- 1 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.75 OF 2019 (PAR) BETWEEN: SRI Y T RANGEGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 73 YEARS, RESIDING AT HUNASINAKERE ROAD, HASSAN CITY, HASSAN-573 201. …APPELLANT (BY SRI VENUGOPAL M.S., ADVOCATE) AND: 1. SMT. PARVATHAMMA, SINCE DEAD, REPRESENTED BY HER LEGAL REPRESENTATIVES: (A) SMT. SHOBHA D.K., W/O HANUME GOWDA, AGED ABOUT 43 YEARS, RESIDING AT GUNDEGOWDANA KOPPALU, HASSAN-573 202. (B) SMT. NETHRA D.K., W/O SRI CHANDRASHEKAR S.L., AGED ABOUT 42 YEARS, RESIDING AT NO.486/5, 11TH MAIN ROAD, OPP. CHILDREN PLAY PARK, M.C. LAYOUT, VIJAYA NAGARA, BENGALURU NORTH - 560 040. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 (C) SRI LOHITH D.K., S/O LATE KRISHNE GOWDA, AGED ABOUT 39 YEARS, RESIDING AT DODDAKONDAGULA, SALAGAME, HALEKOPPALU, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573 219. (D) SMT. SHWETHA D.K., C/O DEEPU M.H., AGED ABOUT 38 YEARS, RESIDING AT #89, 6TH CROSS RIGHT SIDE, NEAR HASANAMBA GRANITES, VISHWESHVARAIAH EXTENSION, RING ROAD, VTC, HASSAN-573 201. 2. SMT. RANGAMMA, W/O MUNIRAJU, AGED ABOUT 57 YEARS, RESIDING AT THIMLAPURA VILLAGE, DUDDA HOBLI, HASSAN TALUK-573 118. 3. SMT. MANJULA, W/O RAJEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT BOMMANAYAKANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573 212. [ SRI BOREGOWDA, S/O LATE THIMMEGOWDA, SINCE DEAD, REPRESENTED BY HIS LEGAL REPRESENTATIVES: - 3 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 4. SRI Y. B. HARISHA, S/O LATE BOREGOWDA, AGED ABOUT 46 YEARS, RESIDING AT YAREHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. 5. SMT. VARALAKSHMI, W/O KESHAVA, AGED ABOUT 43 YEARS, RESIDENT OF MARIGUDIKOPPALU, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT - 573 201. 6. SMT. SHOBHA, W/O RANGASWAMY, AGED ABOUT 40 YEARS, RESIDING AT HANDINAKEREHARALAHALLI, BELUR ROAD, HASSAN, HASSAN DISTRICT - 573 201. 7. SMT. RUKMINI, W/O CHELUVEGOWDA, AGED ABOUT 39 YEARS, RESIDING AT JAVENAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 128. 8. SMT. SANNAMMA, W/O BOREGOWDA, AGED ABOUT 67 YEARS, RESIDING AT YAREHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. 9. SRI Y. T. KALEGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 67 YEARS, RESIDENT OF NO.253, HUNASINAKERE ROAD, HASSAN CITY, HASSAN - 573 201. - 4 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 10. SMT. LAKSHMAMMA, W/O HANUMEGOWDA, AGED ABOUT 74 YEARS, RESIDENT OF HANDINAKERE VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. 11. SMT. AMMAYAMMA, W/O RAJEGOWDA, AGED ABOUT 60 YEARS, RESIDENT OF YAREHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SMT. SANDHYA, ADVOCATE, FOR R1(A) TO (D), R2, R3, R10 AND R11, SRI M.N. MADHUSUDHAN, ADVOCATE, FOR R4 TO R8, AND SMT. BHARATHI H., ADVOCATE, FOR R9) * * * THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 20-11-2018 PASSED IN ORIGINAL SUIT NO.103 OF 2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS REGULAR FIRST APPEAL IS 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 - 5 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 20-11-2018 passed in Original Suit No.103 of 2013 by the Principal Senior Civil Judge, Hassan, wherein the suit of the plaintiffs was partly decreed by granting 1/32 share each in the suit schedule properties. 2. Sri Venugopal M.S., learned counsel for the appellant, Smt. Sandhya, learned counsel for respondent Nos.1 (a) to (d), 2, 3, 10 and 11, Sri M.N. Madhusudhan, learned counsel for respondent Nos.4 to 8, and Smt. Bharathi H., learned counsel for respondent No.9 are physically present along with their respective parties. 3. In this appeal, the 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: - 6 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 "MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF C.P.C. The Appellant/Defendant No.1 and the Respondents beg to submit as follows: The Respondent No.1 to 3 had filed a suit in OS no 103/2013 on the file of the Prl Senior Civil Judge, at Hassan against the Appellant, deceased Bore Gowda (father of Respondent No 4 to 7 and husband of Respondent No 8), Respondent No 9 to 11 seeking for the relief of partition and separate possession of the suit schedule properties. 2. The said suit filed by the Respondent No.1 to 3 was contested by the Appellant, deceased Bore Gowda (father of Respondent No 4 to 7 and husband of Respondent No 8) and Respondent No 9 by filing their written Statements. 3. Further the Learned Prl Senior Civil Judge, at Hassan, after trial, by a Judgment and decree dated 20.11.2018 decreed the said suit in OS No.103/2013 filed by the Respondent No.1 to 3 in part by granting 1/32 share in the suit properties. 4. Being aggrieved by the Judgment and Decree dated 20.11.2018 passed by the learned Prl Senior Civil Judge at Hassan, in OS No.103/2013, the present appeal has been filed by the Appellant. 5. Now upon the intervention of elders and well-wishers the parties to the present Appeal have mutually agreed to resolve their disputes amicably and accordingly upon mutual discussions the Appellant and the Respondents ` - 7 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 have agreed to compromise on the below mentioned terms and conditions: 6. It is mutually agreed between the parties that the suit schedule property item No 4 (A) has been allotted to the joint shares of the daughters of deceased Thimme Gowda viz Respondent No 1 to 3, Respondent No 10 and Respondent 11. Further since Respondent No 1 is dead the share which is required to be allotted to the said deceased Parvathamma (Respondent No 1) is to be allotted to Respondent No 1(a) to 1(d) since they being the Lrs of deceased Parvathamma (Respondent No 1). Suit schedule property item No 4(A) has been allotted to Respondent No 1(a) to 1(d) 2, 3, 10 and 11 as below: a. Respondent No 1(a) to (d)----5 Guntas b. Respondent No 10-------------5 Guntas c. Respondent No 11-------------5 Guntas d. Respondent No 02------------6 Guntas e. Respondent No 03------------7 Guntas Total----------------------------28 Guntas 7. It is mutually agreed between the parties that suit schedule property item No 3 and suit schedule property item No 5(A) has been allotted to the share of Sri Kale Gowda (Respondent No 9) 8. It is mutually agreed between the parties that suit schedule property item No 6 which is required to be allotted to the share of deceased Bore Gowda has been - 8 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 allotted to Respondent No 8. Further the Respondent No 4 to Respondent No 7 who are the children of deceased Bore Gowda and Respondent No 8 have consented for allotting the suit schedule property item No 6 to the Respondent No 8. 9. It is mutually agreed between the parties that suit schedule property item No 4(B), suit schedule property item 1, suit schedule property item No 5(B) and suit schedule property item No 2 has been allotted to the share of the Appellant Sri Y T Range Gowda. 10. It is mutually agreed that the Respondent No 1(a) to 1(d), 2, 3, 10 and 11 shall be entitled to enjoy the absolute ownership of the plaint suit schedule property item No 4(A) which has been described in the schedule 'A' hereunder and hereinafter referred to as the Schedule 'A' Properties as per the share stated above in Para No 6 of this Compromise Petition. 11. It is mutually agreed that the Sri Kale Gowda (Respondent No 9) shall be entitled to enjoy the absolute ownership of the plaint suit schedule property item No 3 and plaint suit schedule property item No 5(A) which are described in the Schedule 'B' hereunder and hereinafter referred to as the Schedule 'B' Properties. 12. It is mutually agreed that the Respondent No 8 shall be entitled to enjoy the absolute ownership of the plaint suit schedule property item No 6, which is described in the Schedule 'C' hereunder and hereinafter referred to as the Schedule 'C' Properties. - 9 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 13. It is mutually agreed that the Appellant shall be entitled to enjoy the absolute ownership of the Plaint suit schedule property item No 4(B), Plaint suit schedule property item 1, Plaint suit schedule property item No 5(B) and Plaint suit schedule property item No 2, which are described in the Schedule 'D' hereunder and hereinafter referred to as the Schedule 'D' Properties. 14. The Parties are at liberty to enjoy the properties allotted to their share. Further the Parties also are entitled to seek change of the Katha including all revenue records of the said properties into their names by virtue of this compromise petition. 15. It is mutually agreed that the parties to this compromise shall get Final Decree registered upon securing of 11 'E' survey sketch wherever necessary and in this regard the respective khata holders and the beneficiary of the shares shall affix their signatures to prefer necessary applications for securing of the survey sketch and do all such other acts so as to give effect to this compromise. 16. It is mutually agreed that any loans availed/liabilities created over any of the Schedule Properties shall be the exclusive liabilities of such borrower and the remaining parties cannot be made liable for the same and shall be cleared forthwith. 17. Further the Respondent No 1(a) to 1(d),2,3,10,11 declare that they do not claim any right or share over any of the properties of their father deceased Thimme - 10 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 Gowda or their brothers (Appellant, deceased Bore Gowda, Respondent No 09) in future. 18. Further the Parties to the compromise declare that apart from the properties stated in this Compromise, if there are any other properties standing in their respective names are their self acquired properties and the remaining parties do not have any right over the same. 19. The Parties have taken possession of the properties respectively allotted to them as per the compromise. Wherefore, the parties pray that this Hon'ble Court be pleased to order for drawing of Final Decree in the present suit as per the terms of this compromise in the interest of Justice and Equity. SCHEDULE ‘A’ (Properties allotted to the share of Respondent No 1(a) to 1(d), 2, 3, 10, 11) Item No. 1 (suit schedule property Item No 4(A)) Agriculture land bearing New Sy No 454/2 (Old Sy No. 454) measuring 28 Guntas out of 1 Acre 2 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Belure Gowda West by: Item No 1 of D Schedule property allotted to the share of Appellant Sri Y T Range Gowda. North by: Property of Sri Siddaiah South by: Property of Sri Patel Range Gowda Share to be allotted as stated in Para No 6 of this Compromise Petition. - 11 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 SCHEDULE 'B' (Properties allotted to the share of the Respondent No 9) Item No.1 (suit schedule property Item No 3) Agriculture land bearing Sy No. 421/3 measuring 23 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Prakash S/o Range Gowda West by: Property of Rame Gowda S/o Late Malali Gowda North by: Road and property bearing Sy No 233 South by: Item No 2 of B Schedule Property Item No.2 (suit schedule property Item No 5(A)) Agriculture land bearing Sy No. 421/4 measuring 3 Guntas out of 20 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Prakash S/o Range Gowda West by: Property of Rame Gowda S/o Late Malali Gowda North by: Item No 1 of B Schedule Property South by: Item No 3 of D Schedule Property. SCHEDULE 'C' (Properties allotted to the share of Respondent No 8) Item No.1 (suit schedule property Item No 6) Agriculture land bearing Sy No. 415/1 measuring 35 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Nanje Gowda West by: Property of Raje Gowda North by: Nala Road South by: Government Road - 12 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 SCHEDULE 'D' (Properties allotted to the share of Appellant) Item No.1 (suit schedule property Item No 4(B)) Agriculture land bearing New Sy No 454/2 (Old Sy No. 454) measuring 14 Guntas out of 1 Acre 2 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Item No 1 of A Schedule property allotted to the share of Respondent No 1(a) to 1(d), 2, 3, 10, 11. West by: Property of Chikke Gowda S/o Halage Gowda North by: Property of Sri Siddaiah South by: Property of Sri Patel Range Gowda Item No. 2 (suit schedule property Item No 1) Agriculture land bearing Sy No. 421/9 measuring 8 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: House property of Manje Gowda and Venkate Gowda West by: Property of Range Gowda North by: Backyard of Manje Gowda South by: House property of Mari Gowda Item No. 3 (Suit schedule property item No 5(B)) Agriculture land bearing Sy No. 421/4 measuring 17 Guntas out of 20 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Prakash S/o Range Gowda West by: Property of Rame Gowda S/o Late Malali Gowda North by: Item No 2 of B Schedule Property allotted to the share of Sri Kale Gowda (Respondent No 9) South by: Property of Smt Jayamma W/o Late Thimme Gowda - 13 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 Item No. 4 (suit schedule property Item No 2) Agriculture land bearing New Sy No 703 (Old Sy No. 410) measuring 2 Acres 34 Guntas situated at Handinakere Village, Kasaba Hobli, Hassan Taluk, bounded on the; East by: Property of Govinda Shetty West by: Government Road North by: Property of Sri Naganna South by: Property of Sri Range Gowda." 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. They have subscribed their signatures by agreeing to the terms of the compromise without any force or coercion. 5. Keeping in view the submissions made by the learned counsel for the parties and the compromise petition filed, we proceed to pass the following O R D E R i. The appeal is disposed of. ii. The judgment and decree dated 20-11-2018 passed in Original Suit No.103 of 2013 on the file of the Principal Senior Civil Judge, Hassan, is hereby modified in terms of the compromise entered into between the parties to the proceedings. - 14 - NC: 2025:KHC:18164-DB RFA No. 75 of 2019 iii. 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 stand dismissed. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 3