Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13388 RFA No. 95 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 95 OF 2025 (PAR-)
BETWEEN:
N. B. KANCHIRAYA SINCE DEAD REP BY HIS LRS
1. SIDDAGANGAMMA W/O.N.B.KANCHIRAYA, AGED ABOUT 61 YEARS, R/AT NEERGUNDA POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT- 572212.
2.
SRI.JAGADISH N.K, S/O.N.B.KANCHIRAYA, AGED ABOUT 44 YEARS, R/AT NEERGUNDA POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT- 572 212.
3.
SRI. VENUGOPAL N.K, S/O.N.B.KANCHIRAYA, AGED ABOUT 42 YEARS, R/AT NEERGUNDA POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT- 572 212.
4. SMT.BRUNDA W/O.SURESH K.J D/O.N.B.KANCHIRAYA, AGED ABOUT 38 YEARS, R/AT GOVT. HOSPITAL ROAD, 3RD CROSS, KHAADI KRUPA, HIRIYUR, CHITRADURGA- 577 598 …APPELLANTS (BY SRI. N. KUMAR., ADVOCATE)
Digitally signed by NANDINI D Location: High Court of Karnataka
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NC: 2025:KHC:13388 RFA No. 95 of 2025
AND:
BHAVANAMMA DIED ON 26.11.2021 ISSUELESS.
1. SMT.KARIYAMMA W/O.LATE SHIVANNA, AGED ABOUT 62 YEARS, R/AT NEERUGUNDA VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, -572 227
2. SMT.RADHA W/O.RANGASWAMY D/O.LATE SHIVANNA, AGED ABOUT 47 YEARS, R/AT NO. THULASIKATTE VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT- 572 117
3.
SRI. RAVEESHA S/O.LATE SHIVANNA AGED ABOUT 43 YEARS, R/AT NEERUGUNDA VILLAGE, KASABA HOBLI, TURUVEKERE TALUK - 572 227
4. SMT.NALINA W/O.SURESHA D/O.LATE SHIVANNA KASABA HOBLI, AGED ABOUT 40 YEARS, KANCHAGHATTA VILLAGE, TIPTUR TALUK - 572 201
5. SRI.KANCHIRAYA S/O.LATE SHIVANNA AGED ABOUT 37 YEARS, R/AT NEERUGUNDA VILLAGE, KASABA HOBLI, TURUVEKERE TALUK - 572 227
6. SRI.JAYARAMA S/O.SANNABETTAIAH, AGED ABOUT 60 YEARS,
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NC: 2025:KHC:13388 RFA No. 95 of 2025
R/AT NEERUGUNDA VILLAGE, KASABA HOBLI, TURUVEKERE TALUK - 572 227
7. SRI.BASAVARAJU S/O.LATE SANNABETTAIAH, AGED ABOUT 66 YEARS, R/AT NEERUGUNDA VILLAGE, KASABA HOBLI, TURUVEKERE TALUK - 572 227 …RESPONDENTS (BY SRI. H.S. SHANKAR., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE., AGAINST THE JUDGEMENT AND DECREE DATED 23.02.2019 PASSED IN OS NO.28/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION; AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL JUDGMENT In this appeal, appellants have sought for the following reliefs:- i) Set aside the judgment and decree dated 23.02.2019 in O.S.No.28/2016 passed by Hon’ble Senior Civil Judge and JMFC at Turuvekere, by allowing this appeal and be pleased to dismiss the suit with costs as prayed for in the Plaint before the Trial Court and
ii) Pass such other relief/s as this Hon’ble Court deems fit to pass under the circumstances of the above case, in the interest of justice and equity.”
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NC: 2025:KHC:13388 RFA No. 95 of 2025
2.
Learned counsel for the appellants and learned counsel for the respondents have filed compromise petition duly signed by the appellant Nos.1 to 4, respondent Nos.1 to 7 and their respective counsel and the same is taken on record. 3. Appellant Nos.1 to 4, respondent Nos.1 to 7 and their respective counsel are physically present before the Court and they admit the contents of the Compromise Petition, which reads as under:-
“COMPROMISE PETITION UNDDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEURE - 1908. The Appellants and Respondents herein have entered into this compromise on the following terms and conditions. 1. The Appellants and the Respondents herein have settled their dispute amicably at the intervention of well wishers and elders voluntarily on their own without any force, coercion, and undue influence whatsoever. 2. It is submitted that the Hon'ble Trial Court after trial, by the Judgment and Decreed dated 23.02.2019 in O.S.No.28/2016 was pleased to decree the suit by granting 1/3 share in the all Suit Schedule Properties in favour of Plaintiff. Being aggrieved by the aforesaid Judgment, the deceased Defendant No.1 N.B.Kanchiraya has preferred Appeal in R.A.No.10031/2019 before 5th Addl. District and
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NC: 2025:KHC:13388 RFA No. 95 of 2025
Sessions Judge, at Tiptur. During the pendency of the aforesaid Appeal, the Bhavanamma, the Plaintiffs/Respondent No.1 therein died on 26.11.2021 issueless and the same was reported to the Hon'ble District Court. Further N.B.Kanchiraya, Appellant therein died on 29.02.2024 and hence application filed seeking to bring LR's of N.B.Kanchiraya before the Hon'ble District Court. During the pendency of aforesaid LR's Application, the Hon'ble District Court by the order dated 26.10.2024 was pleased to dismiss the Appeal in R.A.No. 10031/2019 for want of pecuniary jurisdiction as the 1/3 share of the Plaintiff is valued at Rs. 10,41,900/- and further granted liberty to proposed LR's of Appellant to approach this Hon'ble Court. Hence this Appeal. 3. It is submitted that the Hon'ble Trial Court decreed the suit holding that the Plaintiff, being the wife of late Kanchiraya and only legal representative of Channaiah is entitle for 1/3 share in the suit schedule properties. Thereafter during the pendency of Regular Appeal Proceedings, the Plaintiff Bhavanamma died on 26.11.2021 issueless and hence the Appellants and Respondents herein, being the clause-2 heirs are entitle to the share of the Plaintiff.
Due to intervention of well-wishers and family members, the Appellants and Respondents herein have arrived amicable settlement. As per the terms of the compromise, the Appellants and Respondents have agreed to share the suit schedule properties equally including the share of the Plaintiff as mentioned in the Schedule A & B Properties. - 6 -
NC: 2025:KHC:13388 RFA No. 95 of 2025
4. The appellants and respondents have herewith admits that they will not litigate here afterwards in any manner whatsoever with respect to the suit schedule properties. 5. The parties have entered this compromise out of their own volition, free will and there could not any coercion or threat or misrepresentation. 6. The contents of this compromise petition are read over and explained in the language known to them. WHEREFORE, the appellants and the respondents hereby pray that this Hon'ble court be pleased to decree the suit in terms of this joint compromise petition, in the interest of justice and equity. SCHEDULE "A" PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF RESPONDENTS]
1. Land bearing Sy.No.160, measuring 2 Acre 18½ Guntas out of 4 Acres 37 Guntas situated at Kunikenahalli Village, Kasaba Hobli, Turuvekere Taluk Bounded on;
East by Property belongs to Bande Basappa West by: Property belongs to Kariyamma, Basavaraj North by: Property belongs to Umesh/ Halla South by: Property belongs to Hosahalli Govindraj
2. Land bearing Sy. No.10/4, measuring 1 Acre 29 Guntas out of 3 Acres 18 Guntas situated at Kolaghatta
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NC: 2025:KHC:13388 RFA No. 95 of 2025
Kaval Village, Kasaba Taluk, Turuvekere Taluk and Bounded on;
East by: Property belongs to Mavinahalil Shivananjaiah West by: Property belongs to Gangadharaiah Neeragunda North by: Property belongs to N.B.Kanchiraya South by: Property belongs to Kumara Mavinahalli
3.
Land bearing Sy.No.10/1, measuring 2 Acres 13 Guntas out of 4 Acres 26 Guntas situated at Kolaghatta Kaval Village, Kasaba Taluk, Turuvekere Taluk and Bounded on:
East by Property belongs to N.B. Kanchiraya West by: Property belongs to Gudimunde Bettaiah North by: Property belongs to Kumara Mavinahalli South by Road
4. Land bearing Sy.No.194/2, measuring 27% Guntas out of 1 Acres 15 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to N.B.Kanchiraya West by: Property belongs to Kumaraiah North by: Property belongs to Badraiah Neeragunda South by: Property belongs to Rangaswamy
5. Land bearing Sy. No. 175/14, measuring 22% Guntas out of 1 Acres 5 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
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NC: 2025:KHC:13388 RFA No. 95 of 2025
East by: Property belongs to Kuri Shivanna West by: Property belongs to Bellulli Kanchiraya North by: Property belongs to Gudigowdra Ravisha South by: Property belongs to Kuri Shivanna
6. Land bearing Sy. No. 185/2, measuring 24 Guntas out of 1 Acres 8 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on; East by: Property belongs to Kumaranna West by: Property belongs to Sharadamma North by: Property belongs to Naduve Kanchiraya South by: Property belongs to N.B. Kanchiraya
7. Land bearing Sy.No.115/3, measuring 1 Acre 9% out of 2 Acres 19 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to N.B.Prakash West by: Property belongs to Gudigowdra Kumara North by: Property belongs to N.B.Kanchiraya South by: Property belongs to Busappa Shivanna
8. Land bearing Sy.No. 19/41, measuring 1 Acre 20 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Hobikenchaiah West by: Property belongs to Master Mahesh North by: Property belongs to Idrakumar South by: Property belongs to Busappa Shivanna
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NC: 2025:KHC:13388 RFA No. 95 of 2025
9. Land bearing Sy.
No. 175/10 measuring 0.08 Guntas out of 0.16 Guntas, situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by Property belongs to Daya Neeragunda West by: Property belongs to Gudigowdara Ravi North by: Property belongs to Naduve Kanchiraya South by: Property belongs to N.B.Kanchiraya
10. Tailed Roofed house bearing Sl.No.186, Asset No.186, Approximately measuring East to West 20 feet and North to South 30 out of East to West 40 feet and North South 30 feet situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to N.B.Kachiraya West by: Road North by: Property belongs to Gowramma South by: Road
11. Tailed Roofed house bearing Sl.No.179, Assessment No.179, Approximately measuring East to West 50 feet and North South 30 feet situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Badagi Gangadharaiah West by: Property belongs to Hombi Kenchaiah North by Road South by: Road
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NC: 2025:KHC:13388 RFA No. 95 of 2025
SCHEDULE "B" PROPERTY
[PROPERTIES ALLOTTED TO THE SHARE OF APPELLANTS]
1. Land bearing Sy. No. 160, measuring 2 Acre 18% Guntas out of 4 Acres 37 Guntas situated at Kunikenahalli Village, Kasaba Hobli, Turuvekere Taluk Bounded on;
East by: Property belongs to Kariyamma Basavaraj West by: Property belongs to Hullumane Govindraju North by: Property belongs to Hosahalli Govindraju South by: Property belongs to Umesh/ Halla
2. Land bearing Sy. No. 10/4, measuring 1 Acre 29 Guntas out of 3 Acres 18 Guntas, situated at Kolaghatta Kaval Village, Kasaba Taluk, Turuvekere Taluk and Bounded on;
East by: Property belongs to Mavinahalil Shivananjaiah West by: Property belongs to Gangadharaiah Neeragunda North by: Property belongs to Kumara Mavinahalli South by: Property belongs to Kariyamma
3. Land bearing Sy.
No. 10/1, measuring 2 Acres 13 Guntas out of 4 Acres 26 Guntas, situated at Kolaghatta Kaval Village, Kasaba Taluk, Turuvekere Taluk and Bounded on;
East by: Property belongs to Mavinhalli Shivananjaiah West by: Property belongs to Kariyamma North by: Property belongs to Kumara Mavinahalli
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South by Road
4. Land bearing Sy.No. 194/2, measuring 27% Guntas out of 1 Acres 15 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by Property belongs to Sannabettaiah /Siddabasavaiah West by: Property belongs to Kariyamma North by: Property belongs to Badraiah South by: Property belongs to Rangaswamy Ajjanahalli
5. Land bearing Sy. No. 175/14, measuring 22% Guntas out of 1 Acres 5 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Kuri Shivanna West by: Property belongs to Bellulli Kanchiraya North by: Property belongs to Kuri Shivanna South by: Property belongs to Kariyamma
6. Land bearing Sy.No. 185/2, measuring 24 Guntas out of 1 Acres 8 Guntas, situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by Property belongs to Kumaranna West by: Property belongs to Sharadamma North by: Property belongs to Javaranna Kanchiraya South by: Property belongs to Kariyamma
7. Land bearing Sy.No.115/3, measuring 1 acre 9% out of 2 acres 19 guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
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NC: 2025:KHC:13388 RFA No. 95 of 2025
East by: Property belongs to Sanna Bettaiah West by: Property belongs to Kailasanna North by: Property belongs to Kariyamma South by: Property belongs to Bhavatha Shivanna
8. Land bearing Sy.No.19/P-62, measuring 1 Acre 24 Guntas situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on; East by: Property belongs to Badagi Gangadharaiah West by: Property belongs to Ajjanahalli Kanchiraya North by: Property belongs to Halla/Kharab South by: Property belongs to Chennamma/Sridhara
9.
Land bearing Sy.No.175/10 measuring 0.08 Guntas out of 0.16 Guntas, situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Daya Neeragunda West by: Property belongs to Gudigowdara Ravi North by: Property belongs to Javaranna Kanchiraya South by: Property belongs to Kariyamma
10. Tailed Roofed house bearing Sl.No. 186, Asset No.186, Approximately measuring East to West 20 feet and North to South 30 out of East to West 40 feet and North South 30 feet situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Venkatesh West by: Kariyamma North by: Property belongs to Gowramma
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South by:Road
11. Tailed Roofed house bearing Sl. No.263, Assessment No.258 & Sl.No.264, Assessment No.258/2, Approximately measuring East to West 60 feet and North South 35 feet situated at Neeragunda Village, Kasaba Hobli, Turuvekere Taluk and bounded on;
East by: Property belongs to Allappa West by: Property belongs to Lalithamma North by: Lakshmi Temple South by: Road”
4. In view of the aforesaid settlement entered into between the appellants and respondents, I pass the following:
ORDER (i) The appeal is disposed of in terms of Joint Compromise petition dated 28.03.2025. (ii) The impugned judgment and decree dated 23.02.2019 in O.S.No.28/2016 passed by Hon’ble Senior Civil Judge and JMFC, Turuvekere is set aside.
Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 40