Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1844-DB RFA No. 246 of 2005 C/w. RFA No. 414 of 2005
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 246 OF 2005 (PAR) C/W.
REGULAR FIRST APPEAL NO. 414 OF 2005 (PAR)
IN RFA.NO.246/2005 :
BETWEEN:
1. PRABHAVATI W/O. SUBHASH PATIL, AGE : 45 YEARS, OCC : HOUSEHOLD WORK, R/O MANGASULI, TAL : ATHANI, DIST : BELGAUM. SINCE DECEASED, REPRESENTED BY HER LRS. APPELLANTS NO.1, 2, 3 & 5 IN RFA NO.414/2005. 1A) SMT. VATSALA W/O. VISHWAS PATIL, AGE : 78 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGASULI, TAL: ATHANI. 1B) SRI. ASHOK VISHWAS PATIL, AGED 54 YEARS, OCC: AGRIL, R/O: MANGASULI, TAL: ATHANI. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.02.05 12:52:01 +0530
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1C) SMT. SUMAN @ GODA W/O. SHIVAJI RAO, @ BABASAHEB PATIL, AGED 54 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKKURDE, TAL: WALVA, DIST: SANGLI. 1D) SMT. SUSHEELA W/O. VASANTRAO PATIL, AGED ABOUT 54 YEARS. R/O: BORGAON (BAHE) TALUKA: WALWA, DIST: SANGLI. …APPELLANTS
(BY SRI. CHETAN MUNNOLI FOR SRI. G. BALAKRISHNA SHASTRY, ADVOCATES FOR APPELLANT NO.1 (B) (C) AND (D);
APPELLANT NO.1 1(A) DIED AND APPELLANTS NO.1(B) (C) AND (D) TREATED AS LRS OF APPELLANT NO.1 (A))
AND:
1. SMT. LAXMIBAI W/O. RAOSAHEB PATIL SINCE DECEASED BY HER LRS.,
2. SMT. SHANTA W/O. JAYASING PATIL AGED ABOUT 54 YEARS, R/O: NAGAV KAWATHE, TALUKA: TASGAON DISTRICT: SANGLI,
SINCE DECEASED, REP. BY LRs. 2A) UDAY JAYSING PATIL AGE: 51 YEARS, OCC: FORMER, R/O: NAGAON POST: KAVTHE EKAND, TAL: TESGAON, SANGLI, STATE: MAHARASHTRA. - 3 -
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2B) MANSI NARENDRA JAGADALE, AGE. 49 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGAON, POST: KAVTHE EKAND, TAL: TESGAON, SANGLI, STATE: MAHARASHTRA. 3. SRI. VISHWAS PANDURANG PATIL SINCE DEAD BY HIS LRS.,
A) SMT. VATSALA W/O. VISHWAS PATIL AGE: 78 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGASULI, TAL: ATHANI. B) SRI. ASHOK VISHWAS PATIL, AGED : 54 YEARS, OCC: AGRIL, R/O: MANGASULI, TAL: ATHANI. (ALREADY ON RECORD AS RESPONDENT NO.4)
C) SMT.
SUMAN @ GODA W/O. SHIVAJI RAO, @ BABASAHEB PATIL, AGED 54 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKKURDE, TAL: WALVA, DIST: SANGLI. 4. SRI. ASHOK VISHWAS PATIL AGE: 53 YEARS, OCC AGRICULTURE, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 5. SMT. PUSHPAVATI W/O. ASHOK PATIL, AGED ABOUT 46 YEARS,
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OCC: HOUSEHOLD WORK, R/O: MANGASULI, TALUK: ATHANI, DISTRICT: BELGAUM. SICNE DECEASED BY HER LRS
5A) SRI. ASHOK VISHWAS PATIL AGE: 62 YEARS, OCC AGRICULTURE, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. WHO IS ALREADY ON RECORD AS RESPONDENT NO.4. 5B) SMT. RASHIKA DHANANJAY PAWAR AGE: 31 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 5C) SMT. SHWETA SANTOSH PATIL, AGE: 28 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 5D) SMT. SNEHAL SATYAJEET PATIL, AGE: 26 YEARS, OCC: HOUSEHOLD, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 5E) SMT. SHRUTIKA SATYAJEET PATIL AGE: 23 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. - 5 -
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5F) SHRI ABHAYSIMHA ASHOK AGE: 20 YEARS, OCC: STUDENT, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 6. SMT. SUSHEELA W/O. VASANTRAO PATIL AGE: 54 YEARS, OCC: HOUSEHOLD WORK R/O: BORGAON BAHE, TAL: WALAWA DIST:SANGLI. …RESPONDENTS
(BY SRI. ANAND R. KOLLI, ADVOCATE FOR R2 (A) AND (B);
SRI. SAURABH A. SONDUR, ADVOCATE FOR R5(B) TO (F);
R3(A), (B), (C), R4 AND R6 ARE CONSIDERED AS APPELLANTS V/O. DATED 29.06.2015;
NOTICE TO R5(A) SERVED); R1-DECEASED)
THIS RFA FILED U/S.96 OF CPC., PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED.26.11.04 PASSED IN O.S.NO.17/1991 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND ASST. SESS. JUDGE, ATHANI, EXCLUDING THE DECLARATION PRAYER GRANTED TO TH APPELLANT/DEFENDANTS IN RESPECT OF SY.NO.409/1B, 409/1C AND 416, BY ALLOWING THIS R.F.A WITH COSTS IN THE INTEREST OF JUSTICE. IN RFA NO.414/2005
BETWEEN:
SRI. VISHWAS PANDURANG PATIL SINCE DECEASED BY HIS LRS.,
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1. SMT. VATSALA W/O. VISHWAS PATIL, AGE : 78 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGASULI, TAL: ATHANI. 2. SRI. ASHOK VISHWAS PATIL, AGED: 54 YEARS, OCC: AGRIL, R/O: MANGASULI, TAL: ATHANI. 3. SMT. SUMAN @ GODA W/O. SHIVAJI RAO, @ BABASAHEB PATIL, AGED 54 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKKURDE, TAL: WALVA, DIST: SANGLI. 4. SMT. SUBHADRA W/O. BALASAHEB PATIL AGED 65 YEARS, R/O: MANGASULI, TAL: ATHANI. DIST: BELAGAVI. 5. SMT. SUSHEELA W/O. VASANTRAO PATIL, AGED: 54 YEARS, R/O: BORGAON (BAHE) TALUKA : WALWA, DISTRICT: SANGLI. …APPELLANTS
(BY SRI. CHETAN MUNNOLI FOR SRI. G. BALAKRISHNA SHASTRY, ADVOCATES FOR APPELLANT NO.2, 3 AND 5;
APPELLANT NO.1 DIED AND APPELLANTS NO.2 AND 3 ARE TREATED AS LRS OF APPELLANT NO.1;
APPELLANT NO.4 DELETED AS PER ORDER DATED 27.07.2015)
AND:
1. SMT. LAXMIBAI W/O. RAOSAHEB PATIL
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SINCE DECEASED BY HER LRS.,
2. SMT. SHANTA W/O. JAYASING PATIL AGED ABOUT 54 YEARS, R/O: NAGAV KAWATHE, TALUKA: TASGAON, DISTRICT: SANGLI,
SINCE DECEASED, REP. BY LRs:
2A) UDAY JAYSING PATIL AGE: 51 YEARS, OCC: FORMER, R/O: NAGAON POST: KAVTHE EKAND, TAL: TESGAON, SANGLI, STATE: MAHARASHTRA. 2B) MANSI NARENDRA JAGADALE, AGE. 49 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGAON, POST: KAVTHE EKAND, TAL: TESGAON, SANGLI, STATE: MAHARASHTRA. 3. SMT. PUSHPAVATI W/O. ASHOK PATIL, SINCE DECEASED BY HER LRS
3A. SRI. ASHOK VISHWAS PATIL, AGED : 62 YEARS, OCC: AGRICULTURE, R/O: MANGASULI, TAL: ATHANI. (WHO IS ALREADY ON RECORD AS RESPONDENT NO.4)
3B. SMT. RASHIKA DHANANJAY PAWAR AGE: 31 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. - 8 -
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3C. SMT. SHWETA SANTOSH PATIL, AGE: 28 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 3D. SMT. SNEHAL SATYAJEET PATIL, AGE: 26 YEARS, OCC: HOUSEHOLD, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 3E. SMT.
SHRUTIKA SATYAJEET PATIL AGE: 23 YEARS, OCC: HOUSEHOLD R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 3F. SHRI ABHAYSIMHA ASHOK AGE: 20 YEARS, OCC: STUDENT, R/O: MANGASULI, TAL: ATHANI DIST: BELGAUM. 4. SMT. PRABHAVATI W/O. SUBHASH PATIL
(SINCE DECEASED REPRESENTED BY HER LRS., APPELLANT NOS.1, 2, 3 AND 5 WHO ARE ALREADY ON RECORD IN RFA NO.246/2005)
4A) SMT. VATSALA W/O. VISHWAS PATIL, AGE : 78 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGASULI, TAL: ATHANI. 4B) SRI. ASHOK VISHWAS PATIL, AGE: 54 YEARS,
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OCC: AGRIL, R/O: MANGASULI, TAL: ATHANI. 4C) SMT. SUMAN @ GODA W/O. SHIVAJI RAO, @ BABASAHEB PATIL, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKKURDE, TAL: WALVA, DIST: SANGLI. 4D) SMT. SUSHEELA W/O. VASANTRAO PATIL, AGE: ABOUT 54 YEARS. R/O: BORGAON (BAHE) TALUKA: WALWA, DIST: SANGLI. …RESPONDENTS
(BY SRI. ANAND R. KOLLI, ADVOCATE FOR R2(A) AND (B);
SRI. SOURABH A. SONDUR, ADVOCATE FOR R3(A) TO (E); R4-DECEASED;
APPELLANS NO.1,2,3 AND 4 ARE TREATED AS LRS OF DECEASED R4 V/O. DATED 29.05.2015;
R2 IS LR OF DECEASED R1, V/O DATED 15.03.2011)
THIS RFA FILED U/S.96 OF CPC PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED.26.11.2004 PASSED IN O.S.NO.17/1991 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND ASST. SESS. JUDGE, ATHANI, SAID SUIT BE DISMISSED AND THIS APPEAL BE ALLOWED WITH COSTS THROUGHOUT IN THE ENDS OF JUSTICE.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA
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ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Appellants and respondents are present before the Court and they are identified by their respective counsels.
2. Both the parties have filed compromise petition under Order XXIII Rule 3 read with Section 151 of C.P.C., dated 25.01.2025, which reads as under :
“ 1. The above appeal is directed against the
Judgment & Decree dated 26.11.2004 passed in OS No.17/1991 on the file of the Civil Judge (SD), Athani.
2. The Original Respondent No. 1 & 2 / Plaintiffs had filed a suit for partition and mesne profit against the Defendants in OS No.17/1991 on the file of the Civil Judge (SD), Athani.
3. It is further submitted that, the Trial Court partly decreed the suit of the Plaintiffs by granting half share to the Plaintiffs jointly in respect of suit properties excluding Sy. No.409/18, 409/1C & 416 of Mangasuli Village and also ordered that, the Plaintiff No.1 being wife of Late. Raosaheb Patil is entitled for the relief of maintenance at Rs.1,000/- per month
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against the Defendants from the date of suit till delivery of possession of her share. Aggrieved by the Judgment & Decree passed by the Trial Court, the Defendant No.5 Prabhavati preferred RFA No.246/2005 and Defendant No.1A to 1C & Defendant No.6 preferred RFA No.414/2005.
4. On 27.07.2015 this Hon'ble Court was pleased to allow both the appeals by setting aside the Judgment & Decree passed in OS No.17/1991 and
directed the State Government to take possession of the suit schedule properties.
5. Aggrieved by the Judgment & Decree dated 27.07.2015 passed by this Hon'ble Court, the Plaintiffs & Defendants approached the Hon'ble Supreme Court in SLP (C) No.28763/2016 and SLP (C) No.9938- 9939/2016 respectively. The Hon'ble Apex Court upon hearing the parties remanded the appeals for consideration of all the issues raised in the appeal, by
Order dated
10.02.2020. 6. It is further submitted that, all the suit properties are amenable for partition as they
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are regranted by the State Government on payment of necessary occupancy price. 7. After remand of the matter by the Hon'ble Supreme Court, at the intervention of the elders, well-wishers of the Appellants & Respondents, the parties to lis have amicably settled the dispute between them on following terms;
a. In view of settlement arrived between the parties, the agricultural lands & house properties situated at Managsull Village, Tq. Kagawad (Then Athani), Dist. Belagavi, mentioned below, have been allotted to the share of Respondent No.ЗЕ Abhayshinha S/o. Ashokrao Patil and Appellants & Respondent No.2A, 2B & 3A to 3D relinquish their right, title or interest over the said lands and admits the title of the Respondent No.3E. Agricultural Lands (Out of Suit Schedule "A" Properties) Allotted to Resp. No. 3E - Abhayshinha S/o. Ashokrao Patil
Suit Item No. Sy. No. Measurement 2 Sy. No. 181/1 24 Acres 34 Guntas (including 15 Gs. PK) out of it 6 Acres 19 guntas
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Sy. No. 140/1 (Now renumbered as under) 27 Acres 38 Guntas (including 6 Gs. PK) Sy No.140/1 15 Acres 24 Guntas (Including 4 Gs. PK)]
4 Sy No.140/2 12 Acres 20 Guntas (Including 4 Gs. PK)
7 Sy. No. 140/2 (Now renumbered as Sy.No.140/3) 6 Acres 30 Guntas 8 Sy. No. 182/3A+4 6 Acres 8 Guntas (Including 4 Gs.PK) 9 Sy. No. 416 5 Acres 27 Guntas (Including 9 Gs. PK) 13 Sy. No. 29/9+10+11 9 Guntas 17 Sy. No. 182/3 3 Acres (Including 4 Gs. PK)
18 Sy. No. 2/7 25 Guntas
House Properties (Out of Suit Schedule "B" Properties) Allotted to Resp. No. 3E Abhayshinha S/o. Ashokrao Patil
Suit Item No. Sy. No. 1 VPC No. 217/1 2 VPC No. 217/2 3 VPC No. 415/3
b. In view of settlement arrived between the parties, the agricultural lands & house property situated at Managsuli Village, Tq. Kagawad (Then Athani), Dist. Belagavi, mentioned below, have been allotted to the share of Respondent No.2A Uday Jayasing Patil & 2B.
Mansi Narendra Jagadale and Appellants & Respondent No.3A to 3E relinquish
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their right, title or interest over the said lands and admits the title of the Respondent No.2A & 2B. The House Property bearing VPC No.211 situated at Mangasuli Village is not part & parcel of the Suit Schedule Properties. However, In view of the settlement arrived between the parties, the Appellants & Respondent No.3A to 3E have given the said property to the Respondent No.2A & 2B and admits the title of the Respondent No.2A & 2B over the said property. Agricultural Lands (Out of Suit Schedule "A" Properties) Allotted to Respondent No. 2A - Uday Jayasing Patil & 2B. Mansi Narendra Jagadale
Suit Item No. Sy. No. Measurement 10 Sy. No. 29/4 15 Acres 39 Guntas (Including 4 Gs. PK)
11 Sy. No. 409/1B 4 Acres (Including 19 Gs. PK)
12 Sy. No. 409/1C 4 Acres 11 Guntas (Including 19 Gs. PK)
14 Sy. No. 10/2 2 Acres 14 Guntas
15 Sy. No. 9/2 2 Acres 36 Guntas
16 Sy. No. 29/1B (Now renumbered as Sy. No. 29/1+2) 5 Acres 15 Guntas (Including 1 Ac. 13 Gs. PK)
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House Property Allotted to Respondent No. 2A - Uday Jayasing Patil & 28. Mansi Narendra Jagadale
Suit Item No. Sy. No. Not Suit Property VPC No. 211
c. It is submitted that, during the pendency of the suit before the Trial Court, the Appellant No.2 Ashok S/o. Vishwas Patil has sold agricultural lands & house properties situated at Managsuli Village, Tq. Kagawad (Then Athani), Dist. Belagavi, mentioned below and Appellants & Respondents submits that they have no right, title or interest over the said lands and admits said alienations.
Agricultural Lands (Out of Suit Schedule "A" Properties) sold by Appellant No. 2-Ashok S/o. Vishwas Patil
Suit Item No. Sy. No. Measurement 1 Sy. No. 181/2 4 Acres 2 Sy. No. 181/1 24 Acres 34 Guntas (Including 15 Gs.) PK out of 18 Acres (including 15 Gs. PK)
3 Sy. No. 29/2+1A/5+6+7 5 Acres 23 Guntas (Including 14 Gs. PK)
House Properties (Out of Suit Schedule "B" Properties) sold by Appellant No. 2 Ashok S/o. Vishwas Patil
Suit Item No. Sy. No. 4 319/1B 5 319/2B
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d. It is submitted that, during the pendency of the suit before the Trial Court, the Original Defendant No. 5 Smt. Prabhavati W/o. Subhash Patil (deceased Respondent No. 4 herein) has sold agricultural lands situated at Managsuli Village, Tq. Kagawad (Then Athani), Dist. Belagavi, mentioned below and Appellants & Respondents submits that they have no right, title or interest over the said lands and admits said alienations. Agricultural Lands (Out of Suit Schedule "A" Properties) sold by Original Defendant No. 5- Smt. Prabhavati W/o. Subhash Patil
Suit Item No. Sy. No. Measurement 5 Sy. No. 25/2 5 Acres 2 Guntas (Including 12 Gs. PK) 6 Sy. No. 38/2 4 Acres 23 Guntas (Including 5 Gs. PK)
e. It is submitted that, Sy. No. 409/1A measuring 4 Acres (including 19 Gs. PK) (Suit Schedule "A" Item No. 19) is not available for partition and the Appellants & Respondents submits that, they have no right, title or interest over the said land. f. It is submitted that, during the pendency of the present appeal land measuring 33 Guntas in Sy. No. 9/2 (Item No. 15 of Schedule "A") and land measuring 2 Acres 24 Guntas in Sy. No.140/1 measuring 27 Acres 38 Guntas (including 6 Gs.
Kharab) (Item No.4 of Schedule "A") & 140/2 measuring 6 Acres 30 Guntas) (Item No.7 of
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Schedule "A") has been acquired for the purpose of Hipparagi Barrage Project. In view of dispute regarding apportionment between the parties, the SLAO had filed LAC No.131/2010 on the file of the Prl. Senior Civil Judge, Athani. The Appellant No.2 & Respondent No.3A to 3E had filed Reference Application seeking enhancement in LAC No.263/2010 on the file of the Prl. Senior Civil Judge, Athani. The Reference Court was pleased to dismiss the LAC No. 263/2010 and against that Appellant No.2 & Respondent No.3A to 3E have MFA No.102467/2022 and same is pending for consideration. In view of allotment of Sy. No.9/2 in favour of Respondent No.2A & 2B and Sy. No.140/1 & 140/2 in favour of Respondent No.3E, the parties are entitled to claim the compensation in respect of the lands allotted to their respective shares. g. The Appellants & Respondents submits that, present settlement is towards full and final settlement of their claims against each other & parties are not entitled for mesne profit. The Respondent No.2A & 2B further submits they have no right, title or interest over the other properties except as stated above. h. In view of settlement arrived between the parties, the Respondent No.2A & 2B relinquish their claim over the maintenance at Rs.1,000/- per month in favour of Original Plaintiff No.1 as against the
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Defendants from the date of suit till delivery of possession of her share, as ordered by the Trial Court under impugned Judgment & Decree.
i. The Appellants and Respondents submit that, they have no objection to enter the names of the respective parties in the revenue records in terms of this comprise and seek necessary changes, if required, for this, both the parties shall co-operate. j. The Appellants and Respondents there is no encumbrance of in respect of the properties allotted their shares. 8. The Appellants and Respondents submits that, the above compromise has been entered into between us without anybody's undue influence, coercion, threat or force and the same is with free will and wish. WHEREFORE, the Appellant No.2, 3 & 5 and Respondent No.2A, 2B & 3A to 3E most respectfully pray that, the Judgment & Decree dated 26.11.2004 passed in OS No. 17/1991 on the file of the Civil Judge (SD), Athani. May kindly be modified in terms of the above compromise, in the interest of justice and equity.”
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3. The contents of the compromise petition was read over and explained to the parties in Marathi language. They stated that they have understood the contents and accepted the terms and conditions mentioned in the compromise petition and prays to accept the compromise petition. The compromise petition is taken on record. The Appeals are disposed of in terms of the compromise petition. Office is directed to draw the decree in terms of the compromise petition. Sd/- (ASHOK S. KINAGI) JUDGE
Sd/- (UMESH M ADIGA) JUDGE
BK LIST NO.: 1 SL NO.: 1