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RFA No. 100394 of 2022

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF DECEMBER, 2022

PRESENT

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

AND

THE HON'BLE MR JUSTICE G BASAVARAJA

R.F.A.NO.100394 OF 2022 (PAR/POS)

BETWEEN:

SRI SANGAPPA S/O CHANNAPPA GAVALI,

AGE, AGE 75 YEARS, OCC: AGRICULTURIST,

R/O KAGADAGARA ONI

TQ: DIST: GADAG 582101.

…APPELLANT

(BY SRI S.L.MATTI, ADV.)

AND:

1.

SMT. GANGAVVA W/O BASAPPA GAVAI

AGE 65 YEARS, OCC. HOUSEHOLD WORK

AND AGRICULTURE,

R/O KAGADAGARA ONI,

TQ. DIST. GADAG 582101.

2.

SMT. NETHRA W/O MALLAPPA GAVAI,

AGE: 35 YEARS, OCC: HOUSEHOLD WORK

AND AGRICULTURE,

R/O KAGADAGARA ONI,

TQ: DIST: GADAG 582101.

3.

KAVYA D/O MALLAPPA GAVAI,

AGE 14 YEARS, OCC. STUDENT,

R/O KAGADAGARA ONI,

TQ. DIST. GADAG 582101,

RESPONDENT NO.3 SINCE MINOR

R/BY HER NATURAL MOTHER BY

NAME NETHRA W/O MALLAPPA GAVAI.

ROHAN

HADIMANI

T

Digitally

signed by

ROHAN

HADIMANI

T

Date:

2022.12.17

12:35:09

+0530

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RFA No. 100394 of 2022

4.

CHIDANANDA S/O BASAVARAJ HOOGAR,

AGE 18 YEARS, OCC: STUDENT,

R/O KAGADAGARA ONI,

TQ: DIST: GADAG 582101.

…RESPONDENTS

(BY SRI NAGARAJ C.KOLLOORI ADV. FOR R1, R2)

R3-MINOR R/BY R2 AND R.4 MINOR R/BY R.1))

THIS RFA FILED UNDER SECTION 96 READ WITH ORDER 41

RULE 1 OF CIVIL PROCEDURE CODE PRAYING THIS COURT TO SET

ASIDE THE JUDGMENT AND DECREE DATED 18.03.2021 PASSED IN

O.S.NO.109/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG.

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,

SURAJ GOVINDARAJ J., MADE THE FOLLOWING:

JUDGMENT

1.

Learned

counsel

for

the

appellant

and

the

respondents submit that the parties have resolved

the dispute between themselves and arrived at an

amicable compromise.

2.

Respondent

No.3

being

a

minor,

counsel

for

respondent No.2 has filed an application under Order

XXXII Rule 7 read with Section 151 of Code of Civil

procedure, seeking for appointment of respondent

No.2-mother as a natural guardian of respondent

No.3. He has also submitted that, a certificate as

required certifying that the compromise that has

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RFA No. 100394 of 2022

been entered into between the parties is in the

interest of minor and that her interest is adversely

effected.

3.

The certificate issued in respect of minor respondent

No.3, reads as under :

“CERTIFICATE

I,

Nagaraj

C.Kolloori,

I

am

the

counsel

for

respondent Nos.1 to 4 in RFA.No.100394/2022.

I

hereby

certify

that,

respondent

No.2

Smt.Netra W/o Late Mallappa Gavai, Age : 35 Years,

Occ: Household work, R/o : Kagadgeri Oni, Gadag,

Tq. & Dist: Gadag is mother of respondent No.3

Kavya D/o Late Mallappa Gavai, is natural guardian

of minor daughter and she is competent to enter in

compromise on behalf of minor respondent No.3 and

her interest is not conflicting to each other and

compromise is in the better interest of respondent

No.3.

Hence, the certificate.

Sd/-

Dharwad

(Nagaraj C.Kolloori)

Date : 14/12/2022 Advocate for respondent”

4.

Respondent No.4 who is a minor represented by

respondent No.1-grandmother since the father and

mother of respondentNo.4 have expired. A separate

certificate has also been filed by the counsel for

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RFA No. 100394 of 2022

respondent No.1 stating that the compromise which

has been entered into between the parties is in the

interest of minor respondent No.4 and the same does

not in any manner be adverse to his interest.

5.

The certificate in respect of minor respondent No.4,

reads as under :

I,

Nagaraj

C.Kolloori,

I

am

the

counsel

for

respondent Nos.1 to 4 in RFA.No.100394/2022.

I

hereby

certify

that,

respondent

No.1

Smt.Gangavva W/o Late Basappa Gavai, Age : 65

Years, Occ: Household work, R/o : Kadagar Oni, Tq.

& Dist: Gadag is grandmother of respondent No.4

Chidanand S/o Late Basavaraj Hugar, is natural

guardian of minor grandson and she is competent to

enter in compromise on