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2025 DAILYLAW 53592 (KAR)

SMT. RUDRAVVA v. SMT. HANAMAVVA

RFA/100034/2020 · 2025-07-15

R Nataraj, Rajesh Rai K

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8774-DB RFA No. 100034 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 100034 OF 2020 (PAR/DEC) BETWEEN: SMT. RUDRAVVA W/O. BALAGAPPA BALAGAPPAGOL, AGE: 42 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: CHIKKALAGUNDI VILLAGE, TQ: BILAGI, DIST: BAGALKOT-587116. …APPELLANT (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: 1. SMT. HANAMAVVA W/O. VENKAPPA SONNAD AGE: 56 YEARS, OCC: HOUSE HOLD, R/O. HIRE ALAGUNDI, TQ: BILAGI, DIST: BAGALKOT-587116. 2. DUNDAPPA S/O. GOVINDAPPA JOGI AGE: 54 YEARS, OCC: AGRICULTURE, R/O. HOSAKOTI, TQ: RAMDURG, DIST: BELAGAVI-591130. 3. SMT. SATYAVVA W/O. LAXMAN JOGI AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSAKOTI, TQ: RAMDURG, Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.22 11:22:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8774-DB RFA No. 100034 of 2020 DIST: BELAGAVI-591130. 4. KUMAR. RANGAPPA S/O. LAXMAN JOGI AGE: 13 YEARS, OCC: STUDENT, R/O. HOSAKOTI, TQ: RAMDURG, DIST: BELAGAVI-591130 (SINCE MINOR R/BY NATURAL GUARDIAN/MOTHER RESPONDENT NO.3) SMT. SATYAVVA W/O. LAXMAN JOGI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSAKOTI, TQ: RAMDURG, DIST: BELAGAVI-591130. …RESPONDENTS (BY SRI. R.K.KULKARNI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE SERVED; R4 IS MINOR REP. BY R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.12.2019 PASSED IN O.S.NO.34/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, RAMDURG, DISMISSING THE SUIT FILED FOR DECLARATION AND PARTITION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC-D:8774-DB RFA No. 100034 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) The plaintiff in O.S. No. 34/2016 on the file of the Senior Civil Judge, Ramadurg, has filed this appeal challenging the judgment and decree dated 12.12.2019 by which her claim for partition of the suit schedule property was rejected. 2. When this appeal was listed for final hearing, the appellant and the respondents have filed a Joint Memo which reads as follows: “JOINT MEMO In these Appellant and Respondents jointly submits as under. It is submitted that, by the intervention of this Hon'ble Court, the parties have settled their dipsute, and as per terms of settlement, today the respondents are paying cash of Rs 5 lakhs towards full and final settlement. Further, the appellant submits that, she has no claim whatsoever, over the schedule properties. That, appellant has received cash of Rs 5 lakhs, and the terms of the above the parties have signed to this joint memo.” 3. The appellant-Rudrawwa, and her husband Balagappa are present. Respondent No.2 is also present along - 4 - HC-KAR NC: 2025:KHC-D:8774-DB RFA No. 100034 of 2020 with his daughter-Smt. Geetha. The appellant acknowledges the receipt of a sum of Rs.5,00,000/- as per the Joint Memo. She was informed about the terms of the compromise and she admitted that she knew the terms of the compromise that she would be getting a sum of Rs.5,00,000/- against all her claims in respect of the suit properties. The appellant and respondent No.2, who are present, have affixed their signatures in token of the acceptance of the Joint Memo. In that view of the matter the appeal stands disposed of in terms of the Joint Memo. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE KMS Ct:vh List No.: 1 Sl No.: 34