- 1 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2171 OF 2024 (PAR-) BETWEEN: 1. RAMAKKA W/O LATE P.N. SIDDARAMEGOWDA, AGED ABOUT 73 YEARS. 2. MANJUNATH S/O LATE P.N. SIDDARAMEGOWDA AGED ABOUT 46 YEARS. BOTH ARE PERMANENT RESIDENTS OF PATHAGANAHALLI VILLAGE AND POST, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DISTRICT - 572 129. …APPELLANTS (BY SRI. SUNIL KUMAR PATEL, ADVOCATE) AND: TRIVENI W/O PUTTARAJU D/O LATE SIDDAREMEGOWDA, AGED ABOUT 48 YEARS, R/AT PUTTASANDRA VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DISTRICT 572 129 …RESPONDENT (BY SRI. RAMAKRISHNA HEGDE, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 04TH JULY, 2024 PASSED IN ORIGINAL SUIT NO.38 OF 2016 ON THE FILE OF THE C/C ITINERARY SENIOR CIVIL JUDGE AND JMFC., KORATAGARE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. 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 This appeal is by the defendants in Original Suit No.38 of 2016 on the file the of the Itinerary Senior Civil Judge and JMFC., Koratagere (for short, hereinafter referred to as 'Trial Court') against the judgment and decree dated 04th July, 2024, whereby the suit filed by the respondent/plaintiff for partition and separate possession of alleged share in the suit schedule property was decreed in-part. 2. Heard learned counsel for appellants and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that, in the first instance, respondent/plaintiff instituted a suit against her father late P.N. Siddaramegowda and her brother Sri. Manjunath for - 3 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 partition and separate possession of her alleged share in the suit schedule immovable property and for other reliefs. During the pendency of the suit, the said late P.N. Siddaramegowda having been expired, his wife Smt. Ramakka was brought on record as legal representative and the suit continued against her and the defendant No.2. By the impugned judgment and decree, the Trial Court decreed the suit in favour of the respondent/plaintiff. 4. Learned counsel for the respondent/plaintiff has filed application IA.1/2025 seeking amendment to the original plaint as well as correction in the impugned judgment and decree in respect of name of the village called 'Thigalarahalli', whereby the name of the village is wrongly shown as 'Thigalarapalya'. Accordingly, accepting the cause shown in the affidavit accompanying application and submission made by learned counsel for the parties, the application is allowed and the name of the village shown as 'Thigalarapalya' is directed to be corrected as 'Thigalarahalli'. 5. The appellant/defendants and respondent/plaintiff have jointly filed memorandum of settlement/compromise along with the sketch which is to be treated as part and parcel of the present - 4 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 order. The said Memorandum of settlement/compromises reads as under: "MEMORANDUM OF SETTLEMENT/COMPROMISE, U/Or.23 RULE 3 R/W SEC.151 OF CPC, 1908:- The parties to the above appeal respectfully submit as follows: 1. The Respondent/Plaintiff/Smt. Triveni has filed a suit in O.S.No.38/2016, seeking the relief of partition and separate possession w.r.to 18 suit schedule properties, against defendants (Father & Brother). The said suit came to be partly decreed by holding that the Plaintiff/Respondent herein is entitled 2/3rd share in Suit items-01 to 11 Properties. In so far as, suit item NO.12 to 18 properties, no orders have been passed by the Trial Court. 2. The Appellants/Defendant-1(a)/ Ramakka & 2nd Defendant/ Manjunath have preferred the above captioned appeal, challenging the Preliminary Decree dtd:04.07.2024 passed in O.S.No.38/2016 by the Trial Court/ the Itinerary Sr. Civil Judge & JMFC at Koratagere. During the pendency of this Regular First Appeal, at the intervention of family members, well-wishers, elders and the respective advocates of the parties, the Appellants & Respondent herein have amicably settled their disputes/litigations/differences w.r.to 18 suit schedule properties as per terms and conditions mutually agreed by the parties without any coercion, undue- influence, with free will & volition and the same is reduced into writing hereunder: a. In view of the settlement arrived by the parties to this lis, the Respondent/ plaintiff has agreed to take two (2) bits of agricultural lands to an extent of 9A-00G out of 11A-13G in Sy.No. 10/2 & 00-20G out of 4A- - 5 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 34Gin Sy.No.8/7 of Thigalarahalli Village, Kolala Hobli, Koratagere Taluk, Tumakuru District., towards her share and the same are morefully described hereunder & hereinafter referred to in as Schedule- 'A' Properties. b. Further, in view of the settlement arrived by the parties to this lis, the 1st Appellant/ Deft-1(a)/ Smt. Ramakka has agreed to take Suit Item Nos.1,3,7 to 10 & 12 to 15, which includes agricultural land measuring 8A-07G in total & dwelling house & sites., towards her share and the same are morefully described hereunder & hereinafter referred to in as Schedule-'B' properties. c. Furthermore, in view of the settlement arrived by the parties to this lis, the 2nd Appellant/ Defendant-2/ Manjunath, has agreed to take all the remaining suit properties i.e., Suit Item Nos. 2&5 (excluding the share of Respondent/ Plaintiff/ Smt. Triveni i.e., Schedule-Properties described hereunder), the Suit Item property Nos. 4,6,11 &16 to 18, towards his share and the same are morefully described hereunder & hereinafter referred to in as Schedule- 'C' properties. d. All the parties to this appeal, have mutually agreed that they have no claim whatsoever against each other w.r. to Schedule properties except their respective shares shared/ partitioned amongst them, as detailed/ settled hereinabove & hereinunder. e. The Respondent/ Plaintiff/Smt. Triveni has further undertook not to make any claim or lay any right whatsoever w.r. to any other properties allotted towards the share of 1st Appellant/ Ramakka or 2nd - 6 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 Appellant/Manjunath, if any, in future & has given-up/ released all her rights with respect to the same, in order to enjoy her share of property as settled & compromised herein, peacefully without any legal complications & also agreed to subscribe her signature complications & also agreed authority, endorsing & implementing this settlement in future. f. The Respondent/Plaintiff/Smt. Triveni has agreed & undertook not make any claim whatsoever on the basis of Regd. Will dated:27.10.2016/Ex.P.13 & also permitted the Appellants herein to approach the Trail Court to take back or seek for return of the Original Will dtd:27.10.2016/Ex.P-13, for which the Respondent has no objections, whatsoever & further endorses that, the Will dtd:27.10.2016/Ex.P-13 has no legal value, in view of this Settlement/ Compromise. g. In view of this settlement, the Plaintiff/Respondent/ Smt. Triveni shall be the absolute owner of Schedule- A Properties & the Defts-1(a) & the Deft-2/Appellants- Ramakka & Manjunath, shall be the absolute owners of Schedule-'B' & 'C' properties. Respectively. h. In view of the above terms, the parties to this settlement/Compromise have been put into the possession of their respective shares & they have undertaken not to cause any kind of disturbances, hindrances & obstructions, whatsoever, for the possession & enjoyment of the properties shared under this compromise against other sharers. i. In view of above-mentioned settlements terms, the Respondent/Plaintiff/Smt. Triveni has agreed to withdraw the pending Final Decree Proceedings in - 7 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 FDP No.17/2024, before the Trial Court/the Itinerary Sr. Civil Judge & JMFC at Koratagere & has further consented to set-aside the Preliminary Decree dtd:04.07.2024, passed in OS No.38/2016, by the Hon'ble Trial Court/the Itinerary Sr. Civil Judge & JMFC at Koratagere. 3. In order to avoid confusion & further legal complications, a specific revenue sketch has been produced along with this Memorandum of settlement showing the demarcation of Schedule-A properties & the Revenue Sketch produced herein as Annexure-A, shall part & parcel of this Memorandum of Settlement. 4. All the parties to this lis., have agreed to share the Transformer situated in Sy.No.8/7 of Thigalarahalli village i.e., Item No.2 of Schedule 'D' property, in order to get the necessary electricity supply for the respective properties for carrying out the agricultural operations & other lawful purposes, without anybody's interference whatsoever, in future. 5. In view of the above-mentioned terms and conditions entered into between the parties, the parties to this appeal jointly pray that, this Hon'ble Court may be pleased to disposed off this RFA in terms of this settlement agreement by setting aside the Preliminary Decree dtd:04.07.2024, passed in OS No.38/2016, by the Hon'ble Trial Court. SCHEDULE 'A' PROPERTIES (Share allotted to Respondent/Plaintiff/Smt. Triveni) 1. All the piece & parcel agricultural land bearing Sy.No.10/2, measuring 9A-00G out of 11A-13G, situated at - 8 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 Thigalarahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist., & bounded on: East by : Remaining Land in Sy.No.10/2, belonging to Manjunath. West by: Remaining Land in Sy.No.10/2, belonging to Manjunath & lands in Sy.No.8/7, 8/9, 8/10. North by: Land bearing Sy.No.10/1, belonging to Manjunath & land bearing Sy.No.9, belonging to 10/1. South by: Land bearing Sy.No.7 & Sy.No.10/2, belonging to Manjunath. 2. All that piece & parcel agricultural land bearing Sy.No.8/7, measuring 00A-20G out of 04A-34G, situated at Thigalarahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist., comprising of a Borewell & a Pump House of 4(Four) Squares & bounded on: East By: Land in Sy.No.10/2, belonging to Triveni. West By: Remaining Land in Sy.No.8/7, belonging to Manjunath. North by: Land bearing Sy.No.8/7, belonging to Manjunath & Lands in Sy.No.8/9 & Sy.No.8/11. South by: Remaining Land in Sy.No.8/7, belonging to Manjunath/2nd Appellant. SCHEDULE 'C' PROPERTY (Share allotted to 1st Appellant/Deft-1(a)/Smt. Ramakka) 1. All that piece & parcel agricultural land bearing Sy.No.7/1, measuring 01A-13G situated at Thigalarahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.1 Property. - 9 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 2. All that piece & parcel agricultural land bearing Sy.No.9/1, measuring 03A-24G situated at Pataganahalli Village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.3 Property. 3. All that piece & parcel agricultural land bearing Sy.No.10/2B, measuring 00A-34G situated at Pataganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.7 Property. 4. All that piece and parcel agricultural land bearing Sy.No.10/3, measuring 00A-37G situated at Pataganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.8 Property. 5. All that piece & parcel agricultural land bearing Sy.No.157, measuring 01A-09G situated at Pataganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.9 Property. 6. All that piece & parcel agricultural land bearing Sy No.158, measuring 00A-10G situate at Pataganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.10 Property. 7. Site bearing Katha No.12/1 measuring East to West-12 feet & North to South-B feet/ Suit Item No.12 Property. 8. Site bearing Katha No.12/2 measuring East to West-30 feet & North to South-20 feet/Suit Item No.13 Property. 9. Old house (Stone slab house) Katha bearing No.13 measuring East to West-12 feet & North to South-25 feet/Suit Item No.14 Property. - 10 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 10. Stone slab house Katha bearing No.14, measuring East to West-12 feet & North to South-25 feet/Suit Item No.15 Property. Suit Item Nos.12 to 15 are having common boundary East: Kalyana Mantapa and vacant space West: house of Ashwathanarayana Shetty North: Road and South: Road. SCHEDULE 'D' PROPERTY (Share allotted to 2nd Appellant/Deft-2/Manjunath) 1. All that piece & parcel agricultural land bearing Sy. No.8/7, measuring 04-14G out of 04A-34G, situated at Thigalarahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist. & bounded on: East By: Remaining Land in Sy.No.10/2, belonging to Triveni & Halla & land in Sy.No.7. West By: Land bearing Sy.No.8/2, 8/3, 8/4, 8/5 & 8/6. North by: Land bearing Sy.No.8/1 & 8/11 & Land belonging to Triveni, South by: Village Boundary of Pothenahalli. [The Remaining Suit Item No.2 Property after carving out Schedule-A2 property.] 2. All that piece & parcel agricultural land bearing Sy.No.10/1, measuring 01A-11G situated at Pataganahalli village, Kolal Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.4 Property. 3. All that piece & parcel agricultural land bearing Sy.No.10/2, measuring 02A-13G out of 11A-13G, situated at Thigalarahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist., & bounded on: East By: Land in Sy.No.1 & 11. - 11 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 West By: Remaining Land in Sy.No.10/2, belonging to Triveni. North by: Land bearing Sy.No.9. South by: Land bearing Sy.No.7. [The Remaining Suit Item No.5 property after carving out Schedule-A1 property.] 4. All that piece & parcel agricultural land bearing Sy No.10/2A, measuring 01A-28G situated at Pataganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist/Suit Item No.6 Property. 5. House and Site properties bearing Katha No.120, 272, 273 and 275 of Pathaganahalli vilalge/Suit Item No.11 Property. 6. House bearing Katha No.167/1, 20 Ankanas situated at Pathaganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist & bounded on East: house of Gangamma, West and South: Oni, North: Road/Suit Item No.16 Property. 7. Site bearing Katha No.127/1, 127/2, 159 measuring Easat to West-80 feet & North to South-38 feet situated at Pathaganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist & bounded on East: Road, West: House of Gangamma North: Road & South: Oni/Suit Item No.17 Property. 8. Property bearing Katha No.175/2 having a house measuring 6 Anakana, situated at Pathaganahalli village, Kolala Hobli, Koratagere Taluk, Tumakuru Dist & bounded on: East by: Beedhi, West by: A.K. Colony, North by: House of Nataraj & South by: House Nagaraj/Suit Item No.18 Property." - 12 - NC: 2025:KHC:9765 RFA NO.2171 OF 2024 6. In view of the settlement entered into between the appellant/defendants and the respondent/plaintiff as stated in the memorandum of settlement/compromise, I pass the following: O R D E R (1) The Regular First Appeal is hereby disposed of in terms of the memorandum of settlement/compromise filed by the parties; (2) The impugned judgment and decree dated 04th July, 2024 passed in Original Suit No.38 of 2016 on the file of the Itinerary Senior Civil Judge and JMFC., Koratagere is hereby modified in terms of the settlement entered into between the parties as per the memorandum of compromise/ settlement and sketch annexed thereto; (3) Registry is directed to draw final decree in terms of the settlement entered into between the parties as per the memorandum of compromise/ settlement. Sd/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 24