RUKMINI Vs. CHENNAPPA GOWDA

JUDGEMENT

(1.) PETITIONER has assailed order dated 22.07.2013 passed by the Karnataka Appellate Tribunal in Revision Petition No. 37/2006 (Annexure -A to the writ petition); Order dated 02.05.2006 passed by the Deputy Commissioner, D.K., Mangalore in Case No. C.D.S. RAP 315/05 -06 (Annexure -D to writ petition); Order dated 28.10.2005 before the Assistant Commissioner, Puttur in Case No. EDS.R.E.D.R. 2/05 -06 (Annexure -C to writ petition) and the order 07.06.2005 passed by the Tahsildar, Sullia in Proceedings No. C.D. CIR -RA.C.KA 2/05 -06 (Annexure -B to writ petition). All these orders permit respondent No. 1 to construct a water course to carry water from Sy. No. 70 to Sy. No. 63/2C, which are in ownership and possession of respondent No. 1 through land bearing Sy. No. 63/1A & 63/2A.

(2.) IT is not in dispute that petitioner and respondent No. 1 belong to the same family. But there was past acrimony between the parties and there has been partition and separate possession of the lands in question. Possibly that acrimony has been vented in the form of these litigations.

(3.) AFTER negotiations, parties with the guidance of their respective counsel, have arrived at a settlement. Gist of which is that petitioner would permit respondent No. 1 to continue to transport water from the water pipes already laid in Sy. No. 63/1A & 63/2A, which is in the ownership and possession of the petitioner, subject to payment of a sum of Rs. 5,000/ - per annum per year. The said sum shall be payable every year commencing for the year 2014, i.e., by 31.12.2014 and a sum of Rs. 5,000/ - would be paid by respondent No. 1 to Smt. Hemavathi, W/o Late Dhruva Kumar, the daughter -in -law of the petitioner - Smt. Rukmini, who is a widow and is also a nominee of the petitioner, so long as water pipes are used for carrying water through petitioner's land, i.e. from one portion of respondent No. 1's land, to another portion of his land through petitioner's land, every year.