IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 21^TH DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAVI V.HOSMANI

R.S.A.No.100179/2018

BETWEEN:

SMT. REKHA W/O PRABHU BILIYALI,

AGE: 56 YEARS, OCC: HOUSEHOLD WORK,

R/O: 3527, RISALDAR GALLI,

BELGAVI-590001.

... APPELLANT

(BY SRI.SANGRAM S.KULKARNI, ADVOCATE)

AND

SMT. SHARADABAI E/O BABU AKKOLE,

AGE:65 YEARS, OCC: HOUSEHOLD WORK,

R/O: 3527, RISALDAR GALLI,

BELGAVI-590001.

... RESPONDENT

(BY SRI.B.S.KAMATE, ADVOCATE)

THIS

REGULAR

SECOND

APPEAL

IS

FILED

UNDER

SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO

SET

ASIDE

THE

ORDER

PASSED

IN

REGULAR

APPEAL

No,06/2013

DATED

23.01.2018

BY

THE

6^TH

ADDITIONAL

DISTRICT AND SESSIONS JUDGE, BELGAVI AND THE ORDER

/DECREE IN FDP No.06/2001 PASSED BY THE II ADDL SENIOR

CIVIL JUDGE, BELGAVI DATED 13.09.2012.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT, DELIVERED THE FOLLOWING:

2

JUDGMENT

The present appeal is filed by the appellant in RA

No.06/2013 dated 23.01.2018 passed by 6^th Addl.

District and Sessions Judge, Belagavi, arising out of

final decree proceedings in terms of judgment and

decree in OS No.81/1990 modified in RFA No.89/1995

vide judgment and decree dated 13.01.1998. The

present dispute is regarding total measurement of suit

property.

2.

Sri.Sangram S. Kulkarni, learned counsel for

appellant submits that consequent to an erroneous

entry of measurement of southern side of the suit

property as ‘26’ feets ‘0’ inch instead of correct

measurement of ‘20’ feets ‘6’ inchs, higher than actual

area was considered for division of property by Court

in final decree proceedings. On this ground appeal is

filed.

3

3.

During pendency of this appeal, parties have

amicably settled the dispute between them.

4.

A joint memo recording terms and conditions of

settlement is drawn which read as follows:

1.

The plaintiff/respondent has agreed to

receive 400sq.ft land towards her share in

the suit property in the Southern hind

portion and she is in possession.

2.

The appellant/defendant shall retain the

remaining portion of the suit property

towards her share on the Northern side of

the suit schedule property.

3.

The plaintiff/respondent has agreed to

permit the appellant/respondent to use

the drainage connection pipeline which

passes through the area allotted to her

and

also

agreed

not

to

create

any

obstruction or disturbance for the use of

the drainage at any time in future.

4.

The parties agreed that there is an error

in

the

Court

Commissioners

report

regarding the measurement.

4

5.

The appellant/defendant has agreed to

give more area to the plaintiff/respondent

that the area she is actually entitled for

as the plaintiff/respondent has agreed for

uninterrupted use of the drainage pipeline

passing

through

the

area

allotted

to

plaintiff/respondent.

6.

Both the parties seek the leave of the

court to present appropriate application,

map showing the details of the settlement

to be presented in the E.P. No.96/2018

pending on the file of 2^{n d} Addl. Senior

Civil Judge, Belagavi.

7.

In view of this joint memo the parties

admit that all their claims against each

other are settled once for all and that

they shall not rack up any dispute in

future.

8.

The contents of this joint memo shall be

binding

on

parties,

their

legal

heirs,

successors in interest and assignees.

9.

The parties have entered into this joint

memo out of their free will and full

knowledge. The contents are read over

and explained in kannada to the parties.

5

5.

Learned counsel for appellant submitted that

though Execution Petition No.96/2018 on the file of II

Addl. Senior Civil Judge, Belagavi, was closed due to

pendency of this appeal, the parties have agreed to

revive the same and by producing exact map or sketch

etc. in furtherance of this joint memo, they would get

a