GANGAVVA Vs. BASAPPA BAPU NAARUTI

JUDGEMENT

(1.) .-Heard the learned Counsel for the petitioner and the counsel for respondents 1 to 3.

(2.) Since these two petitions arise out of the same suit viz., O.S. No. 211/1996 and the parties are same in these two petitions, they are disposed of by this common order.

(3.) The petitioner in these two petitions is the plaintiff in the said suit and the respondents are the defendants. The petitioner filed the said suit against the defendants contending that she is the owner of Sy. No. 1525/3B of B. Bagewadi. Defendants 1 to 2 are the owners of Sy. No. 1525/2 of B. Bagewadi. During the measurements of both the lands, it is found that defendants 1 and 2 encroached the land of plaintiff to the extent of 1 acre 7 guntas and therefore filed the suit or possession of 1 acre 7 guntas of land viz., Sy. No. 1525/313 of B. Bagewadi. In the said suit the plaintiff filed the application under Order 23 Rule 3 Civil Procedure Code contending that the petitioner and defendant No. 2 compromised the dispute before the elders and accordingly an agreement came into existence, and for the said compromise agreement, defendant No. 3 also signed. The elders settled the dispute of plaintiff and defendant No. 2 in respect of the said encroachment and in view of the advise of elders, defendant No. 2 agreed and handed over the encroached area of 1 acre 7 guntas to the plaintiff. Defendant No. 2 has dug a well in the said encroached area and defendant No. 2 agreed to give up his claim over the said well by receiving Rs. 65,000.00 from the plaintiff. Accordingly, the husband of the plaintiff gave Rs. 65,000.00 before the elders to defendant No. 2 who relinquished his claim over the said well and handed over the possession of the said encroached area measuring 1 acre 7 guntas to the plaintiff. On the same day, defendant No. 2 executed an agreement in favour of the plaintiff and her husband. Therefore, she prayed for decreeing the suit on the basis of the compromise.