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NC: 2025:KHC:17487-DB RFA No. 162 of 2022
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. 162 OF 2022 (PAR) BETWEEN:
1.
SMT LINGAMMA WIFE OF PUTTAREVANNA, DAUGHTER OF LATE NANJAPPA AGED ABOUT 57 YEARS, RESIDING AT SOMPURA VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560060.
2. RENUKAPPA S/O LATE NANJAPPA, AGED ABOUT 53 YEARS, AND RESIDING AT GANGENAHALLI VILLAGE, TAVAREKERE POST AND HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560029. …APPELLANTS (BY SRI. ABHINAY Y T., ADVOCATE)
AND:
1.
SMT NANJAMMA DAUGHTER OF LATE NANJAPPA, WIFE OF REVANNA, AGED ABOUT 48 YEARS, AND RESIDING AT TOREKEMPALLI, MODALAKOTE POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562123.
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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2. KUBERSWAMY S/O THAMMANNAGOWDA AGED ABOUT 50 YEARS AND R/AT DEVAMACHANAHALLI, TAVAREKERE POST AND HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130
3. KRISHNARAJU S/O (LATE ) DODDAIAH AGED ABOUT 57 YEARS, AND R/AT CHOLANAYAKANAHALLI TAVAREKERE VILLAGE BENGALURU SOUTH TALUK - 562 130 …RESPONDENTS (BY SRI. K.L. SREENIVAS, ADVOCATE FOR R1 SRI. B. N. GOPALA KRISHNA, ADVOCATE FOR R2 & R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 29.11.2021 PASSED IN OS No.683/2014 (OLD OS No.492/2013) ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, 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)
1. This appeal is directed against the judgment and decree dated 29.11.2021 passed in Original Suit No.683/2014 (Old O.S.No.492/2013) by the Principal Senior Civil Judge and J.M.F.C, Magadi, wherein the suit of the plaintiffs was partly
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decreed by granting 5/16th share in item Nos.1 to 14 and 16 to 19 in favour of the plaintiffs in respect of the suit schedule properties, however, in respect of item No.15 of the suit schedule property, suit has been dismissed. 2. Sri.Abhinay Y.T, learned counsel for the appellant, Sri.K.L.Srinivas, learned counsel for respondent No.1 and Sri.B.N.Gopalakrishna, learned counsel for respondent Nos.2 and 3 are physically present along with their respective parties. 3. In this appeal, learned counsel for the parties has filed a memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The same reads as under:
MEMORANDUM OF COMPROMISE UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 The Appellants and Respondents jointly submit as follows:
1. This appeal is filed challenging the Judgment and Decree dated 29th of November 2021 passed in O S No. 683 of 2014 (Old OS no. 492 of 2013) by the Principal Senior Civil Judge and JMFC at Magadi, Ramanagaram. 2. The 1st respondent – plaintiff had filed suit for partition in respect of the 19 properties viz., (1) Sy. No. 1/3 (1 acre 20 guntas), (2) Sy. No. 20/2 (1 acre 14 guntas), (3) Sy. No. 22/2 (1 Acre 24 guntas), (4) Sy. No. 23 (16 guntas), (5) Sy. No. 9/2 (36 guntas), (6) Sy. No. 82/2 (2 acre 8 guntas), (7) Sy. No. 126/3 (1 acre 18 guntas), (8) Sy. No. 11 (26 guntas), (9) Sy. No. 19 (2 acre 22 guntas), (10) Sy. No. 23 (3 guntas), (11) Sy. No. 10 (2 guntas), (12) Sy. No. 17
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(12 guntas), (13) Sy. No. 18 (1 acre 36 guntas), (14) Khaneshumari No. 3/3 (21’ X 23’), (15) Khaneshumari No. 56 (70’ X 27.5’) (16) Khaneshumari No. 57 (33’ X 52’) (17) Khaneshumari No.58 (31’ X 44’), (18) Khaneshumari No. 59 (25’ X 40’) and (19) Khaneshumari No.60 (19’ X 32’). Properties at Sl. No. 1 to 5 and 8 to 13 are situated at D-Narayanapura Village, TavarakereHobli, Bengaluru South Taluk and Propreties at Sl. No. 6, 7, 14 to 19 are situated at Gangenahalli Village, TavarakereHobli, Bengaluru South Taluk, Bengaluru. The suit was numbered as O S No. 683 of 2014. The suit was decreed on 29th of November 2021. 3.
Subsequent to filing the above appeal, the parties have amicably settled the dispute interse between them. 4. The genealogy of the parties is as under:
Nanjunadappa
Revanna Basappa Nanjappa Patel Rudraiah
Honnagangamma
(D1)
Lingamma Nanjamma Renukappa
@Ningamma (P)
(D3)
(D2)
5. The 1st Defendant – Smt. Honnagamma is the mother of Appellants - Defendant 2 and 3 and 1st respondent - Plaintiff. She died intestate on 4th of November 2014 (4.11.2014) and the Hon’ble Trial Court by its order dated 29th of November 2016 (29.11.2016) was pleased the treat the Defendant 2 and 3 and Plaintiff as her legal heirs. Hence, she is not arrayed a party to this compromise. 6. It is submitted that the 1st Appellant is known as Smt. Lingamma and also Smt. Ningamma (in her Aadhar card No. 7040 8174 4044). It is hereby agreed and clarified that Smt. Lingamma is also known as Smt. Ningamma. 7. The 1st respondent – Plaintiff hereby agrees that she has prior to the filing of the suit has under an oral
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partition received her share in the ancestral properties i.e., (1) In survey number 12; which was purchased by her grandfather on 9th of January 1919 (9.1.1919) and under the partition, Survey number 12 was fallen to the share of her father, which was sold by her on 29th of November 2004(29.11.2004). 8. In addition, the 1st respondent – plaintiff has received a sum of Rs. 50,00,000/- as owelty monies and on 20th of February 2025 (20.2.2025)executed a release deed has given up her share over the ancestral properties in favour of 2nd appellant; this release deed is registered on 21.2.2025 and is registered as Document no. TVR-1-04128-2024-25 in Book I in the office of Sub-Registrar, Tavarakere, Bengaluru. In view of the same, the 1st respondent does hereby declare that she has no right title or interest over the ancestral properties or the self-acquired properties of 2nd Appellant. 9.
It is further submitted that 1st appellant – 2nd Defendant on 16th of February 2022 (16.2.2022) has also executed a release deed bequeathing share over the ancestral properties in favour of 2nd appellant; this release deed is registered on 17.2.2022 and is registered as Document no. TVR-1-06168-2021-22 in Book I in the office of Sub-Registrar, Tavarakere, Bengaluru. In view of the same, the 1st Appellant does hereby declare that she has no right title or interest over the ancestral properties or the self-acquired properties of 2nd Appellant. 10. Thus, the properties described in the A Schedule Properties are now the absolute properties of the 2nd appellant, free from all encumbrances, attachments, litigations etc.The 1st Appellant – Smt. Lingamma@ Smt. Ningammaand 1st respondent –Smt. Nanjamma have no right, title or interest over the Schedule A Property and they hereby relinquish all their right, title and interest thereon absolutely and forever. 11. It is hereby agreed that suit properties from 14 - 19 now described as B Schedule Properties are the self- acquired properties of 2nd appellant – Renukappa. The 1st Appellant and 1st respondent do hereby agree that neither they nor anyone claiming through them, have no right, title or interest over B Schedule Properties. - 6 -
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12. It is hereby agreed that Survey number 8 of D- Narayanapura Village, TavarekereHobli, Bengaluru South Taluk, which is not subject matter of the suit, shall be the absolute property of 2nd Appellant _ Renukappa. 13. It is hereby agreed that Suit Item no. 15 site bearing Khaneshumari No. 56 situated at Gangenahalli Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District is neither ancestral property nor the self-acquired property of the 2n d appellant. Hence, the same is deleted from the suit and also not included in this compromise petition. 14. On 18th of August 2005(18.8.2005), the 2nd appellant – Renukappa has sold few properties in favour of 2nd respondent - Kuberswamy and 3rd respondent – Krishnaraju. These properties were subject matter of the suit.
These properties are morefully described in the schedule herein under mentioned and is hereinafter referred to as C and D Schedule Properties. 15. It is submitted that on 9th of September 2011 (9.9.2011) the 2nd appellant had sold suit item no. 3 i.e., Survey number 22/2 measuring 1 acre 24 guntas and suit item no. 4 i.e., Survey number 23 measuring 16 guntas situated at D-Narayanapura Village, TavarekereHobli, Bengaluru South Taluk in favour of 3rd respondent – D Krishnaraju and ST Ramachandra(who is not a party to these proceedings). These properties are morefully described in the schedule herein under mentioned and is hereinafter referred to as E Schedule Properties. 16. In respect of these properties i.e., C, D and E Schedule Properties, on 14th September 2021, the plaintiff has executed two confirmations deeds inf favour of Respondent no. 2 and 3 viz., (1) the confirmation deed executed in favour of Respondent no. 2 is registered on 14.9.2021 as document no.TVR-1-02096-2021-22 in Book NO. I in CD No. TVRD916 in the office of Sub- Regsitrar, Tavarekere and (2) the confirmation deed executed in favour of Respondent no. 2 is registered on 14.9.2021 as document no.TVR-1-02097-2021-22 in Book NO. I in CD No. TVRD916 in the office of Sub- Regsitrar, Tavarekere. - 7 -
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17. In view of the settlement arrived at between the parties and furtherance of the confirmation deed dated 14.9.2021 the 1st appellant hereby relinquishes her right title and interest over the alienated properties in favour of Respondent no. 2 and
3. Hence, the properties described in the Cand D Schedule Properties are now the absolute properties of the Respondent 2 and
3. The 1st Appellant – Smt. Lingamma@ Smt. Ningammaand 1st respondent – Smt. Nanjammahave no right, title or interest over the Schedule Cand D Properties and they hereby relinquish all their right, title and interest thereon absolutely and forever. 18. In view of the settlement arrived at between the parties, the 1st appellant hereby relinquishes her right title and interest over the alienated properties in favour of Respondent no.
2 and
3. Hence, the properties described as E Schedule Properties are the absolute properties of the Respondent 3 and ST Ramachandra.The 1st Appellant – Smt. Lingamma @ Smt. Ningamma and 1st respondent – Smt. Nanjamma have no right, title or interest over the Schedule E Properties and they hereby relinquish all their right, title and interest thereon absolutely and forever. 19. It is hereby agreed that the parties are entitled to get the revenue entries mutated in their favour in respect of schedule properties as per their allotment under this compromise petition. 20. The parties hereby categorically state that they have no other claims against each other. The parties have accordingly settled their dispute and entered into this compromise on their own volition, free will and without any force, fraud, misrepresentation of
facts, undue influence of whatsoever nature.
21. It is submitted that the parties hereby agree that the
judgment and decree dated 29th of November 2021 passed in O S No. 683 of 2014 (Old OS no. 492 of 2013), be modified in terms of this compromise petition. A SCHEDULE PROPERTIES (Property allotted to 2nd Appellan-Renukappa (Aadhar no. 6854 3316 5706))
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1. All that is piece and parcel of property bearing Survey number 1/3 measuring 1 acre 20 guntas and situated at D-NarayanapuraVillage, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Survey number 24, West by : Road, North by : Land of Harish South by : Survey number 8
2. All that is piece and parcel of property bearing Survey number 20/2 measuring 1 acre 14 guntas and situated at D-Narayanapura Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Survey number 8 West by : Survey number 24 North by : Land of late Revanna South by : Survey number 21- Sarkari Katte
3. All that is piece and parcel of property bearing Survey number 9/2 measuring 36 guntas and situated at D-Narayanapura Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Sarkari Halla West by : Survey number 8 North by : Survey number 8 South by : Land of Basappa and Revanna
4. All that is piece and parcel of property bearing Survey number 82/2 measuring 2 acre 8 guntas and situated at Gangenahalli, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Survey number 85/5 West by : DLF Property North by : Land of Basappa South by : Land of DLF, Revanna, and Basappa
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5. All that is piece and parcel of property bearing Survey number 126/3 measuring 1 acre 18 guntas and situated at Gangenahalli Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Road, West by : Land of Harish North by : Road, South by : Road, Land of Honnammar and Children
B SCHEDULE PROPERTIES (Self-acquired property of 2nd Appellant –Renukappa (Aadhar no. 6854 3316 5706))
1.
All that is piece and parcel of site bearing Khaneshumari No. 3/3 measuring East to West 21 feet and North to South 23 feet and situated at GangenahalliVillage, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Basappa’s Property West by : Road, North by : Channegowda and Renukappa’s Property South by : Road
2. All that is piece and parcel of site bearing Khaneshumari No. 57 measuring East to West 33 feet and North to South 52 feet and situated at Gangenahalli Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Najappa’s Property West by : Sampalu North by : Najappa’s Property South by : Sampalu
3. All that is piece and parcel of site bearing Khaneshumari No. 58 measuring East to West 31 feet and North to South 44 feet and situated at Gangenahalli Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Property of late Lingamma West by : Nanjappa’s Property North by : Renukappa and Lingamma’s
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Property South by : Vacant Site
4. All that is piece and parcel of site bearing Khaneshumari No. 59 measuring East to West 25 feet and North to South 40 feet and situated at Gangenahalli Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Nanjappa’s Property West by : Sampalu North by : Road South by : Nanjappa’s Property
5. All that is piece and parcel of site bearing Khaneshumari No. 60 measuring East to West 19 feet and North to South 32 feet and situated at Gangenahalli Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Lingamma’s Property West by : Renukappa’s Property North by : Road, South by : Renukappa’s Property
C SCHEDULE PROPERTIES (Properties of 2nd respondent – ST Kuberswamy(Aadhar No. 8412 5841 2670))
1.
All that is piece and parcel of property bearing Survey number 11 measuring 26 guntas and Survey number 19 measuring 2 acre 22 guntas together measuring 3 acre 8 guntas situated at D- Narayanapura Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and commonly bounded on
East by : Property belongs to 3&4 respondent West by : Land of Krishnappa North by : Land of Revanna and Children South by : Land of Honnappa
2. All that is piece and parcel of properties bearing Survey number 10 measuring 2 guntas and Survey number 13 measuring 3 guntas together measuring 5 guntas and situated at D-Narayanapura Village,
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TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Property belongs to 3&4 respondent West by : Land of Krishnappa North by : Land of Revanna and Children South by : Land of Honnappa
D SCHEDULE PROPERTY (Properties of 3rd Respondent – DKrishnaraju (Aadhar No. 3127 1181 5999))
1. All that is piece and parcel of properties bearing Survey number 17 measuring 1 acre 12 guntas and Survey number 18 measuring 1 acre 36 guntas together measuring 3 acre 8 guntas situated at D- Narayanapura Village, TavarekereHobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Property belongs to Kuberswamy West by : Landof 3&4 respondent North by : Land belongs to Revanna and Children South by : Land of Honnappa
E SCHEDULE PROPERTIES (Properties of 3rd Respondent – D Krishnaraju and ST Ramachandra(Brother of R2))
1. All that is piece and parcel of property bearing Survey number 22/2 measuring 1 acre 24 guntas and situated at D-Narayanapura Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Survey number 8 West by : Survey number 24 North by : Land of Harish South by : Land of Basappa
2.
All that is piece and parcel of property bearing Survey number 23 measuring 16 guntas and
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situated at D-Narayanapura Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District and bounded on
East by : Survey number 8 West by : Survey number 24 North by : Land of Harish South by : Land of Basappa
WHEREFORE, the appellants and respondents pray that this Hon’ble Court may kindly be pleased to modify the
Judgment and Decree dated 29th of November 2021 passed in O S No. 683 of 2014 (Old OS no. 492 of 2013) by the Principal Senior Civil Judge and JMFC at Magadi, Ramanagaram in terms of this compromise, in the interest of justice and equity.“
4. The compromise petition filed by the learned counsel for the parties is taken on record. The parties to the compromise are appraised with the terms and conditions stated therein. We are satisfied that the compromise petition is free and voluntary one. Keeping in view the submissions made by the learned counsel for the parties and the compromise petition, we proceed to pass the following;
ORDER
(i) The appeal is disposed of.
(ii) The judgment and decree dated 29.11.2021 passed in OS No.683/2014 (old OS No.492/2013) by the Principal Senior Civil Judge and JMFC, Magadi, Ramanagaram, is hereby modified in terms of the
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compromise entered into between the parties to the proceedings.
(iii) The Registry is directed to draw the final decree in terms of the compromise petition.
Consequent upon disposal of the appeal, pending applications, if any, shall stands disposed of.
Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
ND List No.: 1 Sl No.: 4