R.S.A.No.2376,§2006
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF DECEMBER 2010
BEFORE I
THE HON'BLE MRJUSTICE I I
Reguiar Sgcond Aggeal [V
BETWEEN:
SR1 L. ANANDA
S/O LA'1'E MLINGEGOWDA
HINDU, AGE: 46 YEARS
R/AT DOOR No.68
em CROSS, E 8:: F BLOCK
RAMAKRISHNAGAR A ..
MYSORE--57O 022 3' -..APi'ELLANT
[BY SR1 O.SHn/ARAIIIIIA ADVO.cAj;E}j;. I
SR1 P.LOKES.H ._ .
S/O J.PU'I'I'ASWAI\/IY ~
HINDU, ADULTS'-,_ .
NO326, JLAJN ROAD
VHARALXIAHNA THO'l'A. '
BEOG-ADI Ii'-SSTAGE ***** ~ "
"'.VMYSORE -- 570 O0; ..RESPONDEN'I'
(EESEI R;S[I§A§fI, ZfsDVOCATE]
IS FILED UNDER SECTION 100 OF CPC
-AGAINST 'IfiHE*;IUDGMENT AND DEGREE DATED 12.7.2006
PASSED IN }R.A.NO.258/2004 ON THE) FILE OF THE III ADDL.
*--DIST121cT JUDGE), MYSORE, PARTLY ALLOWING THE APPEAL AND
ASIDE THE JUDGMENT AND DECREE DATED
' _25.,10..I 99'? PASSED IN O.S.N0.166/1992 ON THE FILE OF THE II
'--..I\/IUNSIFF AND JMFC, MYSORE.
THIS APFEAL COMING ON FOR HEARING THIS DAY. THE
E' ;*COUR'I' DELIVERED THE FOLLOWING:
-2-
. (
JUDGMEN,,I.RSANo237620O6
This second appeal by the plaintiff is directed
against the judgment and decree dated 12.0?.2006"--,g
passed by the lower Appellate Court namely, the "
the 111 Additional District Judge, Mysore, '
Appeal No.258 /2004.
2. Learned counsel appearing-.__on
that the parties have arrived syettiefiielntnl in} the
matter; accordingly they filled .co--mprotr1ise petition
in Court today. They fthat may be
disposed "in coinpromise petition in
modification of V thedl and decree impugned
herein. _'.'E'he coinproniise"vpeti.tion reads as follows:
$'{"I'1'?1't:v'. filboue A ""'named Appellant and the
' .Re--spo.ndefltt:begs to submit asfollows:-
" . n and Respondent have settled
their dtspate amicably outside the Court as per
_ the acivtse of elders and wellwtshers and
V’ ‘ — » eoneilieators.
T 2. The Appellant has agreed to take the
‘ property situated in the hind portion of the suit
/
R.S.A.N0.2375 2005
schedule towards his share with an approach
road having 15 feet width from the front main
road. Accordingly the portion earmarked as A in_”*
the enclosed sketch marked in yellow colour ‘T ‘
area reserved for road approach to the
portion having 15 feet width shouinllith’ red.ycolou:r,»«,_
totally measuring 6836 square.”i’fee:_tl “(;inciudin.g
road portion) is hereby allotted. to the share
Appellant. The Appellant been’ * Eintoi
exclusive possession theillsaidjt portion o’j'”i’he
property more fully descnlaed. sichgedule below
to this comprcgrnise :»p”etit:ion;- The.’ v_ Respondent
hereby what .ev_er’-“rig.ht over the
said A 5sch_edu”ie’?.. propet’t’y_favour of the
Appellant;’ — t t
3. Vi”-Siltnilarly totally measuring
6836 feet._earniafked as B in the enclosed
sla§;>tctist.and shotvn in the green colour more fully
– schedule below is hereby
A the share of the Respondent. The
” –:hereby relinquish his what ever right
over staidvii’? schedule property.
AA 4.V’The Appellant and Respondent are entitled
‘vio__z.ery’oy their respective shares i.e., A and B
schedule property respectively in the manner that
H they deem fit and are entitled to get the khatha of
gtw//_i
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R.S.A. Ng.23?6[2Q06
the respective portion recorded in their individual
name before the concerned authorities. The
appellant and the respondent are entitled A
enclose their respective schedule ‘A’ &
property by putting their respective compojmd in
walls as per the rneasurementiinmthe ‘_enclosecl.” V
sketch.
5. The parties have into
possession of their respective portions on’th.e’dateg
of this compromise. it it _ A it
6. The Appellant no
other claim agaihs.t each ‘ ‘
Wherej’oreb,_” V Respondents
Pray’ that All flan” l ¢ourt– may kindly be
pleased to appeal in terms of the
above llcornpromtsel’ final decree may be
ordered to drawn’.in”i:erms of this compromise.
enclo,sed ‘sketch«’attached to this compromise
» form part of the decree.
~. .-..viParites__t0ifbear their respective costs.
ASCHEDULE
3 at a Portion of the property bearing Survey No.205,
” dsitttated at Bhogadi Village, Kasaba Hobli,
Mysore Taluk totally measuring 6836 square feet,
consisting of an approached road measuring East
M
R.S.A.No.2376 2006
to West 76 feet 3 inches, North to South 15 feet
shown in the red colour in the enclosed sketch
and an area measuring East to West 61 feet,-f’ H
North to South (90 feet 6 inches + 94
inches} shown in the yellow colour and
as A in the enclosed sketch bounded on: i_
East : by Remaining portionof:
Land in Survey’ No.205 ._ ‘
West : by Road and posrtibn allotted to
the Share of Respondent
North : by Private. Property’
South: by Private Property]. V
‘_&
Port’io’n__ they .p:fo.pe;a_*iyf.’v v Survey
No.2o5,__V situatiéd ti-_y 4–.sr;og¢ici: Village, Kasaba
Hobll, measuring 6836
squ,are«_fe’et, to West (76 feet 6
inches + is feet 8 iraghes}, North to South (79 feet
3.» + feet 3 inches} shown in the green
»co’iourlan”ct«t_rnarked as B in the enclosed sketch
3 bounded ‘on*:._
‘j_:_ by Remaining portion of Land in
-. Survey No.205 allotted to the
share of the Appellant.
. West : by Road
North : by Private Property
South: by Private Property”
R.S.A.No.2376 2006
3. The aforesaid compromise petition is placed on
record. As prayed for by the learned counsel appearir£,$:hg’,”‘»i
for the parties, the appeal stands disposed of in
the compromise petition in modification of the
and decree impugned herein.
Registry shall draw the degree inlthe
the plan annexed to the e0mpr0rriise_ p.¢:1t1¢’n«–si:a11 lforrn
part of the decree.
Shl/- ata M’
