RSA 1473/2016

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY

R.S.A.No.1473/2016

BETWEEN:

Shri Shafeeq Ahamed T.J.

S/o late Mohammed Jaffer,

Age: 47 years,

Agriculturist,

R/o. Kodi Camp, Tarikere,

Chikkamagaluru district-577101.

& APPELLANT

(By Sri Shivashankar.S.K., Adv.)

AND:

Shri Chandrashekharappa

S/o Gowrappa,

Age: 54 years,

C/o. Shivakumar,

Buldozer Contractor,

Maruthi Street,

Tarikere Town,

Chikkamagaluru District-577101.

& RESPONDENT

(By Sri H.Malatesh, Adv.)

This Regular Second Appeal is filed under Section 100 of

CPC against the judgment and decree dated 25.06.2016 passed

in RA No.27/2000 on the file of the II Addl. District Judge, at

Chikkamagaluru, dismissing the appeal and confirming the

judgment and decree dt:15.04.2000 passed in OS.No.387/1993

on the file of the Civil Judge (Junior Division) & Addl. JMFC.,

Tarikere.

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This appeal coming on for reporting settlement, this day,

the Court delivered the following:

JUDGMENT

1.

Learned Counsel for the appellant as well as the

learned Counsel for the respondent jointly submit that the

dispute between the parties has been amicably settled out

of court at the intervention of elders and well-wishers of

both the parties. They have filed a compromise petition

under Order XXIII Rule 3 CPC which has been signed by

the parties as well as by their respective learned advocates.

The terms of the compromise petition reads as under:

"1.

The appellant here in filed the suit

bearing O.S.No.387/1993 before the Civil

Judge (Jr.Dvn) and JMFC, Tarikere for

Declaration and the permanent injunction

against the defendant/respondent, stating

that, he purchased the property measuring

1.03 acres in Sy.No.105/2 by registered sale

deed. The defendant/respondent here in

objected the same by filing the written

statement that the plaintiff/appellant has

right only in respect of 39 guntas and

remaining 4 guntas is belongs to him. The

defendant/respondent also stated that he

purchased the same from one Kanamma, and

in 4 guntas of land he already sold 1 gunta of

land. The defendant/respondent denied that

the plaintiff/appellant has no right in 4

guntas and he has the right only in 0.39

guntas of land. The suit filed by the

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appellant/plaintiff was partly decreed stating

that the plaintiff/appellant herein is in

possession of only 0.39 guntas, and dismissed

the suit in respect of 0.04 guntas of land vide

order dated 15.04.2000.

2.

Challenging

the

order

passed

in

OS.No.387/1993 in respect of the 0.04 guntas

of land the appellant/plaintiff filed the appeal

in RA.No.27/2006 before the Court of Fast

Track at Tarikere. The Fast Track Court at

Tarikere

vide

order

dated

16.11.2006

dismissed

the

appeal

filed

by

the

plaintiff/appellant and confirmed the order

passed in OS.No.387/1993.

3.

It is submitted that challenging the both

the orders the Appellant/Plaintiff filed the

appeal before the Hon'ble High Court in RSA

No.645/2007, the Hon'ble High Court after

hearing both the parties allowed the appeal

vide order dated 21.02.2012 and set-aside the

order passed by the lower appellate court

order and remanded to lower appellate court

for taking further action.

4.

It is submitted that, the Hon'ble High

Court while remitting the matter observed

that and ordered that, 'it is to be ascertained

as to whether 4 guntas of land which fell short

to the plaintiff in Sy.No.105/2 is due to the

mistake occurred in measuring the property.'

5.

It is submitted that, in the suit the

defendant is examined as DW.1, he has

claimed 4 guntas of land in Sy.No.105/2

stating that he has purchased from one

Smt.Kanamma, and he started to construct a

house, the vendor of plaintiff has objected for

construction. The said Kanamma instituted

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the suit against the vendor of t