The High Court
Case Details
- 1 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 1406 OF 2018 (PAR-) BETWEEN: 1. SRI. RAJANNA S/O LATE HANUMANTHAIAH, DEAD BY HIS LRS 1(a) SMT. NAGARATHNAMMA W/O LATE. RAJANNA, AGED ABOUT 57 YEARS, 1(b) SMT. HEMA D/O LATE. RAJANNA AND W/O MAREGOWDA AGED ABOUT 38 YEARS, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka 1(c) SRI. ANIL KUMAR S/O LATE RAJANNA AGED ABOUT 36 YEARS, ALL ARE R/AT KULUVANAHALLI VILLAGE, TYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 111. …APPELLANTS (BY SRI. RAVISHA M G ., ADVOCATE FOR LR'S OF APPELLANT i.e., A1 (A TO C) ) - 2 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 AND: 1. SMT. SARASWATHAMMA @ SARASWATHI W/O LATE VENKATARAMANAPPA AGED ABOUT 60 YEARS, R/AT NO.3140, C BLOCK, 9TH CROSS, GAYATHRI NAGARA, BENGALURU - 560 021.
Legal Reasoning
2. SMT. GIRIJA B D/O LATE ASHWATHAMMA AND BASAVARAJU, W/O H M YOGESH, AGED ABOUT 35 YEARS, R/AT: NO.57, 1ST MAIN ROAD, NARASIMAYYANAPALYA, SUMMANAHALLI, BENGALURU - 560 091. 3. SMT. CHENNAMMA W/O LATE ANJINAPPA, AGED ABOUT 62 YEARS, R/AT NO.100, 4TH CROSS, NAGAPPA BLOCK, SRIRAMPURA, BENGALURU - 560 021. 4. SMT. THIMMAKKA W/O LATE VENKATESH, AGED ABOUT 58 YEARS, R/AT: 'SANIHA FARM', BENGALURU-MADHUGIRI MAIN ROAD, HALENAHALLI VILLAGE, NARASIPURA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN - 562 111. *re-typed and replaced vide chamber order dated 22-02-2025. - 3 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 5. SMT. HANUMAKKA W/O LATE THIMMADASAIAH, AGED ABOUT 69 YEARS, R/AT:NO.83, 7TH CROSS, JAIMARUTINAGAR, NANDHINI LAYOUT, BENGALURU - 560 096. 6. SMT. MAMATHA V W/O HARISH KUMAR M R D/O LATE VENKATESH, AGED ABOUT 34 YEARS, R/AT: 'SANIHA FARM', BENGALURU-MADHUGIRI MAIN ROAD, HALENAHALLI VILLAGE, NARASIPURA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN - 562 111. …RESPONDENTS (BY SRI. NAGA REDDY V., ADVOCATE FOR C/R1 & 2; SRI. B. KESHAVA MURTHY, ADVOCATE FOR R3; SRI. G.R.SHESHADRI, ADVOCATE FOR R4; SRI. N.MUNIVENKATAPPA, ADVOCATE FOR R5; SRI. HARISH KUMAR M.R., ADVOCATE FOR R6) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:13.4.2018 PASSED IN RA NO.236/2013 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED:2.9.2011 PASSED IN OS NO.935/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed by the appellant/defendant No.1 under Section 100 of CPC for setting aside the decree in O.S.No.935/2009 upheld by the I Addl District Judge in R.A.No.236/2013 decreeing the suit of the respondent Nos.1 to 3/plaintiffs by granting 1/6th share in the various items of the schedule property. 2. During the pendency of the appeal, all the legal representative of the appellant/defendant No.1 and respondents Nos.1 to 3/plaintiffs, respondent No.4 and 5/defendant Nos.2 and 3, and also respondent No.6, are present and filed joint compromise application under Order 23 Rule 3 read with section 151 of CPC in I.A.No.2/2015. As per the same the parties are ready to compromise in terms of the decree for taking 1/6th of the share of the property with little modifications and shares falling of properties mentioned as under; "SCHEDULE-A Allotted to the share of Smt. Saraswathamma @ Saraswathi - Respondent No.1/Plaintiff No.1: 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is *re-typed and replaced vide chamber order dated 22-02-2025. - 5 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 denoted as Part-5 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by: The Property allotted to the share of respondent No.2/Plaintiff No.2 Smt.Girija B in same Survey number. West by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Smt.Chennamma in same Survey number. North by: Property Channappa belongs to South by: Property bearing Sy.No.17/1 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through to Lakkenahalli and SY No. 17/1 Thyamagondlu Government Road) 2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 11 Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala -Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Thyamagondlu Village, Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-5 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property. bounded on: East by: Government road West by: Property bearing Sy.No. 13/2. *re-typed and replaced vide chamber order dated 22-02-2025. - 6 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 North by: The Property allotted to the share of Respondent No.2/Plaintiff No.2 Smt.Girija B in same Survey number. South by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Chennamma in same Survey number. 3. All that piece and parcel of Land 1¾ bearing Sy.No.35/1, measuring Guntas out of 10½ Guntas, situated at Kuluvanahalli Thyamagondlu Village, Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property. bounded on: East by: Private property West by: Property bearing Sy No.34. North by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number South by: The Property allotted to the share of Respondent No.4/Defendant No.2 & Respondent No.6 in same Survey number. SCHEDULE-B Allotted to the share of Smt. Girija B D/o Late Ashwathamma and Basavaraju - Respondent No.2/Plaintiff No.2: 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 *re-typed and replaced vide chamber order dated 22-02-2025. - 7 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-6 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by: Karab land in same SY Number and property bearing SY No.15, West by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi same Survey number. in North by: Property belongs to Channappa South by:Property bearing Sy.No.17/1 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 and Lakkenahalli Thyamagondlu Government Road) to 2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 - Tumkur Road) and 5 Guntas Kharab, situated Village. Thyamagondlu Hobli. Nelamangala Taluk. Bengaluru Rural District, which is denoted as Part-6 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property. (Nelamangala Kuluvanahalli at bounded on: *re-typed and replaced vide chamber order dated 22-02-2025. - 8 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 East by: Government road and SY No.14/3 West by:Property bearing Sy.No.13/2. North by:Lakkenahalli Border. South by:The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi same Survey number, in SCHEDULE-C: Allotted to the share of Smt. Chennamma - Respondent No.3/Plaintiff No.3: 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobil, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by : The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi same survey number, in West by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number, North by: Property belongs to Channappa South by: Property bearing Sy.No.17/1 *re-typed and replaced vide chamber order dated 22-02-2025. - 9 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through and SY No.17/1 Thyamagondiu Government Road) Lakkenahalli to 2. All that piece and parcel of Land bearing Sy.No. 13/3, measuring 11 Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala -Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Thyamagondlu Village, Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property, bounded on: East by: Govemment road West by: Property bearing Sy.No. 13/2. North by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 in Smt.Saraswathamma @ Saraswathi same Survey number, South by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka No.6 Mamatha V in same Survey number, Respondent and SCHEDULE-D Allotted to the share of Smt. Nagarathnamma, Smt. Hema, & Sri. Anil Kumar - Appellants NO.1(a) to (c) / LRs of Rajanna: *re-typed and replaced vide chamber order dated 22-02-2025. - 10 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village. Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by: The Property allotted to the share of No.3 Chennamma in same Survey number. No.3/Plaintiff Respondent West by: The Property allotted to the share of Respondent No.4/Defendant No.2 No.6 Thimmakka Mamatha V in same Survey number. Respondent and North by: Property belongs to Channappa South by: Property bearing Sy.No.17/1 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 and Thyamagondlu Government Road) Lakkenahalli to 2. All that piece and parcel of Land bearing Sy.No.13/3. measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala Tumkur Road) and 5 Guntas Kharab, situated at Thyamagondlu Village, Kuluvanahalli Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the *re-typed and replaced vide chamber order dated 22-02-2025. - 11 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property. bounded on: East by: Government road West by: Property bearing Sy.No. 13/2, North by: The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number. South by: National Highway No.48 3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 3½ Guntas out of 10½ Guntas, situated at Kuluvanahalli Village, Thyamagondlu Hobli Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property, bounded on: East by: Private property West by: Property bearing Sy.No.34. North by: The Property belongs Krishnappa. to South by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number. 4. All that piece and parcel of the residential property measuring about 85x65 feet consisting mud roofed house (Madras Tarasi house) which in is dilapidated condition and vacant space *re-typed and replaced vide chamber order dated 22-02-2025. - 12 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 thereof, presently Katha with old Property identification Number 117, Sl. No.108, as indicated in the demand register for the year 2024-25 issued by Kuluvanahalli at Grama Kuluvanahalli post, Village Thyamagondlu Hobli, Nelamangala Taluk, situated and Panchayat bounded on: East by: Road West by: Property belongs to Raghukumar North by: The Property belongs Krishnappa, South by: The Property belongs Ravikumar. to to SCHEDULE-E Allotted to the share of Smt. Thimmakka Respondent NO.4/defendant No.2 and Smt. Mamatha V/Respondent No.6: 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) number. same in Survey *re-typed and replaced vide chamber order dated 22-02-2025. - 13 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 West by: The Property allotted to the share No.5/Defendant No.3 Smt.Hanumakka in same Survey number, of Respondent North by: Property belongs to Channappa South by: property bearing Sy.No.17/1 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 and Thyamagondlu Government Road) Lakkenahalli to 2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 - Tumkur Road) and 5 Guntas Kharab, Village, situated Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property. (Nelamangala Kuluvanahalli at bounded on: East by:Government road West by: Property bearing Sy.No. 13/2. North by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Chennamma in same Survey number. South by: The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number. *re-typed and replaced vide chamber order dated 22-02-2025. - 14 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 1¾ Guntas out of 10½ Guntas, situated at Thyamagondlu Village, Kuluvanahalli Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property, bounded on: East by: Private property West by: Property bearing Sy.No.34. North by:The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma Saraswathi in same Survey number, @ South by:The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number. SCHEDULE-F Allotted to the share of Smt. Hanumakka Respondent No.5/Defendant No.3: 1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property. bounded on: East by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka No.6 Mamatha V in same Survey number. Respondent and *re-typed and replaced vide chamber order dated 22-02-2025. - 15 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 West by: Property bearing Sy.No.14/2B North by: Property belongs to Channappa South by: Property bearing Sy No.17/1 (in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 and Thyamagondlu Government Road) Lakkenahalli to 2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 - Tumkur Road) and 5 Guntas Kharab, situated Village, Thyamagandlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property. (Nelamangala Kuluvanahalli at bounded on: East by: Government road West by:Property bearing Sy.No.13/2. North by:The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka No.6 Mamatha V in same Survey number. Respondent and South by:The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number, *re-typed and replaced vide chamber order dated 22-02-2025. - 16 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 3½ Guntas out of 10½ Guntas, situated at Thyamagondlu Village, Kuluvanahalli Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property, bounded on: East by: Private property West by: Property bearing Sy.No.34. North by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka No.6 Mamatha V in same Survey number. Respondent and South by: The Property bearing Sy. No.35/2. SCHEDULE-G Equal share of Land Acquisition compensation total compensation with The Appellants and respondents agreed to withdraw their respective 1/6th share in its the accumulated interest if any, which is deposited as subject matter in L.A.C.Misc No.33/2022 pending before the Hon'ble VI Additional District and Session Judge. Bengaluru Rural District, Bengaluru for the acquisition of portion of Land bearing Sy.No.13/3 of Kuluvanahalli village, Thyamangondlu Hobli, Nelgamangal Taluk, Bengaluru Rural District as denoted hereunder; Saraswathamma @ a) Saraswathi Respondent No.1/plaintiff No.1 is entitle 1/6th share, *re-typed and replaced vide chamber order dated 22-02-2025. - 17 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 b) Girija B Respondent No.2/Plaintiff No. 2 is entitle 1/6th share, c) Chenamma Respondent No.3/Plaintiff No.3 is entitle 1/6th share, d) Nagarathnamma, Hema & Anil Kumar being LRs of Appellant No.1 jointly entitle 1/6th Share, e)Thimmakka Respondent No.4/defendant No.2 and Mamatha V/Respondent No.6 jointly entitle 1/6th share, f) Hanumakka Respondent No.5/defendant No.3 is entitle to 1/6th share. allotting the schedule 'A to F' for each 1/6th share as per the schedule 'A to F' respectively and in respect of some of the portion of the land filed for compensation said to be awarded as per the schedule 'G' and parties have agreed to divide equally the 1/6th of the share as per the schedule 'G'. 3. The terms of the compromise is that all the parties agreed for the same compromise in accordance with law. Hence, I.A.No.2/2025 is hereby allowed. 4. Consequently, the appeal is disposed of in view of terms of the compromise. *re-typed and replaced vide chamber order dated 22-02-2025. - 18 - NC: 2025:KHC:5800 RSA No. 1406 of 2018 Draw final decree accordingly. There are 3 sketches produced herein forming part of the final decree. In view of disposal of this appeal other pending interlocutory application does not survive for consideration. Hence, all other pending interlocutory applications are hereby
Decision
disposed of. Sd/- (K.NATARAJAN) JUDGE AKV List No.: 1 Sl No.: 43 CT:SK