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2025 DAILYLAW 8590 (KAR)

PRATAP VAIJANATH UCHAGAONKAR v. MAHARUDRA APPAYYA VERNEKAR

RSA/5687/2009 · 2025-02-27

E S Indiresh

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Judgment text

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- 1 - NC: 2025:KHC-D:3943 RSA No. 5687 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5687 OF 2009 (DEC/INJ-) BETWEEN: 1. PRATAP VAIJANATH UCHAGAONKAR AGE: 50 YEARS, OCC: AGRIL and BUSINESS, R/O. CTS NO. 2100 KOREGALLI, SHAHAPUR, BELGAUM – 590001. 2. SHRI. SHIVAJI VAIJANANT UCHAGAONKAR, AGE: 39 YEARS, OCC: AGRIL and BUSINESS, R/O. CTS NO. 2100 KOREGALLI, SHAHAPUR, BELGAUM. (P.A. HOLDER OF THE APPELLANT NO.1, 3 TO 6) 3. SMT. BHARATI W/O. MANOHAR JADHAV, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. BHANDUP (EAST), MUMBAI MAHARASHTRA. 4. SMT. SUREKHA W/O. SHANTARAM WAKLE, AGE: 44 YEARS, OCC: HOUSE HOLD WORK, R/O. PEERANWADI, BELGAUM. 5. SMT. VADANA W/O. BALASAHEB @ BALAKRISHNA WAKE, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. RAJESH TOPAJI TAHASILDAR RAJHANS GALLI ANGOAL, BELGAUM - 590001. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3943 RSA No. 5687 of 2009 6. SMT. ANURADHA W/O. ASHOK MELAGE, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: MELGE GALLI, SHAHAPUR, BELGAUM – 590001. …APPELLANTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. MAHARUDRA APPAYYA VERNEKAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: CTS NO. 1929 BHOJ GALLI, SHAHAPUR, BELGAUM – 590001. (DELETED AS PER HON’BLE COURT ORDER DATED 27.02.2025) 2. GOPALAKRISHNA S/O. WAMAN REVANKAR, AGE; 48 YEARS, OCC: AGRICULTURE, R/O. C/O. 104 GANESH MARAG HINDWADI BELGAUM 3. ASHOK OCC: AGRICULTURE R/O C/O 104 GANESH MARAG HINDWADI BELGAUM …RESPONDENTS (BY SRI. S.G.KAKATKAR, ADVOCATE FOR R2 & R3) THIS RSA IS FILED U/S. 100 CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE PRESIDING OFFICER FAST TRACK COURT-I & ADDL. MACT, BELGAUM IN R.A.NO.500/2009 DATED 09.11.2009, REVERSING THE JUDGMENT AND DECREE PASSED BY THE IVTH ADDL. CIVIL JUDGE (JR.DN), BELGAUM IN O.S.NO.45/2003 DATED 30.03.2005, AND ALLOW THE INSTANT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:3943 RSA No. 5687 of 2009 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER It is submitted by the learned counsel appearing for the parties that, the parties to the proceedings have compromise the lis between themselves and accordingly filed compromise petition under Order 23 Rule 3 of CPC. Parties are present before the Court and submitted that, they have agreed to resolve the dispute in terms of the terms and conditions stated in the compromise petition. Accepting the submission of the parties, the appeal is disposed of in accordance with the terms and conditions presented in the compromise petition today. Accordingly, Registry is directed to draw decree in terms of the compromise petition. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 27