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2025 DAILYLAW 39864 (KAR)

SMT. KARIYAMMA v. SRI BASAVARAJAPPA

RSA/1165/2021 · 2025-10-17

H P Sandesh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1165 OF 2021 (DEC/INJ) BETWEEN: 1. SMT. KARIYAMMA W/O. LATE KADURAPPA AGED ABOUT 77 YEARS 2. SRI. SRINIVASA S/O. LATE KADURAPPA AGED ABOUT 52 YEARS 3. SRI. RUDRAPPA S/O. DADURAPPA AGED ABOUT 42 YEARS NO.1 TO 3 ARE R/O. MADAKERE VILLAGE MADAKERE HOBLI HOSDURGA DISTRICT-577501. 4. SMT. RANGAMMA W/O. SHIVANNA AGED ABOUT 38 YEARS ADIRALU VILLAGE IMMANGALA HOBLI HIRIYUR TALUK-577558. 5. SMT. RUDRAMA W/O. THIMMAPPA, AGED ABOUT 42 YEARS R/AT KESHAVAPURA VILLAGE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 HOLALKERE TALUK-577557. 6. SRI. NAGARAJA S/O. ESHWARAPPA AGED ABOUT 23 YEARS NETHAJI EXTENSION HIRIYUR TOWN-577598. 7. SMT. KARIYAMA W/O. LATE. DASAPPA AGED ABOUT 23 YEARS MADADAKERE VILLAGE MADADKERE HOBLI HOSDURGA TALUK-577501. 8. SMT. VATSALA W/O. THIPPESH AGED ABOUT 36 YEARS MAVINAKATTE VILLAGE KASABA HOBLI HOSDURGA TALUK-577526. 9. SMT. SAVITHA W/O. SIDDESH AGED ABOUT 29 YEARS KABALA VILLAGE HOSDURGA TALUK-577527. 10. SMT. SHARADAMMA W/O. KENCHAPPA AGED ABOUT 62 YEARS 11. SRI. MANJANNA S/O. DASAPPA AGED ABOUT 47 YEARS NO.10 AND 11 ARE R/O MADADAKERE VILLAGE MADADAKERE HOBLI HOSDURGA TALUK-577501. - 3 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 12. SMT. PARAMESHWARA S/O. CHANDRAPPA, AGED ABOUT 37 YEARS 13. SRI. MANJANNA S/O. CHANDRAPPA, AGED ABOUT 30 YEARS 14. SMT. GEETHAMMA W/O. KARIBASAPPA, NO.12 TO 14 ARE R/O MADADAKERE VILLAGE & HOBLI HOSDURGA TALUK-577 501. …APPELLANTS (BY SRI. KRISHNAMURTHY M.R., ADVOCATE) AND: 1. SRI BASAVARAJAPPA S/O. HUCHAPPA AGED ABOUT 77 YEARS 2. 2(a) SRI. THIMMAPPA DEAD BY LEGAL REPRESENTATIVES 2(a) AND 2(b). SRI. VEDAMURTHY S/O LATE SRI. THIMMAPPA AGED ABOUT 40 YEARS 2(b) SRI. VIJAYKUMAR S/O LATE SRI. THIMMAPPA AGED ABOUT 37 YEARS BOTH RESIDING OF MADAKAKERE VILLAGE AND HOBLI HOSADURGA TALUK-577501. 3. SRI. RANGAPPA S/O. HUCHAPPA AGED ABOUT 67 YEARS - 4 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 MADAKAKERE VILLAGE AND HOBLI HOSADURGA TALUK-577501. 4. SMT. SHIVARUDRAMMA D/O. HUCHAPPA AGED ABOUT 52 YEARS (W/O. LATE SHEETHAPPA) HULIKERE VILLAE TALYA HOBLI HOLALKERE TALUK-577526. 5. SMT. RAJAMMA D/O. HUCHAPPA AGED ABOUT 42 YEARS NAKIKERE VILLAE MADADAKERE HOBLI HOSDURGA TALUK-577527. 6. 6(a) SMT. THIMMAKKA DEAD BY LEGAL REPRESENTATIVES 6(a) TO 6(c). SRI. PARAMESH S/O GIRIYAPPA AGED ABOUT 36 YEARS 6(b) SMT. SIDDAMMA D/O GIRIYAPPA AGED ABOUT 34 YEARS 6(c) SMT. RANGAMMA D/O GIRIYAPPA AGED ABOUT 32 YEARS ALL ARE RESIDING AT TANIGEKAL VILLAGE MADADAKERE HOBLI HOSDURGA TALUK-577501. 7. SRI. RAMAPPA S/O. MANGAMMA AGED ABOUT 72 YEARS - 5 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 8. SRI. SHIVANNA S/O. MANGAMMA, AGED ABOUT 67 YEARS NO.7 AND 8 ARE R/AT NAGATHIHALLY VILLAGE MADADAKERE HOBLI HOSDURGA TALUK-577501. 9. SMT. BASAMMA W/O. NARASHIMAPPA AGED ABOUT 62 YEARS GULIHATTY VILLAGE MADADAKERE HOBLI HOSDURGA TALUK-577527. 10. SMT. CHANDRAMMA W/O. CHEKHARAPPA AGED ABOUT 57 YEARS ATHIMAGE VILLAGE MADADAKERE HOBLI HOSDURGA TALUK-577501. 11. SRI. RUDRAPPA S/O. MANGAMMA, AGED ABOUT 47 YEARS 12. SRI. RAJAPPA S/O. SMT. MANGAMMA, AGED ABOUT 45 YEARS NO.11 AND 12 ARE R/O. NAGATHIHALLY VILLAGE MADADAKERE HOBLI HOSDURGA TALUK 577501 …RESPONDENTS (BY SRI A.R.HOLLA, ADVOCATE FOR R1, R3 TO R5, R7 TO R12; SRI. R. SHASHIDHARA, ADVOCATE FOR R2(a to b); SRI. P. RAVINDRA, ADVOCATE FOR R6( a to c) - 6 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.01.2020 PASSED IN R.A.NO.93/2019 ON THE FILE OF THE 1st ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.04.2019 PASSED IN O.S.NO.17/2018 (OLD NO.38/2001) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL COMING ON FOR REPORTING SETTLEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. The learned counsel for appellants has filed the compromise petition with the Special Power of Attorney of other appellants. 2. Appellant No.11 is present before the Court. Original Special Power of Attorney is placed before the Court and also produced the attested copies of Aadhaar card of respective appellants before the Court and the same have been also attested by the appellants also. 3. Respondent No.3-Rangappa is present before the Court and respondents also produced the Special Power of attorney executed by other respondents and also produced attested copies of Aadhaar card of respective - 7 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 respondents and the same have been also attested by the respective respondents. 4. Having considered the compromise petition and also the Special Power of Attorney executed by other appellants and respondents and in terms of the compromise, there are two items of the properties and in terms of the settlement between the parties, land in Sy.No.53/1 measuring 3 acres 30 guntas situated at Madadakere Village, Madakere Hobli, Hosdurga Taluk allotted in favour of the appellants and other Sy.No.37/1 measuring 3 acres 18 guntas situated at Madadakere Village, Madakere Hobli, Hosdurga Taluk allotted in favour of the respondents and each of them have no objection to transfer the revenue records in their respective names in terms of the settlement. 5. The parties understood the terms of the compromise. Hence, compromise terms are accepted. - 8 - HC-KAR NC: 2025:KHC:41453 RSA No. 1165 of 2021 6. The Registry is directed to draw the decree in terms of the compromise. Accordingly, the appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 55