Vimala vs Kutubuddin - Court Judgment

SooperKanoon Citationsooperkanoon.com/1596959
CourtKarnataka Dharwad High Court
Decided OnOct-31-2025
Case NumberRSA/5137/2013
JudgeC M Joshi
AppellantVimala
RespondentKutubuddin
Excerpt:
-1- in the high court of karnataka,at dharwad dated this the 31st day of october, 2025 before the hon'ble mr. justice c m joshi regular second appeal no. 5137 of 2013 (dec/inj) between: smt. vimala d/o. shrishail hadimani, aged about 45 years, r/at. jamkhandi, dist. bagalkote-587301. …appellant (by sri. mrutyunjaya tata bangi, advocate) and:1. sri. kutubuddin s/o. allabax yadawad, aged about 54 years, r/at.ward no.ii, digitally signed by yashavant2. sri. nabirasool yashavant narayankar narayankar date: s/o. allabax yadawad, 2025.11.03 +0530 aged about 48 years, r/at.ward no.ii,3. sri. yaseen aged about 44 years, r/at.ward no.ii,4. sri. saleem aged about 42 years, r/at.ward no.ii, -2-5. the deputy commissioner bagalkote district, bagalkote-587301.6. the tahasildar jamkhandi, tq. jamkhandi,7. the cadestral surveyorthe city survey department, tq. jamkhandi, dist. bagalkote-587301 …respondents (by sri. girish a. yadawad, advocate for r1-r4; sri. dayanand sangreshi, hcgp for r5 to r7) this rsa is filed under section 100 of cpc, praying to set aside the judgment and decree passed by the fast track court, jamkhandi passed in r.a.no.57/2008 dated 19.10.2012 and the judgment and decree passed by the prl. civil judge (jr.dn.) jamkhandi passed in o.s.no.74/2001 dated 29.11.2005 and dismiss the suit by allowing the present appeal in the interest of justice and equity. this appeal, coming on for final hearing, this day, judgment was delivered therein as under: -3-oral judgment(per: the hon'ble mr. justice c m joshi ) learned counsel sri.mrutyunjay tata bangi appearing for the appellant along with the appellant is present before this court. the appellant is duly identified by the learned counsel. it is submitted that the appellant do not press the appeal as against the respondents no.5, 6 and 7. accordingly, the appeal as against respondents no.5, 6 and 7 is dismissed.2. the respondents no.1 to 4 along with their counselare present. it is submitted on behalf of the learned counsel for the appellant and respondents no.1 to 4 that the parties have entered into a compromise and they are filing the compromise petition under order 23 rule 3 of cpc. it is submitted that the appellant is accepting a sum of rs.12,20,000/- in lieu of all her claim against the respondents no.1 to 4. it is also submitted that, after accepting such amount, the decree passed by the trial court as well as first appellate court would remain intact. it is submitted that in view of the compromise petition, the claim of the appellant is given up and the impugned judgments of the first appellate court and trial court are affirmed.-4-3. the parties who are present before this court onquestioning, acknowledge the contents of the compromise petition and they submit that the settlement is proper and they have accepted the same. therefore, the compromise petition is accepted as it is just, proper and legal. in view of the above, following order:orderthe appeal is dismissed after taking on record the compromise petition filed by the appellant and the respondents no.1 to 4. the appellant has given up all her rights, title or interest in the suit schedule property of which the trial court and the first appellate court have favoured the respondents no.1 to4. the appeal stands dismissed, in terms of compromise petition. sd/- (c m joshi) judge rkm ct:pa list no.: 1 sl no.: 30
Judgment:

-1- IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5137 OF 2013 (DEC/INJ) BETWEEN: SMT. VIMALA D/O. SHRISHAIL HADIMANI, AGED ABOUT 45 YEARS, R/AT. JAMKHANDI, DIST. BAGALKOTE-587301. …APPELLANT (BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE) AND:

1. SRI. KUTUBUDDIN S/O. ALLABAX YADAWAD, AGED ABOUT 54 YEARS, R/AT.WARD NO.II, Digitally signed by YASHAVANT

2. SRI. NABIRASOOL YASHAVANT NARAYANKAR NARAYANKAR Date: S/O. ALLABAX YADAWAD, 2025.11.03 +0530 AGED ABOUT 48 YEARS, R/AT.WARD NO.II,

3. SRI. YASEEN AGED ABOUT 44 YEARS, R/AT.WARD NO.II,

4. SRI. SALEEM AGED ABOUT 42 YEARS, R/AT.WARD NO.II, -2-

5. THE DEPUTY COMMISSIONER BAGALKOTE DISTRICT, BAGALKOTE-587301.

6. THE TAHASILDAR JAMKHANDI, TQ. JAMKHANDI,

7. THE CADESTRAL SURVEYOR

THE CITY SURVEY DEPARTMENT, TQ. JAMKHANDI, DIST. BAGALKOTE-587301 …RESPONDENTS (BY SRI. GIRISH A. YADAWAD, ADVOCATE FOR R1-R4; SRI. DAYANAND SANGRESHI, HCGP FOR R5 TO R7) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE FAST TRACK COURT, JAMKHANDI PASSED IN R.A.NO.57/2008 DATED 19.10.2012 AND THE JUDGMENT AND DECREE PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) JAMKHANDI PASSED IN O.S.NO.74/2001 DATED 29.11.2005 AND DISMISS THE SUIT BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: -3-

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI ) Learned counsel Sri.Mrutyunjay Tata Bangi appearing for the appellant along with the appellant is present before this Court. The appellant is duly identified by the learned counsel. It is submitted that the appellant do not press the appeal as against the respondents No.5, 6 and 7. Accordingly, the appeal as against respondents No.5, 6 and 7 is dismissed.

2. The respondents No.1 to 4 along with their counsel

are present. It is submitted on behalf of the learned counsel for the appellant and respondents No.1 to 4 that the parties have entered into a compromise and they are filing the compromise petition under Order 23 Rule 3 of CPC. It is submitted that the appellant is accepting a sum of Rs.12,20,000/- in lieu of all her claim against the respondents No.1 to 4. It is also submitted that, after accepting such amount, the decree passed by the trial Court as well as First Appellate Court would remain intact. It is submitted that in view of the compromise petition, the claim of the appellant is given up and the impugned judgments of the First Appellate Court and trial Court are affirmed.

-4-

3. The parties who are present before this Court on

questioning, acknowledge the contents of the compromise petition and they submit that the settlement is proper and they have accepted the same. Therefore, the compromise petition is accepted as it is just, proper and legal. In view of the above, following order:

ORDER

The appeal is dismissed after taking on record the compromise petition filed by the appellant and the respondents No.1 to 4. The appellant has given up all her rights, title or interest in the suit schedule property of which the Trial Court and the First Appellate Court have favoured the respondents No.1 to

4. The appeal stands dismissed, in terms of compromise petition. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 30