The High Court
Case Details
- 1 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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. 281 OF 2020 (PAR) BETWEEN: 1. SHRI BYRAPPA (SINCE DEAD BY HIS LRS) 1.a SMT. M. SUSHEELAMMA (SINCE DEAD BY HER LRS’ I.E., APPELLANTS NO.2 TO 5 HEREIN) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA 2. SMT B. SAVITHA AGED ABOUT 44 YEARS D/O. LATE BYRAPPA 3. SHRI MURALIKUMAR AGED ABOUT 46 YEARS S/O. LATE BYRAPPA 4. MISS KUSHITHA AGED ABOUT 14 YEARS D/O. MURALIKUMAR NOTE: BEFORE BRINGING THE LEGAL HEIRS OF BYRAPPA, ONE OF HIS DAUGHTER SMT. BHARATHI, W/O MURALI WAS EXPIRED. HENCE, HERE HUSBAND MURALIKUMAR AND HER MINOR DAUGHTER MISS. KUSHITHA THE APPELLANT NO.3 AND 4 ARE MADE AS A PARTY IN O.S.NO.8882/2013. SINCE MINOR REPRESENT NATURAL GUARDIAN FATHER MURALIKUMAR I.E., APPELLANT NO.3 HEREIN. BY HER 5. SMT. BHANUMATHI AGED ABOUT 41 YEARS D/O. LATE B. BYRAPPA - 2 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 APPELLANTS NO. 2 TO 5 ARE RESIDING AT NO.7/1 15TH MAIN ROAD, 3RD BLOCK RAJAJINAGAR, BANGALORE-560010. 6. SMT GOWRAMMA AGED ABOUT 66 YEARS D/O. LATE CHINNAPPA
Legal Reasoning
7. SHRI GAJENDRA AGED ABOUT 63 YEARS D/O. LATE CHINNAPPA 8. SMT NAGARATHNA AGED ABOUT 61 YEARS D/O. LATE CHINNAPPA 9. SHRI YASHODHARA AGED ABOUT 56 YEARS S/O. LATE CHINNAPPA 10. SHRI LAKSHMINARAYANA AGED ABOUT 53 YEARS S/O. LATE CHINNAPPA 11. SHRI JANARDHAN AGED ABOUT 50 YEARS D/O. LATE CHINNAPPA APPELLANT NO. 6 TO 11 ARE RESIDING AT NO.37/Y 15TH MAIN ROAD, 3RD CROSS RAJAJINAGAR, BANGALORE-560010. 12. SHRI VENKATAIAH AGED ABOUT 89 YEARS S/O. CHOWDAPPA RESIDING AT NO.10 GATTIGERE, BEML LAYOUT 3RD STAGE, RAJARAJESHWARINAGAR BANGALORE-560098. - 3 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 13. SMT. BYAMMA AGED ABOUT 66 YEARS W/O. LATE C. LAKSHMAIAH 14. SMT. KAVITHA AGED ABOUT 38 YEARS D/O. LATE C. LAKSHMAIAH 15. SHRI KIRAN AGED ABOUT 36 YEARS S/O. LATE C. LAKSHMAIAH NOTE: IN O.S.NO.8882/2013 JUDGMENT APPELLANT NO.15 NAME WAS WRONGLY TYPED AS KIRAM. APPELLANTS NO. 13 TO 15 ARE RESIDING AT NO.7/1 15TH MAIN ROAD, 3RD BLOCK RAJAJINAGAR, BANGALORE-560010. 16. SHRI C. KRISHNAIAH AGED ABOUT 75 YEARS S/O. LATE CHOWDAPPA RESIDING AT NO.7/2 15TH MAIN ROAD, 3RD BLOCK RAJAJINAGAR, BANGALORE-560010. 17. SHRI BHOJRAJ AGED ABOUT 73 YEARS S/O. LATE CHOWDAPPA RESIDING AT NO.38/Y, 15TH MAIN ROAD 3RD BLOCK, RAJAJINAGAR BANGALORE-560010. NOTE: IN O.S.NO.8882/2013 JUDGMENT APPELLANT NO.17 NAME WAS WRONGLY TYPED AS BHORAJ. 18. SMT. MUNIYAMMA (SINCE DEAD BY HER LRS I.E., APPELLANT NO.6 HEREIN WHO IS THE WIFE OF MUNIYAMMA’S PREDECEASED SON KEMPANNA) - 4 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 SHRI. PAPAIAH (SINCE DEAD BY HIS LRs) 19. SHRI P. PURUSHOTHAMA AGED ABOUT 40 YEARS S/O. LATE PAPAIAH 20. SHRI JAYARAM AGED ABOUT 34 YEARS S/O. LATE PAPAIAH 21. SHRI P. GOPAL AGED ABOUT 32 YEARS S/O. LATE PAPAIAH APPELLANTS NO.19 TO 21 ARE RESIDING AT NO.5 GOTTIGERE VILLAGE BEML 3RD STAGE RAJARAJESHWARINAGAR BANGALORE-560098. 22. SMT. HEMAVATHI AGED ABOUT 52 YEARS D/O. LATE PAPAIAH W/O. LATE NARAYANASWAMY RESIDING AT NO.85 KATTRIGUPPE VILLAGE BSK 3RD STAGE, BANGALORE-560085. 23. SMT. BHAGYA P AGED ABOUT 50 YEARS D/O. LATE PAPAIAH W/O. NAGARAJ RESIDING AT NO.60 GORUGARE VILLAGE MAHADEVAPUR POST BANGALORE-560067. 24. SMT. SARASWATHI AGED ABOUT 44 YEARS D/O. LATE PAPAIAH - 5 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 W/O. THAMMAIAH RESIDING AT NO.203 3RD FLOOR, 80 FEET ROAD DR. RAJAKUMAR ROAD PRAKASH NAGAR BANGALORE-560021. 25. SMT. INDIRA MURTHY P AGED ABOUT 37 YEARS D/O. LATE PAPAIAH W/O. MURTHY RESIDING AT NO.27/1 VASANTHPURA MAIN ROAD KONANAKUNTE CROSS BANGALORE-560062. PLAINTIFF NO.15 NOTE: IN O.S.NO.8882/2013 WAS EXPIRED ON 14.09.2019. HENCE, HIS LEGAL HEIRS APPELLANT NO.19 TO 25 ARE MADE AS PARTIES IN THIS APPEAL. PAPAIAH SHRI I.E., 26. SHRI KUMAR L S AGED ABOUT 43 YEARS S/O. LATE C. LAKSHMAIAH, RESIDING AT NO.7/1 15TH MAIN ROAD, 3RD BLOCK RAJAJINAGAR, BANGALORE-560010. (BY SRI. MALLIKARJUN REDDY K S - ADVOCATE) …APPELLANTS AND: 1. SHRI N MUNISWAMY (SINCE DEAD BY HIS LRS) 1.a SMT. LAKSHMAMMA AGED ABOUT 78 YEARS W/O LATE N MUNISWAMY SINCE DEAD, REP.BY HER LRs RESPONDENTS NO.2 AND 4 - 6 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 2. SHRI. CHANDRASHEKAR AGED ABOUT 54 YEARS S/O. LATE N. MUNISWAMY 3. KUM. VIJAYALAKSHMI AGED ABOUT 49 YEARS D/O LATE N MUNISWAMY SINCE DEAD, REP.BY RESPONDENT NO.2 AND 4 4. SMT. SEETHLAKSHMI AGED ABOUT 46 YEARS D/O. LATE N. MUNISWAMY RESPONDENTS NO.2 AND 4 ARE RESIDING AT NO.6/Y 15TH AND 16TH MAIN ROAD 3RD BLOCK, RAJAJINAGAR BANGALORE-560010. NOTE: RESPONDENT NO.1 & 3 WERE EXPIRED AND THEIR LEGAL HEIRS ALREADY CAME ON RECORD AS RESPONDENTS NO.2 & 4 IN THIS APPEAL. …RESPONDENTS (BY SRI. R SHYAMA AND SATHISH KUMAR B K – ADVOCATE FOR RESPONDENTS NO. 2 AND 4) THIS RFA FILED UNDER SECTION 96 R/W ORDER XLI, RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.07.2019 PASSED IN O.S.NO.8882/2013 ON THE FILE OF THE XV-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. - 7 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 THIS RFA, COMING ON FOR 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 K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the XV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.8882/2013 dated 23.07.2019. 2. Learned counsel Sri Mallikarjun Reddy K.S. for the appellants and Sri R.Shyama and Satish Kumar B.K. for respondent Nos.2 to 4 are present before the Court physically. 3. Learned counsel for the parties have filed memorandum of compromise petition under Order XXIII Rule 3 of the CPC. The same reads as under: 1. The present appeal has been filed by the appellants herein against the respondents seeking to set aside the decree and judgment dated 23.07.2019 passed - 8 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 in O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3). 2. The appellants herein who were the plaintiffs in O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3) had institued the said suit seeking a declaration that the plaintiffs are entitled for ½ share in the suit schedule properties and partition of the suit schedule properties by metes and bounds and put the plaintiffs in separate and exclusive possession of their share. A counter claim came to be filed in the same suit in respect of the Counter Claim Schedule Property in the same suit O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3). 3. The said suit i.e., O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3) came to be dismissed vide Decree and Judgment dated 23.07.2019 and hence the appellants have preferred the present appeal. The Counter Claim of the Respondents/defendants also came to be dismissed vide common order passed O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3). - 9 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 4. At the intervention of elders, well-wishers and the respective advocate the parties herein have decided to enter into a compromise and wish to reach a full and final settlement of all matters and issues arising from the dispute described above only in respect of Item No.1 and 2 of the suit schedule properties. Therefore, in consideration of the mutual promises set forth, the parties agree to the following: a. The appellants/plaintiffs shall be entitled to jointly own Item No.2 of the suit schedule property as mentioned in the suit i.e., O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3). The respondents/defendants henceforth give up their rights, title or interest whatsoever over the Item No.2 in favour of the appellants/plaintiffs. As such the appellants/plaintiffs are free to treat Item No.2 as their absolute property and are free to treat the same in any manner they deem fit without reference to the Respondents/defendants. b. The respondents/defendants shall be entitled to jointly own Item No.1 of the suit schedule Property as mentioned in the suit i.e., O.S.8882/2013 on the file of the XV-Addl. City Civil and Sessions Judge, Bengaluru (CCH No.3). the appellants/plaintiffs henceforth have no rights, title or interest whatsoever over the Item No.1 of the suit - 10 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 schedule property. As such the respondents / defendants are free to treat Item No.1 as their absolute property and are free to treat the same in any manner they deem fit without reference to the appellants/plaintiffs. However the judgment of trial court as to the ownership of respondents is unaltered in respect of Item No.1 of suit schedule property. c. The appellants herein are jointly paying a sum of Rs.5,00,000/- (rupees Five Lakh only) in favour of the Respondent No.2 by way of cheque bearing No.000007, dated 23.04.2025 drawn on Bank of Baroda, Amarjyothinagar, Bangalore-560 040. d. The parties herein do jointly submit that the present compromise petition has been entered out of their own volition and that there is no force, threat, coercion or undue influence and the same is executed out of their own free will. e. Both the parties are at liberty to get the khatha effected in their names in respect of their respective item of properties and both of them shall have no objection for the same against each other. - 11 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 f. Both the parties withdraw all the allegations made against each other which are contrary to this compromise. Wherefore, both the appellants and respondents humbly pray that this Hon’ble court be pleased to draw a decree as per this compromise petition. SCHEDULE PROPERTIES ITEM No.1 (allotted to respondents jointly) All that piece and parcel of land bearing Site No.34, measuring East to West 45 feet and North to South 30 feet situated at 15th Main Road, III-Block, Rajajinagar, Bengaluru 560 010 and bounded on the East by : Site No.31 West by : Road North by : Site No.33 South by : Site No.35 ITEM No.2 (allotted to appellants jointly) All that piece and parcel of land bearing Site No.36, measuring East to West 45 feet and North to South 30 feet situated at 15th Main Road, III-Block, Rajajinagar, Bengaluru 560 010 and bounded on the East by : Private property West by : Road North by : Site No.35 South by : Site No.37 - 12 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 4. The parties to the compromise petition are present before the Court physically. They have subscribed their signatures in the presence of their respective counsel. Both the parties have mutually consented and agreed to compromise the matter as per the terms and conditions enumerated in the compromise petition and there is no force, threat, coercion or undue influence and the same is executed out of their own free will. 5. However, Section 151 of CPC indicates no limit for exercising inherent powers either effecting or affecting to make such orders as may be necessary; it is the first limb of the said provision. The second limb of the said provision indicates preventing abuse of process of the Court and the third limb indicates securing ends of justice, which is applicable to both the parties to the lis. Keeping in view the submission made by learned counsel for the parties and also, Section 151 of CPC, the compromise - 13 - NC: 2025:KHC:16305-DB RFA No. 281 of 2020 petition is taken on record and we proceed to pass the following:
Decision
ORDER The appeal is disposed of. Consequently, the judgment and decree rendered by the XV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.8882/2013 dated 23.07.2019 is modified in terms of compromise. Office to draw the decree accordingly. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB