The High Court
Case Details
- 1 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1053 OF 2016 (PAR) BETWEEN: M.N. MAHADEVAPPA S/O BASAPPA SINCE DEAD BY HIS LRS SMT. RUDRAMMA W/O MAHADEVAPPA DEAD BY HER LEGAL REPRESENTATIVES 1. KAMALAMMA D/O MAHADEVAPPA, W/O SHIVALINGAPPA AGED 64 YEARS, R/O LINGADAHALLI, CHANNAGIRI TALUK, DAVANGERE DISTRICT 577 217 2. SUVARNAMMA D/O MAHADEVAPPA, W/O CHANDRAPPA, AGED 52 YEARS, R/O SANGOLLI RAYANNA ROAD, 5TH CROSS, HOSANAGARA EXTN., PRESENTLY R/AT NEAR RMD COMPOUND YARD, VINOBANAGAR, SHIVAMOGGA CITY – 577 701 3. RUDRAPPA S/O MAHADEVAPPA, AGED 67 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 4. LOKESHAPPA S/O MAHADEVAPPA, AGED 46 YEARS 5. MAHESHA S/O MAHADEVAPPA, AGED 46 YEARS APPELLANTS 3,4 AND 5 ARE R/O SIDDLIPURA, KOTEGANGUR POST, KASABA HOBLI, SHIVAMOGGA TALUK – 577 701 …APPELLANTS (BY SMT. PUSHPALATHA G., ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: ARIYAPPA DEAD BY LEGAL REPRESENTATIVES 1. SMT. RATHNAMMA W/O SHIVAPPA B R., D/O LATE ARIYAPPA, AGED 65 YEARS, HOUSEWIFE, R/O BIDARE VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 201 (DELETED AS PER ORDER DATED 25.04.2025)
Legal Reasoning
2. SMT. GIRIJA @ GIRIJAMMA W/O BASAVARAJAPPA, D/O LATE ARIYAPPA, AGED 60 YEARS, HOUSEWIFE, R/O DIBBADAHALLI VILLAGE, MALEBENNUR, HARIYUR TALUK, DAVANAGERE DISTRICT – 577 217 - 3 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 3. SHANMUKAPPA S/O LATE ARIYAPPA, AGED 54 YEARS, R/O SIDDIPURA, KOTEGANGUR POST, KASABA HOBLI, SHIVAMOGGA TALUK – 577 201 …RESPONDENTS (BY SRI. B C CHETHAN, ADVOCATE FOR C/R3 SRI. ANIL KUMAR SHETTY, ADVOCATE FOR SRI. S. SHAKER SHETTY, ADVOCATE FOR R2 V/O DATED 25.04.2025 R1 IS DELETED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.03.2016 PASSED IN R.A NO.12/2007 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.01.2007 PASSED IN OS NO.80/1978 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND C.J.M, SHIVAMOGGA. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The legal representatives of appellants No.3, 4 and 5 and respondents No.2 and 3 are present before the Court. They are identified by their respective counsels. 2. The appellants and respondents No.2 and 3 filed a compromise petition which reads as under: - 4 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 The Appellants have filed the above Appeal “I. challenging the Judgment and Decree passed by the III Addl. District Judge of Shivamogga dated 29.03.2016 in R.A.No.12 of 2007 confirming the Judgment and Decree dated 04-01-2007 passed by the Principal Civil Judge, Sr.Dn & CIM Shivamogga in O.S. 80 of 1978. II. The Respondents had filed original Suit No. 80 of 1978 declaring that they are entitled for half share in suit properties and for partition and separate possession of the suit schedule properties. The suit properties Consist of, SCHEDULE "A" in Siddlipura, Kasaba Hobli, Lands situated Shimoga Taluk. Sl.No. Survey No. Extent A.G. Kind Assessment 4-34 Dry 7-75 22-28 Wet & Dry 15-00 3-36 Dry 2-34 Wet & Dry 2-17 Wet & Dry 4-05 7-38 Wet Dry 4-35 Dry 3-00 Wet 1-50 4-00 3-50 6-00 2-75 1-75 4-00 1 2 3 4 5 6 7 8 9 1 8 9 77 79 80 86 96 81 LANDS SITUATE IN MUDDENAKOPPA VILLAGE, HARANAHALLI HOBLI, SHIMOGGA TALUK 10 11 12 48 49 51 3-35 Wet & Dry 11-00 3-15 Wet & Dry 9-00 3-29 Wet & Dry 11-00 13. House Property bearing House No.6, 7, and 8 situated in Siddlipura Village, Kasaba Hobli, Shimoga Taluk situated in Survey No.1, standing - 5 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 in the name of the First plaintiff and First defendant. 14. House property bearing No. Sl. No. 631/208/211/21 (1) 31 (2) 31(3) situated at Jayaprakash Narayan Road, Shimoga, Mangalore tiled house, assessment Rs. 218-75. 15. "B" Suit schedule consists of movable properties such as Gold & Silver, buffalo, cows, bullocks, Paddy, Ragi, grains. III. It is submitted that during the pendency of the suit, Item No.2 of the Schedule 'A' property was acquired by KIADB and Compensation of Rs.3,15,35,000/- (Rupees Three Crores Fifteen Lakhs Thirty Five Thousand Only) which was deposited in erstwhile called as (State Bank of Mysore Now State Bank of India) of State Bank of India, P.B.No.80, Sharoff Complex, Shivamogga bearing Account No. 32986995064. As on this day the accrued interest of the deposited amount comes as on 31.03.2025, is Rs.6,26,98,374/- (Rupees Six Crores Twenty Six Lakhs Ninety Eight Thousand Three Hundred and Seventy Four Only). IV. The Appellants and Respondents during the pendency of the above Appeal at the intervention of the well-wishers and friends have negotiated and settled the entire dispute arose in O.S. 80 of 1978 in respect of the suit schedule Properties. V. The Appellants and the Respondents submits that Sy.No.1 is provided with the sub number Sy.No.1/1, 1/2 & 1/3. Sy.No. 9 is provided with sub number 9/1 & 9/2, Sy.No. 80 is provided with sub number 80/1, 80/2 & 80/3. Sy.No. 86 is provided with sub number 86/1 & 86/2, Sy.No. 96 is provided with sub number 96/1, 96/2 & 96/3. VI. The Appellants No.1 & 2 Smt. Kamalamma & Smt. Suvarnamma, have executed a Registered relinquishment deed dated on 01.03.2013 registered Document.No. SMG-4-00373-2012-13, Book. No.1, Stored in C.D.No. SMGD167, dated 01.03.2013, in the Office of the Sub-Registrar, - 6 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 Shimogga in favour of their brother Sri. Rudrappa ((Appellabt.No.3). The copy of the Registered relinquishment deed dated 01.03.2013 is herewith produced for the kind perusal of this Hon'ble this Court. Hence Compromise Petition. they are not party to VII. The Appellant. No. 4 has sold a portion of land measuring 5 acres of land in Sy.No.8 i.e., Item No.2 of the Schedule 'A' property by way of Registered Sale Deed dated 24.12.2007, in favour of Sri. E.Y. Suresh. S/o Sri. Ellogi Rao, which was acquired by KIADB. VIII. It is agreed between the Appellants and Respondents that, the Appellants have agreed to give 42% to the Respondents in the 'A' suit schedule properties and they will retain 58% in the "A" Suit Schedule Properties. The terms to Compromise are as under:- IX. It is agreed between the Appellants and Respondents that, the Appellants shall retain 58% schedule properties and of Respondents have agreed to take 42% in the "A" suit schedule properties Item. No.1 to Item.No.13. suit the "A" X. It is agreed between the Appellants and the Respondents that the ' Schedule Properties which are movable properties, are now n available for Partition XI. The share of the Appellants together is as under:- Lands situated Shivamogga Taluk. in Siddlipura, Kasaba Hobli, Sy. No. Sl. No . 1 1 Total Extent A.G 4.34 Kind 58% Share Boundaries Dry 2 acres 32 guntas along with one portion house square 35 East – Sy.No.1 remaining portion West – Sy.No.2, Road North – Sy No.97 - 7 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 building South – Gram Thana Road Acquired by KIDB 2 8 3 9 3.36 Wet & Dry Dry 2 acres 10 guntas 4 77 2.34 Wet & Dry 5 79 2.17 Wet & Dry 2 acres 34 guntas acre 1 guntas 17 6 80/1 80/2 80/3 1.01 Wet 0 1.01 Wet 0 0 7 86 7.38 Dry 4 acres 24 guntas in Sy.No.86/1 8 86/2 96 96/1 4.35 1.20 Dry Dry Dry 0 35 guntas 96/2 96/3 1.20 1.33 Dry Dry 0 1 acres 33 guntas 9 81 2.35 Wet 2 acres 35 guntas East –Sy.No.4 West – Sy.No.9 Remaining Portion North – Sy.No.8 (KIDB) South –Road East-Sy.No.76 West – Sy.No.79 North Sy.No.85 South – sy.No.78 East – Sy.No.77 West – Remaining portion of Sy.No.79 North – Sy.No.83 South – Sy. No.78 - - East – Sy.No.80/3 Remaining Portion West – sy.No.81 North –Sy.No.83 South – Sy.No.78 East – Sy.No.86 Remaining portion West – Sy.No.85 North – Road South Sy.No.51, 68, 70, 72, 73 – East – Sy.No.95 West Sy.No.96/1 Remaining portion North – Sy.No.97 South – Road - East –Sy.No.95 West – Road North – Road South Road East – Portion in Sy.No.80/3 – Main - 8 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 West –sy.No.82 North – Sy.No.83 South – Sy.No.82 Lands situated in Muddenakoppa village, Haranahalli Hobli, Shimoga Taluk. 10 48 3.25 Wet & Dry 11 49 3.15 - do - 3 acres 25 guntas 1 acres 38 guntas 12 51 3.29 - do- 0 East – Sy.No.47 West – Sy.No.49 North – Sy.No.1 South – Sy.No.50 East –Sy.No.48 West- Remaining Portion North – Sy.No.1 South – Sy.No.50 - Sy.No.49 XI. The share of the respondents together is as under: Lands situated in Siddlipura, Kasaba Hobli, Shimoga Taluk. Sl. No. Sy. No. 1 1 Total extent A.G. 4.34 Kind Dry 2 3 8 9 Wet & Dry Dry 3.36 42% Share 2 acres 01 guntas along with one portion house 26 Square building 1 acres 25 guntas Boundaries East- Sy.No.97 West – Sy.No.1 Remaining Portion North – Sy.No.97 South Thana Road –Grama Acquired by KIDB Sy.No.8 East – Sy.No.9 Remaining Portion West- (KIDB) North (KIDB) South –Road –Sy.No.8 - 9 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 77 2.34 Wet & 0 - 4 5 79 Dry 2.17 Wet 1 acre 6 80/1 1.01 Wet 80/2 1.01 Wet 80/3 2.03 Wet 7 86/1 6.10 Dry 1 acres 01 guntas 1 acres 01 guntas 2 acre 03 guntas 1 acre 25 guntas 86/2 1.28 Dry 1 acre 28 guntas 8 96 4.35 96/1 1.20 Dry Dry 25 guntas East 96/2 1.20 Dry 1 acres 20 guntas 96/3 1.33 81 Dry 2.35 Wet 0 0 9 East – Remaining portion of Sy.No.79 West- Sy.No.80/1 North – Sy.No.83 South – Sy.No.78 East –Sy.No.79 West – Sy.No.80/2 North – Sy.No.83 South –Sy.No.78 East –Sy.No.80/1 West – Sy.No.80/3 North – Sy.No.83 South –Sy.No.78 East –Sy.No.80/2 West – Sy.No.81 North – Sy.No.83 South –Sy.No.78 East – Remaining portion Sy.No.86/1 West – Sy.No.85 North – Road South – Sy.No.51, 68, 70, 72, 73 East –Sy.No.51 West – Sy.No.85 North – Railway Lane South – Road –Remaining portion Sy.No.96/1 West – Sy.No.96/2 North – Sy.No.97 South –Road East –Sy.No.95 West – Sy.No.97 North – Sy.No.97 South –Road - - Lands situated in Muddenakoppa Village, Haranahalli Hobli, Shimoga Taluk. - 10 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 10 48 3.35 Wet 0 - 11 49 3.15 & Dry -do- 1 acres 07 guntas 12 51 3.29 - do - 3 acres 29 guntas –Remaining East portion Sy.No.49 West – Sy.No.51 North – Sy.No.1 South –Sy.No.50 East –Sy.No.49 West – Sy.No.52 North – Sy.No.1 South –Sy.No.50 XII. The Appellants and Respondents have agreed to take share of 58% and 42% respectively in all the properties including the amount withstanding in the State Bank of India, M.V. Road, Shroff Complex, Tilak Nagar, Shivmogga. Accordingly, the amount that will be shared between and amongst the Appellants and Respondents is as under. It is further submitted that the amount agreed between the parties may be directed to be credited in their respective accounts. a. Appellant No.1 Smt. Kamalamma & Appellant No.2. Smt Suvarnamma has executed Registered Relinquishment Deed 01.03.2013 of their share in favour of their brother Sri. Rudrappa (Appellant No.3). b. The Bank may be directed to credit Rs. 65,49,312 (Rs. Sixty Five Lakhs Forty Nine Thousand Three Hundred Twelve) to account of Sri Rudrappa (Appellant No.3) bearing Account No. 62421690685, IFSC Code SBIN0017782, State Bank of India, Lingarajpuram, Trinity Complex, Bengaluru. c. The Bank may be directed to credit Rs.1,65,53,387 (Rs. One Crore Sixty Five Lakhs Fifty Three Thousand Three Hundred and Eighty Seven) to account of Sri Lokeshappa (Appellant No.4) Canara Bank, bearing Account No. 2907101012809, - 11 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 having IFSC Code CNRB0002907, Vinoba Nagar, Shivamogga. of d. The Bank may be directed to credit Rs.50,75,717 (Rs. Fifty Lakhs Seventy Five thousand Seven hundred and seventeen) to account S.M. Mahesha @ Maheshwarappa.S.M. (Appellant No.5) State India, bearing Account No. Bank of 10624027282 Code having SBIN0005619 situated at Shroff Complex, Shivamogga. IFSC Sri e. The KIADB had acquired Five acres of Land standing in the name of R.Y. Suresh Rao which was sold by Lokeshappa. The Bank may be directed to credit Rs.81,86,640 (Rs. Eighty One Lakhs Eighty Six Thousand Six Hundred and Forty) to account of Sri. Suresh Rao Ε.Υ. Canara Bank, bearing Account No. 1234101165507, IFSC Code CNRB0001234, Ootacamund, Commercial Road, Ooty. f. The Bank may be directed to credit Rs.2,63,33,316/- (Rupees Two Crores Sixty Three Lakhs Thrifty Three Thousand Three Hundred and Sixteen Only) to account of Sri.S.A. Shanumukhappa bearing Account No. 10624053198 having IFSC Code- SBIN0005619 State Bank of India situated at Shroff Complex, Shivamogga. XIII. The Appellants and Respondents have mutually agreed that in respect of Sy.No. 86/2 Item. No.7 of Schedule 'A' Property, the land has been acquired by the KIADB for extension of Railway Lane. The appellants have no objection for the Respondents to receive the compensation, so awarded from the concerned authority. XIV. In respect of Item No.13 of the Schedule 'A' property there is two portion of Residential premises, in which one portion Sri. Mahesha (Appellant.No.5) is residing and Sri. Shanmukappa (Respondent. No.3) is residing. The Appellants and - 12 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 Respondents have agreed to share the same in the same ratio i.e., 58% to the appellants and 42% to the Respondents. XV. The Appellants and Respondents have sold the suit property Item.No.14 of the Schedule 'A' property to one Sri. Ashwathanarayana Murthy S/o Late. Ventakanarasappa under the registered Sale as 28.03.2019, Deed Document.No. SMG-1-13381-2018-19, Book.No.1, Stored in C.D.No. SMGD471, dated 29.03.2019, in the Office of the Sub-Registrar, Shimogga. The same is not available for partition. registered dated The (Sri. No.3 Respondent. XVI. S.A. Shanumukhappa) in principal, has undertaken to compensate 33.33% to Respondent. No.1 (Smt. Rathanamma) in the ratio of 50% in respect of Late. Aariyappa share in all the Schedule 'A' Property Item.No.1 to Item.No.13, and also the compensation in the same manner, received by them from the KIADB, which is laying in State Bank of India situated at Shroff Complex, Shivamogga, even though he has received the total ratio of 42% from the appellants. Sri. suits against Ariyappa XVII. Sri. Mahadevappa S/o Late. Basappa had filed two S/o Sri.Mallappa & another for Permanent Injunction in O.S.No. 316/1978 and O.S.No.322/1978 before the Additional Munisiff, at Shimoga and obtained a Decree not to interfere with the peaceful possession of and enjoyment of the portion of Item No.1 of the Schedule 'A' property mentioned therein. Now the Appellants and respondents have agreed not to press the decree and agreed to bind themselves as per this Compromise Petition. XVIII. The Appellants and the Respondents have agreed that in one portion of Item.No.1 Schedule 'A' Property there is Late. Basappa S/o Erappa, who was residing in the aforesaid portion measuring East to West 54 feet and North to South 150 feet total measuring 8100 Square feet, along with 25 Square house building on let & licence basis. After his death his wife Smt. Girijamma and his son Sri. - 13 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 S.B. Nagendrappa are presently residing. The same has fallen to the share of these Respondents, as per the ratio. The Respondent keeps liberty to file a separate suit for eviction from the aforesaid premises after obtained the decree in the above appeal. XIX. The Appellants and the Respondents have agreed that in one portion of Item.No.8 Schedule 'A' Property there is Late. Parameshawarappa S/o Late. Rangappa, who was residing in the aforesaid portion measuring East to West 49 feet and North to South 80 feet total measuring 3920 Square feet, along with 24 Square house building on let & licence basis. After his death his wife Smt. Puttamma and his son Sri. Haladeshappa, Sri. Nagaraj & Sri. Ravi are presently residing. The same has fallen to the share of these Respondents, as per the ratio. The Respondent keeps liberty to file a separate suit for eviction from the aforesaid premises after obtained the decree in the above appeal. XX. The Appellants and the Respondents have agreed that, if there is any property in Item.No.1 to 14 Schedule 'A' Property which are less than actual measurement mentioned in the Schedule herein in the Compromise Petition, than the Appellants and Respondents have agreed to share the ratio on the same basis 58% to Appellants and 42% to Respondents as per the prevailing measurement. XXI. The Appellants and the Respondents have agreed to hand over the vacant possession of the Schedule Properties in Item.No.1 to 14 of Schedule 'A' Property fallen to their respective share, immediately after obtaining the decree at the hand of this Hon'ble Court. XXII. The Appellants and the Respondents have agreed to clear all the Encumbrance in respect of the Schedule Properties in Item.No.1 to 14 of Schedule 'A' Property fallen to their respective share, immediately after obtaining the decree at the hand of this Hon'ble Court and from the Compensation amount received from the KIADB, - 14 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 which is laying in State Bank of India, situated at Shroff Complex, Shivamogga. XXIII. It is submitted that "B" Schedule Properties consisted of Movable Properties. The Appellants and Respondents agree that those properties are not in existence as on this day. Hence, both the parties have agreed to forgo the claim over the Suit Schedule "B" Properties. XXIV. The Appellants and Respondents confirm that the shares falling to the share each of the Appellants and Respondents will be distributed amongst and between them. the pray
Decision
WHEREFORE, this parties Compromise Petition may please be taken on record, the above appeal may please be disposed of in terms of this Compromise Petition and Decree may be drawn in terms of settlement and grant such other further reliefs as are just.” that 3. The compromise petition was read over and explained to the parties in Kannada Language, known to them. They have accepted the terms and conditions mentioned in the compromise petition and accordingly, pray to dispose of the appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. The appeal is disposed of in terms of the compromise petition. - 15 - NC: 2025:KHC:17345 RSA No. 1053 of 2016 6. The office is directed to draw a decree in terms of the compromise petition. In view of the disposal of the appeal, I.A.No.1/2016 do not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE BVK