The High Court
Case Details
- 1 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 450 OF 2023 (PAR) BETWEEN: 1. SRI. SHIVASWAMY, S/O LATE MARAPPA, AGED ABOUT 49 YEARS, 2. SRI. MUDDAHANUMAIAH, S/O LATE MARAPPA, AGED ABOUT 44 YEARS, ALL ARE RESIDING AT DOMBARAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 562 123. (BY SRI. VIJAYA KUMAR K, ADVOCATE) AND: 1. SMT. VIJAYALAKSHMI, W/O LATE NARASIMHAMURTHY, AGED ABOUT 54 YEARS, 2. KISHORE GOWDA
Legal Reasoning
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka …APPELLANTS - 2 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 S/O LATE NARASIMHAMURTHY, AGED ABOUT 18 YEARS, RESPONDENTS NO.1 AND 2 ARE RESIDING AT NO.12/6, DOMBARAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 123.
Legal Reasoning
3. SMT. SIDDAGANGAMMA, D/O LATE MARAPPA, W/O NATARAJA, AGED ABOUT 55 YEARS, 4. SMT. JAYALAKSHMI D/O LATE MARAPPA W/O SRI. DEVARAJ AGED ABOUT 51 YEARS RESPONDENT NO. 3 AND 4 ARE RESIDING AT DOMBARAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 123. …RESPONDENTS (BY SRI. LOKESH K, ADVOCATE FOR R1 AND R2; SRI. SHEKARRAPPA, ADVOCATE FOR R3 AND R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.11.2021 PASSED IN OS No.397/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 3 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VENKATESH NAIK T) This appeal is directed against the judgment and decree dated 30.11.2021 passed by the learned Senior Civil Judge and J.M.F.C., Nelamangala in O.S.No.397/2018 by urging various grounds. 2. Sri. Vijaya Kumar K., learned counsel appearing for appellants along with appellants and Sri. Lokesh K., learned counsel appearing for the respondent Nos.1 and 2 and Sri. Shekarappa, learned counsel appearing for the respondent Nos.3 and 4 along with their respective respondents are present before the Court physically. 3. Learned counsel for the parties submits that the issues between appellants and respondents are settled and they have filed compromise petition. 4. The compromise petition reads as under : - 4 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 1. The Appellants have filed the above appeal as aggrieved by the judgment and decree passed in O.S.No.397/2018 by the Hon'ble Senior Civil Judge & JMFC at Nelamangala, dated 30.11.2021. 2. Pursuant to the filing of the above appeal, at the intervention of well-wishers, friends and relatives the appellants and respondents have amicably settled the dispute in respect of the suit schedule properties. filed 3. The respondents No.1 and 2 have O.S.No.397/2018 for the relief of partition and separate possession in respect of the suit schedule properties and consequential relief of permanent injunction. After contest vide 30.11.2021 O.S.No.397/2018 was partly decreed in respect of Item No.1 to 3 of the suit schedule properties, the suit in so far as Item No.4 is dismissed. The trial court ordered that the plaintiffs are jointly entitled to 1/5th share in Item No.1 to 3 of the suit schedule properties. judgment decree dated and 4. The appellants submit that, the appellants and respondents have agreed to divide the item No.1.2 and 4 of the suit schedule properties in the following manner. 'A' schedule properties are allotted to the share of Respondent No.3/Siddagangamma. 'B' schedule properties are jointly allotted to the share of respondents No.1 and 2/Vijayalakshmi & Kishore Gowda. 'C' schedule properties are allotted to the share of respondent No.4/Jayalakshmi. 'D' schedule properties are allotted to the share of appellant No.1/Shivaswamy. 'E' schedule properties are allotted to the share of appellant No.2/Muddahanumaiah. 'F' schedule properties jointly are allotted to the share of appellants No.1 and 2/ Shivaswamy and Muddahumaiah. 5. The appellants and respondents have agreed and conceded that except the properties described in this compromise petition, there are no other properties - 5 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 available respondents. for partition between the appellants and 6. The appellants and respondents have agreed to transfer the revenue records into their respective names in respect of the properties allotted to them in this compromise petition before the jurisdictional revenue authorities, the revenue authorities should have to enter the names of the appellants and respondents in respect of the properties allotted to the respective parties in this compromise petition. 7. The appellants and respondents concede that they are at liberty to get the revenue records changed into their names into their respective shares before the jurisdictional revenue authorities and they are at liberty to hold, possess, enjoy and encumber the said properties in any manner and for which each parties have no objection. 8. The appellants and respondents have agreed and concedes that the judgment and decree passed in O.S.No.397/2018 dated 30.11.2021 passed by the Senior Civil Judge and JMFC at Nelamangala may kindly be modified and consequently office is directed to draw the final decree as per the terms of this compromise petition. 9. The movable properties available in joint family are allotted to the share of Appellants herein. The Respondents will not claim any right, title and interest or share in the movable properties. 10. The appellants and respondents further admits that they have entered into this compromise out of their own volition, free will and without any undue influence, or coercion from any angle and they have signed this compromise after verifying and understanding the terms of this compromise. WHEREFORE appellants, respondents above named most humbly pray that this Hon'ble Court may be pleased to direct the office to draw the final decree in term of this compromise petition by modifying the preliminary decree passed in O.S.No.397/2018, dated 30.11.2021, passed by the Senior Civil Judge and JMFC at Nelamangala, in the interest of justice and equity. - 6 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 'A' SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF SIDDAGANGAMMA (RESPONDENT NO.3 HEREIN) 1. All that piece and parcel of the site bearing No.37, 38, 39, 40, & 41, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 150 feet, North to south 40 feet, totally measuring 6000 sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.36, West by: Site No.42, North by: Site Nos.28, 29, 30, 31, 32, South by: Road. 2. All that piece and parcel of the site bearing No.20, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 30 feet, North to South 40 feet, totally measuring 1200 sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.19, West by: Site No.21, North by: Site No.17, South by: Road. 'B' SCHEDULE PROPERTIES JOINTLY ALLOTTED TO THE SHARE OF VIJAYALAKSHMI & KISHORE GOWDA. (RESPONDENTS NO.1 AND 2 HEREIN) 1. All that piece and parcel of the property bearing Sy.No.101/2, measuring 0.28 guntas, out of 2 acres 05 including 02.08 guntas karab, situated at guntas Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Sy.No.101/4, West by: Remaining portion in same Sy.No., North by:Remaining portion in same Sy.No., - 7 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 South by: private property. 2. All that piece and parcel of the site bearing No.2, Khaneshumari Khatha No.16, measuring East to West 97 feet, North to South 30 feet, totally measuring 2910 sq feet, situated at Dombarahalli Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.1, West by: PWD Road, North by: Property B.M. Hanumanthappa, South by: Property belongs to Hanumalah and his sons. 3. All that piece and parcel of the site bearing No.42, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 20 feet, North to south 40 feet, totally measuring 800 sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.41, West by: private property, North by: Site No.27, South by: Road. 'C' SCHEDULE PROPERTIES ALLOTTED TO THE JAYALAKSHMI(RESPONDENT NO.4 SHARE OF HEREIN) 1. All that piece and parcel of the site bearing No.8, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 30 feet North to South Eastern side 37 feet, Western side 36.6 feet, totally measuring 1104 Sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.07, West by: Site No.09, North by: private property, South by: Road. - 8 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 2. All that piece and parcel of the site bearing No.9. assessment No.101/2, formed in Sy.No.101/2, measuring East to West 30 feet, North to South Eastern side 36.6 feet, Western side 36 feet, totally measuring 1089 Sa feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.08, West by: Site No.10, North by: Private property, South by: Road. 3. All that piece and parcel of the site bearing No.12, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 30 feet, North to south 40 feet, totally measuring 1200 Sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.13, West by: Site No.11, North by: Road, South by: Site No.25. 4. All that piece and parcel of the site bearing No.17, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 30 feet, North to South 40 feet, totally measuring 1200 Sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.18, West by: Site No.16, North by: Road, South by: Site No.20. 5. All that piece and parcel of the site bearing No.21, assessment No. 101/2, formed in Sy.No.101/2, measuring East to West 30 feet North to South 40 feet, totally measuring 1200 Sq feet, situated at Lakshmipura - 9 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.20, West by: Site No.22, North by: Site No.16, South by: Road. 6. All that piece and parcel of the site bearing No.26, assessment No.101/2, formed in Sy.No.101/2, measuring East to West 20 feet North to South 40 feet, totally measuring 800 Sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Site No.25, West by: Private property, North by: Site No.11, South by: Road. 7. All that piece and parcel of the portion of the site No.25 formed in Sy.No. 101/2, measuring East to West 15 feet North to south, 40 feet totally measuring 600 Sq feet, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Eastern portion of Same Site, West by: Site No.26, North by: Site No.12, South by: Road. 'D' SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF SHIVASWAMY(APPELLANT NO.1 HEREIN) 1. All that piece and parcel of the property bearing Sy.No.101/4, measuring 1 acre 03 guntas, out of 2 acres 05 guntas, including 0-2.12 guntas of Kharab, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: Private property, - 10 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 West by: E schedule property allotted to property in Sy.No.101/4. Muddahanumaiah North by: Private property, South by:Private property. 2. All that piece and parcel of the property bearing Sy.No.31, measuring 14 guntas, out of 3 acres 19 guntas, including 0-08 guntas of Kharab, including existing houses and shops, situated at Dombarahalli Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by:Road, West by: E schedule property allotted Muddahanumalah in Sy.No.31, to North by: 20 feet Road left in same survey number for ingress and egress to Muddahanumaiah and D.M. Ramanjinappa's Land, South by: Property of Hanumaiah children. 3. All that piece and parcel of the site bearing No.01, Khaneshumari Khatha No.16, measuring East to West 30 feet, North to South 30 feet totally measuring 900 Sq feet, situated at Dombarahalli Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: property of D.M. Hanumanthappa, West by: property belong to Smt. Vijyalakshmi and Sri Kishore Gowda, North by: Property of D.M. Hanumanthappa's, South by: Property of Hanumaiah and his children. 'E' SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF MUDDAHANUMAIAH (APPELLANT NO.2 HEREIN) 1. All that piece and parcel of the property bearing Sy.No.101/4, measuring 1 acre, out of 2 acres 03 guntas, including 0-2.12 guntas of Kharab, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. - 11 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 East Sy.No.101/4, Shivaswamy in by: E-schedule property allotted to West by: Sy.No.101/2 Property. North by: Private property, South by: Private property. 2. All that plece and parcel of the property bearing Sy.No.31, measuring 16 guntas, out of 3 acres 19 guntas, including 0-08 guntas of Kharab, situated at Dombarahalli Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East by: D schedule property allotted Shivaswamy property in Sy.No.31. to West by: Private Property, North by: Property of D.M. Ramanjinappa, South by: Property of Hanumaiah's children. "F" SCHEDULE PROPERTIES JOINTLY ALLOTTED TO THE SHARE OF SHIVASWAMY AND MUDDAHUMAIAH (APPELLANTS NO.1 AND 2 HEREIN) 1. All that piece and parcel of the property bearing Sy.No.101/2, measuring 1 acre 17 guntas, out of 2 acres 05 guntas, including 0-0-2.08 guntas of Kharab, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk and bounded on. East Sy.No.101/4, by: Muddahanumaiah property in West by: Private property, North by: Private layout, South by: Vijayalakshmi property in Sy.No.101/2. 5. The contents of compromise petition are read over to the parties, in the language known to them. They agreed the - 12 - NC: 2025:KHC:17573-DB RFA No. 450 of 2023 terms of compromise petition as true and correct. We are satisfied that, the compromise is free and voluntary one. The said compromise petition is taken on record. 6. In view of the compromise entered between the parties, the judgment and decree dated 30.11.2021 passed by the learned Senior Civil Judge and J.M.F.C., Nelamangala in O.S.No.397/2018 is hereby set aside and office is directed to draw final decree in terms of compromise petition. Accordingly,
Decision
the appeal is disposed of. 7. Consequent upon disposal of the appeal, pending I.A's if any, are also stands disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 29 CT: BHK