANJUKUMAR S/O LATE MAHADEVAPPA MULAGE, AGE: 38 YEARS, OCC: ENGINEER, B) ASHOK KUMAR S/O LATE MAHADEVAPPA MULAGE, AGE: 36 YEARS, OCC: ENGINEER, C) NARENDRA KUMAR S/O LATE MAHADEVAPPA MULAGE, AGE: 33 YEARS, OCC: ENGINEER, D) SHIVALEELA D/O LATE MAHADEVAPPA MULAGE AGE: 30 YEARS, OCC: HOUSEHOLD, ALL R/O NARONA, TQ. ALAND, DIST. KALABURAGI RFA NO.200034/2016 -2 NOW AT”SHIVA NIVAS” BHAVANI NAGAR, KALABURAGI DIST. KALABURAGI. (CAUSE TITLE AMENDED AS PER THE ORDER OF THE HON'BLE COURT DATED 25.04.2025) 2. JAGADEVI W/O MAHADEVAPPA MULAGE, AGED ABOUT 46 YEARS, OCC:HOUSEHOLD/AGRICULTURE, R/O NARONA, TQ: ALAND, NOW AT "SHIVA NIVAS" BHAVANI NAGAR, ALAND ROAD, KALABURAGI. …APPELLANTS AND: 1. VIJAYALAXMI W/O MEGHARAJ HATTE, AGED ABOUT 35 YEARS, OCC: AGRICULTURE & HOUSEHOLD R/O: MARAGUTTI TQ & DIST: KALABURAGI-585101. 2. KALAWATHI W/O MAHADEVAPPA MULAGE, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/O NARONA, TQ: ALAND DIST: KALABURAGI NOW AT YELLADGUNDI, TQ. BASAVAKALYAN, DIST. BIDAR-585401. …RESPONDENTS THIS REGULAR FIRST APPEAL PREFERRED AGAINST THE JUDGMENT AND DECREE OF THE COURT OF THE SENIOR CIVIL JUDGE AT RFA NO.200034/2016 -3 ALAND IN O.S. NO.08 OF 2008 ON ITS FILE DATED 21ST DAY OF MARCH, 2016 COMING ON FOR ORDERS ON 10TH DAY OF MARCH, 2025 AND VIDE COURT ORDER DATED 25.04.2025 IN THE PRESENCE OF SRI. S.B. HANGARKI ADVOCATE FOR APPELLANTS AND SRI. SHIVAKUMAR KALLOOR ADVOCATE FOR THE RESPONDENT NO. 1 & 2. And for the reasons stated in the judgment, it is ordered and decreed that, this Regular First Appeal filed by the appellants be and the same is hereby disposed of in terms of compromise petition which is duly filed, signed by the parties and their respective counsels which reads as here under. Due to intervention of the well-wishers the parties have amicably settled their dispute and the terms of compromise are as follows:- 1. That suit in O.S. No.8/2008 was filed by the petitioners No.1 & 2 against the respondents in Senior Civil Judge Court, Aland for partition and separate possession in respect of the following properties. I. Land bearing Sy.No.55 hissa No.2 measuring 14 acres, RA of Rs. 25-48 paise. II. Land bearing Sy.No. 239 measuring 07 acres 22 guntas, RA of Rs.15-00. RFA NO.200034/2016 -4 III. A house at Village Narona, bearing panchayat No.10-93. All situated at village Narona, Tq. Aland, Dist. Kalaburagi. IV. A dwelling house property with shops situated at Bhavani Nagar, Aland Road Gulbarga and named as “Shiva Nivas”. Henceforth, these items I to IV are called "Suit Properties”. 1. That suit in O.S. No.8/2008 was decreed on 31-03-2016 and preliminary decree was passed declaring only petitioner No.1 Vijayalaxmi w/o, Megharaj Hatte to be entitled to 50 percent share in the above mentioned item No.I to III of the suit properties. However, aggrieved by the said preliminary decree the respondents have filed appeal before the Hon’ble High Court of Karnataka which is still pending. 2. That the petitioner No.1 Vijayalaxmi Hatte has got one son and three daughters i.e, Hanamantrao s/o Megharaj Hatte age 28 years, Mamata W/o Dattatraya age 25 years, Pushpavati D/o Megharaj Hatte age 22 years, and Eswari D/o Megharaj Hatte age 20 years and they have been named in this compromise petition as consenting parties herein bellow of this petition. RFA NO.200034/2016 -5 3. Now in terms of this compromise petition it is admitted by petititoner No.1 Vijayalaxmi, petitioner No.2 Kalawathi, and children of petitioner No.1 that, the respondent No.2 Jagadevi is the second wife of the Deceased Respondent No.1 Mahadevappa Mulage, and out of the said wedlock they have three sons and one daughter i.e, Sanjeev Kumar, Ashok Kumar, Narendra Kumar and Shivaleela who all are now respondents No.1 (a) to (d) respectively. 4. That item No.III and IV of the suit properties are not accurately described in the original Plaint schedule. All petitioners and respondents agree that the accurate description of item No.III of the suit property is “A House at village Narona, bearing panchayat No.10-93/2” and accurate description of item No.IV of the suit property is “ Plot No.142 in Sy. No.96 of Shaik Roza, Kalaburagi and bearing Kalaburagi city corporation house No.9- 587/96/142 (Now divided into house No.9-587/96/142, 9- 587/96/142/A, and 19-6-683-147/B (Old No.9-587/96/142/B), situated in Shivalinga nagar, Shaik Roza, Aland Road, Kalaburagi”. RFA NO.200034/2016 -6 5. In terms of this compromise, the petitioner No.1 Vijayalaxmi, petitioner No.2 Kalawathi, and children of petitioner No.1 have agreed to accept a sum of Rs.28,00,000/- (Rs. Twenty Eight Lakhs) from the respondents as full and final settlement in lieu of their possible share/claim in the above mentioned item No.I to IV of the suit properties and as a maintenance of petitioner No.2 Kalawathi for her lifetime. 6. In view of this settlement hence forth the petitioner No.1 Vijayalaxmi Hatte or petitioner No.2 Kalawathi Mulage or children of the petitioner No.1 or anybody claiming through them will have no claim of any sort, either as maintenance or whatsoever against the respondents No.1(a) to (d) & respondent No.2 or against item No.I to IV of the suit properties mentioned above. 7. That as per the settlement, today in the open court the petitioner No.1 Vijayalaxmi W/o Megharaj Hatte, along with and on behalf of her children and petitioner No.2, has received a sum of Rs.28,00,000/- (Rs. Twenty Eight Lakhs Only) by way of following Bank Demand Drafts/Manager’s Cheques: RFA NO.200034/2016 -7 1. Bearing No.040543 drawn on HDFC Bank, Dated 29/07/2024 for Rs.18,00,000/- (Eighteen Lakhs Rupees Only) 2. Bearing No.078267, drawn on Axis Bank, dated 29/07/2024 for Rs.10,00,000/- (Ten Lakhs Rupees Only) This amount is arranged and paid only by the respondent 1 (b) Ashok Kumar and 1(c) Narendra Kumar. 8. As per this settlement, the respondent No.2 Jagadevi does not intend to take any share in the suit properties and she wilfully give up her right, if any, in all-suit properties towards her children born out of wedlock with respondent No.1 Mahadevappa i.e, respondents No.1 (a) to (d). However, during her lifetime, she has right to stay/get income from the portions of the suit property item No.IV (details provided in the subsequent paragraphs) towards her maintenance. 9. As per this settlement, today onwards the respondent No.1(a) Sanjeev Kumar, respondent No.1 (b) Ashok Kumar, respondent No.1(c) Narendra Kumar, and respondent No.1 (d) Shivaleela shall be the equal share holders and the absolute joint owners in possession of the suit properties item No.I to III in its full extent. RFA NO.200034/2016 -8 10. The suit property item No.IV which is a dwelling house with rooms on plot No.142, in Sy.No.96 of Shaik Roza, Aland Road, Kalaburagi, bearing Kalaburagi city corporation house No.9- 587/96/142 (original No., before gifting), the father of petitioner No.1 and respondents No.1 (a) to (d) i.e, Mahadevappa, during his lifetime being the absolute owner of the same, had executed a registered gift deed in favour of respondent No.1(b) Ashok Kumar, gifting him a portion of the house situated in suit property item No.IV, vide document No.5747/2020-21 dated 18.09.2020 at sub registrar office Kalaburagi. The said portion of the house is given the Kalaburagi city corporation house No. as 19-6-683-147/B (Old No.9-587/96/142/B). Hence respondent No.1(b) Ashok Kumar continues to be the sole owner and possessor of this gifted property, bearing Kalaburagi city corporation house No. as 19-6-683-147/B (Old No.9- 587/96/142/B), and petitioners and respondents 1(a) Sanjeev kumar, 1(c) Narendra Kumar, and 1(d) Shivaleela will have no share/claim whatsoever except for the right reserved with respondent No.2 Jagadevi to receive the rent/income if any arising out of the two existing rooms facing main road, during her lifetime. RFA NO.200034/2016 -9 11. Similarly, the father ( Mahadevappa) during his lifetime had also executed a registered gift deed in favour of respondent No.1(c) Narendra Kumar gifting him a portion of the house situated in suit property item No.IV, vide document No.5752/2020-21 dated 18-09-2020 at sub registrar office, Kalaburagi. The gifted portion of the house is given the Kalaburagi city corporation house No.as 9-587/96/142/A. Hence, the respondent No.1(c) Narendra Kumar continues to be the sole owner and possessor of this gifted property, bearing Kalaburagi city corporation house No.as 9-587/96/142/A, and petitioners and respondents 1(a) Sanjeev Kumar, 1(b) Ashok Kumar, and 1(d) Shivaleela will have no share/claim whatsoever except for the right reserved with respondent No.2 Jagadevi to receive the rent/income if any arising out of the two existing rooms facing main road, during her lifetime. 12. The father (Mahadevappa) had retained with him the remaining portion (after gifting to respondents No.1(b) and 1(c) of the suit property item No.IV, house property, which still bears the Kalaburagi city corporation original house No.as 9-587/96/142 (and the gifted portions have been given new house Numbers). The remaining portion of the house retained in the name of RFA NO.200034/2016 -10 Mahadevappa bearing Kalaburagi city corporation house No.9- 587/96/142; the respondents No.1(a) to (d) shall have equal right and share therein. While respondent No.2 Jagadevi shall have the right to reside/stay, along with respondents No.1(a) to (d), in the said portion of the house retained in the name of Mahadevappa bearing Kalaburagi city corporation house No.9- 587/96/142, during her lifetime. 13. That the respondents No.1(a) to (d) are entitled to jointly get their names entered in ROR, panchayat records and all the revenue records, official record etc., by producing the copy of this compromise decree before the revenue authorities, the panchayat authorities and all other authorities wherever necessary, as absolute joint owners for the suit properties item No. I to III and the portion of the suit property item No.IV which is still in the name of respondent No.1 Mahadevappa. 14. That the petitioner No.1 Vijayalaxmi and her children and petitioner No.2 Kalawathi, hereby undertake not to make any claim against respondents No.1(a) to (d) and respondent No.2 of maintenance, share or any claim or right etc. in the above- mentioned suit properties item No.I to IV and petitioner No.1 Vijayalaxmi, her children and petitioner No.2 Kalawathi RFA NO.200034/2016 -11 undertake not to interfere in the possession and enjoyment of the respondents No.1(a) to (d) and respondent No.2 Jagadevi over the suit properties. 15. That the certified copy of this compromise petition will be produced in the High Court of Karnataka by the advocates for petitioners and respondents and get the consent of the High Court to Draw final decree by this court, as interim order has been passed in the appeal by the Hon’ble High Court of Karnataka not to draw final decree. 16. That the respondent No.1(a) Sanjeev kumar S/o Mahadevappa Siragapur (Mulage) is in foreign country and not able to attend the court today, but his name has been mentioned in the Compromise petition as equal beneficiary along with respondents No.1(b) to (d) in the suit properties item No.I to III and portion of the suit property item No.IV which is still in the name of respondent No.1 Mahadevappa. The petitioners have filed a memo of not pressing the FDP as against respondent No.1(a) Sanjeev Kumar s/o Mahadevappa Siragapur (Mulage). 17. In view of compromise the parties have agreed to bear their own cost. (Copy of the Compromise petition is enclosed herewith) RFA NO.200034/2016 -12 And it is ordered and decreed that, the judgment and decree is modified accordingly. And it is ordered and decreed that, the Trail Court is directed to accept the same and disposed of the Final Decree proceedings. And it is further ordered and decreed that, there shall be no order as to costs in this appeal. Given under my hand and the seal of this Court, this the 10TH DAY OF MARCH, 2025, AND VIDE COURT ORDER DATED: 25.04.2025. Sd/- ASSISTANT REGISTRAR SSU UIITT PPR RO OPPEER RTTYY ((IIN N O O..SS..N Noo..0088//22000088)) 11.. LLaanndd bbeeaarriinngg SSyy..NNoo..5555 HHiissssaa NNoo..22 m meeaassuurriinngg 1144 aaccrreess,, RRaa ooff RRss..2255 -- 4488 ppaaiissee.. 22.. LLaanndd bbeeaarriinngg SSyy..NNoo..223399 HHiissssaa NNoo.. m meeaassuurriinngg 77 aaccrreess 2222 gguunnttaass,, RRAA ooff RRss..1155--0000 ppaaiissee.. 33.. AA hhoouussee aatt vviillllaaggee NNaarroonnaa bbeeaarriinngg NNoo..1100--9933.. AAllll ssiittuuaatteedd aatt vviillllaaggee NNaarroonnaa,, TTaalluukkaa,, AAllaanndd.. 44.. AA ddw weelllliinngg hhoouussee pprrooppeerrttyy w wiitthh sshhooppss ssiittuuaatteedd bbaatt BBhhaavvaannii NNaaggaarr,, AAllaanndd rrooaadd,, G Guullbbaarrggaa aanndd nnaam meedd aass ""SShhiivvaa NNiivvaass"".. SSdd//-- ASSISTANT REGISTRAR T By : SB R By : AUS C By : NHD RFA NO.200034/2016 -13 RFA NO.200034/2016 -14 RFA NO.200034/2016 -15 RFA NO.200034/2016 -16 RFA NO.200034/2016 -17 RFA NO.200034/2016 -18