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2025 DAILYLAW 19484 (KAR)

CHOKKAMMA v. SEETHAMMA

RSA/995/2020 · 2025-04-02

Ashok S Kinagi

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:14009 RSA No. 995 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 995 OF 2020 (PAR) BETWEEN: 1. CHOKKAMMA W/O LATE MARAPPA 68 YEARS 2. NAGESHA S/O LATE MARAPPA AGED ABOUT 43 YEARS 3. ANJINAPPA S/O LATE MARAPPA AGED ABUT 39 YEARS 4. RAVI S/O LATE MARAPPA AGED ABOUT 29 YEARS 5. GOPAL S/O LATE MARAPPA AGED ABOUT 27 YEARS ALL ARE R/O NAGAPURA VILLAGE LAKKURU HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. …APPELLANTS (BY SRI. M. GOPAL, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14009 RSA No. 995 of 2020 AND: 1. SEETHAMMA D/O BAGEPPA W/O KRISHNAPPA AGED ABOUT 75 YEARS R/O NAGAPURA VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR-563 130. 2. PILLAMMA D/O BANGEAPPA W/O MUNIYAPPA AGED ABOUT 69 YEARS R/O SUGGANDAHALLI VILLAGE MASTHI HOBI, MALUR TLAUK, KOLAR-563 130. 3. MARAMMA D/O BANGEAPPA W/O VENKATASWAMY AGED ABOUT 67 YEARS R/O THATNAHALLI VILLAGE HOSUR TALUK, TAMIL NADU-635 109. 4. B. MUNIYAPPA DEAD BY LRS LAKSHMAMMA W/O LATE MUNIYAPPA AGED ABOUT 57 YEARS 5. MANJULA D/O LATE MUNIYAPPA W/O BASAVARAJU AGED ABOUT 47 YEARS 6. MAMATHA D/O LATE MUNIYAPPA W/O RAVI AGED ABOUT 50 YEARS - 3 - NC: 2025:KHC:14009 RSA No. 995 of 2020 7. ANITHA D/O LATE MUNIYAPPA W/O MUNIYAPPA AGED ABOUT 42 YEARS 8. SRIDHAR S/O LATE MUNIYAPPA AGED ABOUT 40 YEARS ALL ARE RESIDENT OF NAGPURA VILLAGE, LAKKUR HOBLI MALUR TALUK, KOLAR-563 130. …RESPONDENTS (BY SRI. A MADHUSUDHANA RAO, ADVOCATE FOR R1 TO R3; SRI. S.S. PARIKSHIT, ADVOCATE FOR R4 TO R8) ------ THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.12.2019 PASSED IN RA NO.78/2015 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, AT KOLAR DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 13.04.2015 PASSED IN OS NO.19/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MALUR. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 4 - NC: 2025:KHC:14009 RSA No. 995 of 2020 ORAL JUDGMENT The appellants and the respondents are present before the Court, and are identified by their respective counsels. 2. The appellants and the respondents filed a compromise petition which reads as under : 1. The appellants have filed the above Regular Second appeal against the respondents, being aggrieved by the judgment and decree dated 19-12- 2019 in RA No.78/2015 by the Court of the First Additional District Judge, at Kolar and judgment and decree dated 13-4-2015 by the Court of Senior civil Judge and JMFC, at Malur in O.S. No. 19/2012. 2. That, at with the intervention of the well wishers for the respective parties, their common friends and relatives, the parties to the second appeal have amicably settled the dispute among themselves and have arrived at a compromise in the above matter, in terms of the compromise petition the parties herein have resolved the disputes between them as under:- - 5 - NC: 2025:KHC:14009 RSA No. 995 of 2020 a) The appellants and respondents admits that, the parties herein admit the relationship stated in the plaint. b) The appellants and respondents hereby declare that the following properties are allotted to the share of the appellants, which is morefully described as A Schedule properties, 1) Land bearing Sy. No.13, measuring 6 Acres 33 guntas, situated at Nanjapura village, Lakkur Hobli, Malur Taluk and bounded on East by Land of Rajanna, West by Land of Aswathamma, wife of Narayanappa, North by Land of Rajanna and south by land of Muniyappa S/o. Munishamappa. 2) Land bearing Sy. No.16/2, measuring 0-10 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by Land of Srihari, West by Land of Anjinappa, North by Land of Venkataramanappa and Muniyappa's land and south by Venkataramanappa's land. 3) Land bearing Sy. No.33/1, (Eastern side) measuring 1 Acre 22 guntas out of 3 Acres 02 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by Muniyappa, son of Munishamappa, - 6 - NC: 2025:KHC:14009 RSA No. 995 of 2020 West by property of respondents 4 to 8, North by Rajakaluve and south by Kerekodi. The appellants have agreed to leave 10 feet road from East to West to be used by appellants and respondents 4 to 8 only. 4) Land bearing Sy. No.33/2, measuring 0-07 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by Muniyappa, son of Munishamappa, West by Kere Katte, North by Rajakaluve and south by Kerekodi. 5) Land bearing Sy.No.44/2 measuring 0-31 guntas and including house property measuring 45 feet x 35 feet, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by A.K.Colony West by Venkataramanppa's land and Land of Ramaiah North by House of Chandrappa and south by Road 6) Land bearing Sy. No.14/3, measuring 0-01 guntas and land bearing Sy. No.15/1, of Nagapura measuring 0-05 guntas village, Lakkur Hobli, Malur Taluk and commonly bounded on East by Land of Srihari, West by - 7 - NC: 2025:KHC:14009 RSA No. 995 of 2020 land of A.K.Nanjappa, North by Land of Venkataramanappa, South by Land of Krishnappa; 7) Land bearing Sy. No.28/1, measuring 0-07 guntas, Sy. No.28/2, measuring 0-10 guntas, Sy.No.28/5, measuring 0-10 guntas, Sy.No.47/4, measuring 0-05 guntas, all the lands are situated at Nagapura village, Lakkur Hobli, Malur Taluk and commonly bounded on East by Land of Ashwathamma, West by Land of Puttamma, North by Land of Beeraiah and Balaiaha and South by Land of Pillappa, Manojappa and Ashwathamma Which is morefully described in the Schedule A hereunder, hereinafter referred to as schedule A properties. c) The appellants and respondents hereby declare that the following properties are allotted to the share of the respondents No.1 to 3 1) Land bearing Sy. No.36/2, (western portion) measuring 2 Acres 20 guntas out of 3 Acres 33 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk, and bounded on East by Land of Muniyappas LR ie., respondents 4 to 8, West by Sy. No.35, belongs to Seethamma Ramanna Ramamurthy, Linganna, Bhemmanna, North by Land of K.Nagaraj and South by Land of A.K. Nanjappa. - 8 - NC: 2025:KHC:14009 RSA No. 995 of 2020 Which is more fully described in the Schedule B hereunder, hereinafter referred to as schedule B property. d) The appellants and respondents hereby declare that the following properties are allotted to the share of the respondents No.4 to 8. 1) Land bearing Sy. No.33/1, (Eastern portion) measuring 1 Acre 20 guntas, out of 3.02 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk, and bounded on East by land allotted to appellants in the same survey number, West by Kere katte North by Khane and South by Rajakaluve. Which is more fully described in the Schedule C hereunder, hereinafter referred to as schedule C properties. c) The appellants shall the absolute owners of the schedule A properties mentioned in this compromise petition and they are at liberty to get the revenue records transferred to their names, for which the respondents have no objection for the same. d) The Respondents 1 to 3 shall the absolute owners of the schedule B property mentioned in this compromise petition and they are at liberty to get the revenue records transferred to their names, for which the - 9 - NC: 2025:KHC:14009 RSA No. 995 of 2020 appellants and respondents 4 to 8 have no objection for the same. e) The Respondents 4 to 8 shall the absolute owners of the schedule C properties mentioned in this compromise petition and they are at liberty to get the revenue records transferred to their names, for which the appellants and respondents 1 to 3 have no objection for the same. e) The appellants have relinquished their entire right, title, interest and share over the Schedule B and C properties in this compromise petition. Likewise, the respondents 1 to 3 relinquish their entire right, title interest and share over the Schedule A and C properties. Likewise, the respondents 4 to 8 relinquish their entire right, title interest and share over the Schedule A and B properties f) In view of the compromise arrived between the parties herein, the judgement and decree dated 19-12- 2019 in RA No.78/2015 by the Court of the First Additional District Judge, at Kolar and judgement and decree dated 13-4-2015 by the Court of Senior civil Judge and JMFC, at Malur in O.S. No.19/2021, may kindly be modified. g) This compromise is entered into between the parties on their own free will and volition. - 10 - NC: 2025:KHC:14009 RSA No. 995 of 2020 WHEREFORE, the appellants and respondents 1 to 8 to the above appeal prays that this Hon'ble court may be pleased to draw decree in terms of the above compromise, in the interest of justice and equity. SCHEDULE-A Property hereby allotted to the share of the appellants ie., Chokkamma, Nagesha, Anjinappa, Ravi, Gopal 1. All that piece and parcel of the Land bearing Sy. No.13, measuring 6 Acres 33 guntas, situated at Nanjapura village, Lakkur Hobli, Malur Taluk and bounded on East by Land of Rajanna, West by Land of Aswathamma, wife of Narayanappa, North by Land of Rajanna and south by land of Muniyappa 2. All that piece and parcel of the Land bearing Sy. No.16/2, measuring 0-10 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by Land of Srihari, West by Land of Anjinappa, North by Land of Venkataramanappa and Muniyappa's land and south Venkataramanappa's land by 3. All that piece and parcel of the Land bearing Sy. No.33/1, (Eastern side) measuring 1 Acre 22 guntas out of 3 Acres 02 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded East by Muniyappa, son of Munishamappa, West by property of - 11 - NC: 2025:KHC:14009 RSA No. 995 of 2020 respondents 4 to 8, North by Rajakaluve and south by Kerekodi. The appellants have agreed to leave 10 feet road from East to West to be used by appellants and respondents 4 to 8 only. 4. All that piece and parcel of the Land bearing Sy. No.33/2, measuring 0-07 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by Muniyappa, son Munishamappa, West by Kere Katte, North by Rajakaluve and south by Kerekodi of 5. All that piece and parcel of the Land bearing Sy. No.44/2 measuring 0-31 guntas and including house property measuring 45 feet x 35 feet, situated at Nagapura village, Lakkur Hobli, Malur Taluk and bounded on East by A.K.Colony West by Venkataramanppa's land and Land of Ramaiah North by House of Chandrappa and south by Road 6. All that piece and parcel of the Land bearing Sy. No.14/3, measuring 0-01 guntas and land bearing Sy. No.15/1, measuring 0-05 guntas of Nagapura village, Lakkur Hobli, Malur Taluk and commonly bounded on East by Land of Srihari, West by land of A.K.Nanjappa, North by Land of Venkataramanappa, South by Land of Krishnappa; 7. All that piece and parcel of the Land bearing Sy. No.28/1, measuring 0-07 guntas, Sy. No.28/2, - 12 - NC: 2025:KHC:14009 RSA No. 995 of 2020 measuring 0-10 guntas, Sy.No.28/5, measuring 0-10 guntas, Sy. No.47/4, measuring 0-05 guntas, all the lands are situated at Nagapura village, Lakkur Hobli, Malur Taluk and commonly bounded on East by Land of Ashwathamma, West by Land of Puttamma, North by Land of Beeraiah and Balaiaha and South by Land of Pillappa, Manojappa and Ashwathamma SCHEDULE-B Property hereby allotted to the share of Respondents 1 to 3 ie., Seethamma, Pillamma and Maramma All that piece and parcel of the Land bearing Sy. No.36/2, (western portion) measuring 2 Acres 20 guntas out of 3 Acres 33 guntas, situated at Nagapura village, Lakkur Hobli, Malur Taluk, and bounded on East by Land of Muniyappas LR ie., respondents 4 to 8, West by Sy. No.35, belongs to Seethamma Ramanna Ramamurthy, Linganna, Bhemmanna, North by Land of K.Nagaraj and South by Land of K.Nanjappa. In the said extent towards North 1-20 guntas is allotted to 1 respondent Seethamma, 0-20 guintas is allotted in the middle portion to respondent No.2 Pillamma and 20 guntas towards South is allotted to respondent No.3 Maramma. SCHEDULE-C Property hereby allotted to the share of the respondents No.4 to 8 i.e., Lakshmamma, Manjula, Mamatha, Anitha, Sridhar. - 13 - NC: 2025:KHC:14009 RSA No. 995 of 2020 1) All that piece and parcel of the land bearing Sy.No. 33/1, (Western portion) measuring 1 acre 20 guntas, out of 3.02 acres situated at Nagapura Village, Lakkur Hobli, Malur Taluk and bounded on East by Property allotted to Appellants in the same Sy. No., West by Kere Katte, North by Rajakaluve and South by Kere Kodi. 2) All that piece and parcel of the land bearing Sy.No. 36/2 (Eastern portion), meausirng 1-13 acres out of 3 acres 33 guntas, situated at Nagapura Village, Lakkur Hobli, Malur Taluk, and bounded on: East: Chikka Earappa, Orappa properties, west: Property allotted to respondents 1 to 3, North K. Nagaraj and South: K. Nanjappa.” 4. The contents of the compromise petition is 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, prayed to dispose of the appeal in terms of the compromise petition. 5. The compromise petition is taken on record. 6. Accordingly, the appeal is disposed of in terms of the compromise. - 14 - NC: 2025:KHC:14009 RSA No. 995 of 2020 The office is directed to draw decree in terms of the compromise petition. In view of the disposal of the appeal, I.A.1/2020 does not survive for consideration and is accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE rs List No.: 1 Sl No.: 29