DIGAMBAR RAO S/O VITHAL RAO@JEEVANRAO KULKARNI AND ANR vs MANIKRAO S/O VITHAL RAO JEEVANRAO KULKARNI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11681
RSA No. 7411 of 2013
CNR: KAHC030061662013
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
REGULAR SECOND APPEAL NO. 7411 OF 2013 (DEC/INJ)
BETWEEN:
1. DIGAMBAR RAO
S/O VITHAL RAO @
JEEVANRAO KULKARNI,
AGED: 54 YEARS,
OCC: PENSIONER,
R/O. H. NO. 10-854
BRAHMPUR, GULBARGA,
NOW RESIDING AT CHITTAPUR,
GULBARGA DISTRICT-585102.
2. NARAYAN RAO
S/O VITHAL RAO @
JEEVANRAO KULKARNI,
AGED ABOUT 62 YEARS,
OCC. RETD. GOVT. SERVANT,
R/O. H. NO. 10-855,
BRAHMPUR,
GULBARGA-585102
…APPELLANTS
(BY SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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RSA No. 7411 of 2013
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AND:
MANIKRAO
S/O VITHAL RAO
JEEVANRAO KULKARNI,
AGED: 72 YEARS,
OCC. RETD. GOVT. SERVANT,
R/O. H.NO.10-855
(WESTERN PORTION),
BRAHMPUR
GULBARGA-585102
…RESPONDENT
(BY SRI. V. M. ASHRIT, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF THE CPC,
PRAYING TO ALLOW THIS APPEAL AND TO SET ASIDE THE
JUDGMENT AND DECREE DATED 13.08.2013 PASSED IN
R.A.NO.20/2011 BY THE II-ADDL. SENIOR CIVIL JUDGE AT
GULBARGA, CONFIRMING THE JUDGMENT AND DECREE DATED
5.2.2011 IN O.S.NO.248/2008 PASSED BY THE V-ADDL. CIVIL
JUDGE (JR., DN.,) AT GULBARGA, AND TO PASS AN
APPROPRIATE ORDERS.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
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RSA No. 7411 of 2013
CNR: KAHC030061662013
ORAL JUDGMENT
1. Appellant No.2 and son of appellant No.1 are
present. Appellant No.1 and the respondent
appeared through Whatsapp video call as they are
more than 80 years old and are unable to appear
before the Court physically.
2. The son of appellant No.1 made a WhatsApp video
call from Mobile No.9380165659 to Mobile
No.9663845405. Similarly, Sri V. M. Ashrit, learned
counsel, made a WhatsApp video call from Mobile
No.9060456211 to Mobile No.9019199121, thereby
enabling the Court to put a query to appellant No.1
and the respondent regarding the compromise
petition.
3. Parties are identified by their respective counsels.
Parties have filed compromise petition which reads
as under:
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RSA No. 7411 of 2013
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“The parties to the suit most humbly submit
as under
1. That, the parties at the intervention of
well-wishers, have settled their dispute out of
the court to put an end to the long-drawn
litigation in respect of the suit property in the
following terms:
a. That, the suit property comprises of two
houses bearing No. 10-854 with total area of
262 Sq. Meters and H. No. 10-855 totally
measuring 224.76 Sq. Meters. It is admitted
by the parties that, the appellant No. 1 is in
possession of H. No 10-854 and appellant
No.2 is in possession of portion of house
property No. 10-855 (Eastern portion)
measuring to the extent of 115.30 Sq. Meters
and respondent is in possession of H. No. 10-
855 (Western Portion) measuring 109.45 Sq.
Meters.
b. That, we brothers, have amicably decided
and accepted to retain the respective portion
wherein we are in possession, towards our
respective share, for which one of us have no
objection whatsoever.
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c. The portion fallen to the respondent, Manik
Rao, is in the House No. 10-855 bearing CTS
No. 2248 Western Portion marked with letters
"ABCJK" of which "CJ" is a common wall
between the respondent and appellant No. 2
measuring in area 109.46 Sq. Meters (Marked
in RED COLOUR in the annexed map)
bounded as under.
East : Remaining House property
bearing No.10-855 fallen to
the share of appellant
No. 2 i.e. Narayan Rao
West : Drain and then open space of
Devarao Deshmukh Now
shown as Road
North : Common passage for
H.No.10-854 and 10-855
thereafter Panduranga Temple
South : House of Harinal Narayan Rao
Abhyankar
d. The Eastern Portion of H. NO. 10-855 CTS
N. 2248 fallen to the share of appellant No.2,
Narayan Rao, measuring in area of 115.30
Sq. Meters marked with letters "CEIHJ" of
which "EI" is a common wall between
appellant No. 2 and appellant No. 1 (Marked
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in YELLOW Colour in the annexed map)
bounded as under
East : House property bearing
No.10-854 fallen to the share of
appellant No.1 i.e. Digambar Rao
West : House property fallen to the
share of respondent Manik Rao,
North : Common passage for
H.No.10-854 and 10-855
thereafter Panduranga Temple
South : House of Harinal Narayan Rao
Abhyankar
e. Entire H.NO.10-854 CTS N. 2247
measuring 262 Sq. Meters is fallen to the
share of appellant No.1, Digambar Rao,
marked with letters "EFGHI" of which "EI" is a
common wall between appellant No. 2 and
appellant No. 1 (Marked in GREEN Colour in
the annexed map) bounded as under
East : House property bearing
No.10-855 fallen to the share of
appellant No.2 i.e. Narayan Rao
West : Govt. Public Lane
North : Common passage for
H.No.10-854 and 10-855
thereafter Panduranga Temple
South : House of Harinal Narayan Rao
Abhyankar
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Thus there is no dispute between the parties
with regards to demarcation of the properties
fallen to their respective shares. The annexed
sketch map is made part and parcel of this
compromise petition.
f. It is further agreed that, the parties to this
petition shall enjoy their respective properties
as absolute owners in possession as per their
share mentioned above and shall not interfere
with portions fallen to others in any manner.
g. It is settled that, so far as enjoyment of
common wall is concerned, if any one of the
party intends to take up new construction of
the portion fallen to his share, in that event,
an option be given to other sharer of the
common wall to retain it exclusively OR if they
want to maintain the common wall as it is,
then, both of them shall share the expenses
either for repair or reconstruction, depending
upon the circumstance that warrants for
better enjoyment of their respective shares. It
is further made clear and agreed between the
parties, if any of the common sharer of the
common wall wants to leave it, then, he shall
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have to leave a minimum area of set back as
per building bye laws.
2. That, this petition is drafted as per our
instructions and same being read over and
made clear and after understanding the same
as true and correct with the assistance of our
respective sons, have put our signatures to
this petition with our free will and consent and
without any fraud or coercion
3. That, the parties are entitled to get their
names in terms of the this compromise
petition and the parties shall cooperate with
each other to get their names entered in the
corporation records in respect of the
properties fallen to their respective share.
4. It is further settled that the parties shall
bear their own cost.”
4. The contents of the compromise petition was read
over and explained to them in the language known to
them. They have accepted the terms and conditions
of the compromise petition and pray to dispose of
the appeal in terms of the compromise petition.
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RSA No. 7411 of 2013
CNR: KAHC030061662013
5. The compromise petition is taken on record.
6. I have perused the compromise petition. There is no
legal impediment for this Court in accepting the
compromise petition. Accordingly, the compromise
petition is accepted.
7. In view of the above, the appeal is disposed of in
terms of the compromise petition.
8. Draw the decree in terms of the compromise petition.
Sd/-
(ASHOK S. KINAGI)
JUDGE
NB
List No.: 2 Sl No.: 12
Ct:pk