- 1 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 228 OF 2011 (PAR) BETWEEN: 1. SMT HEMAVATHI W/O LATE PANCHAKSHARI GOWDA AGED ABOUT 42 YEARS OCC: HOUSEMAKER & AGRICULTURIST 2. MANOJ KUMAR S/O LATE PANCHAKSHARI GOWDA AGED ABOUT 21 YEARS OCC: STUDENT. 3. SANDEEP S/O LATE PANCHAKSHARI GOWDA AGED ABOUT 18 YEARS OCC STUDENT ALL R/AT BARADAHALLI VILLAGE SAGAR TALUK 577 401 SHIMOGA DISTRICT. …APPELLANTS (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. SMT CHANNABASAMMA W/O KUMARASWAMY GOWDA DEAD BY HIS LR’S REP BY R2 & R4 DELETED V/O 04.01.2024 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 2. SMT ANNAPOORNA W/O ALAMESH PRABHU AGED ABOUT 50 YEARS OCC HOUSE MAKER R/O NEJJURU VILLAGE SIDDAPURA TLAUK 581 355 UTTARAKANNADA DSITRICT. 3. SMT VINODA D/O KERESWAMY GOWDA SINCE DEAD BY HIS LR’S REP BY R2 & R4 DELETED V/O 04.01.2024 4. LOKANATHA S/O KERESWAMY GOWDA AGED ABOUT 45 YEARS OCC: AGRICULTURE R/O BARADAHALLI VILLAGE,SAGAR TALUK SHIMOGA DISTRICT 577 401. …RESPONDENTS (BY SRI. HARISH KUMAR M S., ADVOCATE FOR R2 & R4: R1 & R3 ARE DEAD REP BY R2 & R4 AND DELETED V/O DATED:04.01.2024 ) THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 26.10.2010 PASSED IN OS.NO.10/2008 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC., SAGAR, PARTLY DECREEING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 ORAL JUDGMENT The plaintiff filed a suit for partition in O.S.No.10/2008 on the file of Additional Senior Civil Judger and JMFC, Sagar. The suit came to be decreed, by judgment and decree dated 26.10.2010. Being aggrieved by the same, the defendants filed this regular first appeal before this Court. 2. After service of notice to the respondents, the matter was referred to Mediation. The parties have settled the matter in the Mediation in terms of the settlement. 3. The parties are present before the Court and they have been identified by their respective counsels. The parties have agreed for the settlement as per the memorandum of settlement before the Mediation. The memorandum of settlement is extracted below: “Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. I. The Respondents have filed the suit in O.S.No.10/2008 on the file of the Addl. Senior Civil Judge and JMFC Sagar - 4 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 against the defendant/appellants for the relief of partition and separate possession of their share in the joint family properties. The said suit filed by the Respondent came to be decreed in part providing the appellant 1/5th share in the suit schedule properties by way of a judgment and decree dated 26.10.2020. II. By being aggrieved by the aforesaid judgment the appellants have preferred the instant appeal. It is submitted that during pendency of the instant appeal the Respondent No.1 and Respondent No.3 died leaving behind the appellants and the respondent Nos.2 and 4 to succeed to their estate. Appellant No.1 is the mother of Appellant No.2 and 3 herein. III. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Defendant/appellant and the Plaintiff/ respondents along with their respective advocates were present to dissolve their disputes and they have agreed and arrived the following terms and conditions: 1. In view of this settlement the respondent No.2 has agreed to relinquish her title, interest in all the joint family properties for valuable consideration of Rs.10,00,000/- (Rupees Ten Lakhs Only) and the same will be paid by the appellants and the respondent No.4 equally. The appellants and the respondent No.4 has agreed to pay the aforesaid agreed amount to the respondent No.2 by way of two demand draft bearing No.862911 dated 05.08.2025 drawn on Karnataka Gramina Bank, Shiravante Branch, Sagara Taluk issued by Smt.Hemavathi who is appellant No.1 herein and another - 5 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 demand draft bearing No. No.510864 dated 05.08.2025 drawn on Union Bank of India, Sagara Town Branch issued by Sri.Lokanath K.B,. who is respondent No.4 herein and the said demand drafts shall be handed over to the respondent No.2 before the Hon'ble Court at the time of reporting settlement. The respondent No.2 has accepted the said payment voluntarily and own heartedly agreed to relinquish her share, title, interest in the joint family properties. 2. The appellants and respondent No.4 have mutually agreed to share all the joint family properties equally as per the schedule. 3. The appellants have agreed give up their claim with regard to the movable properties (gold, silver as claimed in the appeal). 4. The appellants by oversight have preferred the suit without arraying an item of immovable property situated in survey No.1 of Baradavalli Village, Thalaguppa Hobli, Sagar Taluk measuring 1 acre 22 guntas of Kushki land. However now the appellant and respondent No.4 have mutually agreed to share the said property equally among themselves. 5. The appellants and respondent No.4 have constructed residential houses of their own utilizing the remains of the joint family house and they are residing in the said house independently. Hence the parties have agreed that the appellants shall not claim any right over the house of respondent No.2 and the 2nd respondent undertakes to not claim the house of appellants. - 6 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 6. In view of this settlement agreement both the parties pray that the Hon'ble Court may pass such order that any case/ complaint/petition pending before any authority/competent court is pending filed by any of the party herein and by oversight they failed to mention those case details shall stand dismissed and as not pressed. 7. Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present, future. 8. Both the parties hereby confirm that all the allegations made by them against each other before any authority/Court stands withdrawn in view of this settlement. 9. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. SCHEDULE A PROPERTIES (Appellants Share-Hemavathi W/o Panchakshari Gowda) 1) All the piece and parcel of the residential site situated on Sy.No. 69 of Tattekoppa Hamlet, Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring East to West 126 Feets and North to South 52 Feets and the residential house situated thereon and bounded on: East by : Road West by : Soppina Betta (Sy.No.69) North by : House belongs to Parwathamma South by : House belongs to Shashidhar - 7 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 2) All the piece and parcel of the Bagayath situated on Sy.No. 51/1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-04 Guntas and bounded on: East by : Land belongs to Lokanath Gowda West by : Land belongs to Annaji Gowda North by : Small Water Canal South by : Soppina Betta 3) All the piece and parcel of Agricultural Wet Land (Thari) situated on Sy.No. 27 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-10 Guntas and bounded on: East by : Land belongs to Prakash Kumar.B.G West by : Land belongs to Kanase Narayanappa North by : Land belongs to Karemane Huchappa South by : Small Water Canal. 4) All the piece and parcel of Bagayath land (Arecanut Garden) situated at Sy.No.56 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-12 1/2 Guntas and bounded on: East by : Government Land West by : Soppina Betta North by : Land belongs to Lokanath Gowda South by : Land belongs to Annaji Gowda 5) All the piece and parcel of Agricultural Wet Land (Thari) situated at Sy.No.237/2 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 1-02 Acres and bounded on: East by : Varada River West by : Magadi Riverlet North by : Land belongs to Karemane Hucchappa South by : Land belongs to Lokanath Gowda - 8 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 6) All the piece and parcel of Agricultural Dry Land (Khushki) situated at Sy.No.237/2 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-10 1/2 Guntas and bounded on : East by : Land belongs to Karemane Hucchappa West by : Magadi Riverlet North by : Land belongs to Kanle Ramappa South by : Land belongs to Lokanath Gowda 7) All the piece and parcel of Agricultural Dry Land (Khushki) situated at Sy.No. 301 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-20 Guntas and bounded on: East by : Land belongs to Lokanath Gowda West by : Grama Thana North by : Road South by : Land belongs to Annaji Gowda 8) All the piece and parcel of Agricultural Wet Land (Thari) situated at Sy.No.101 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 1-20 Acres and bounded on: East by : Land belongs to Channabasappa Gowda West by : Land belongs to Shivaji Gowda North by : Land belongs to Channabasappa Gowda & Ors. South by : Tank Bed 9) All the piece and parcel of Agricultural Dry Land (Thari) situated at Sy.No.1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-31 Guntas and bounded on: East by : Riverlet West by : Road North by : Land belongs to Lokanath Gowda South by : Government Land - 9 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 SCHEDULE B PROPERTIES (Respondent No.4 Share) (Lokanatha Gowda S/o Kere Swamy Gowda) 1) All the piece and parcel of the residential site situated on Sy.No. 90/1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, having Khatha No.52 Measuring East to West 19 Feets and North to South 128 Feets and the residential house situated thereon and bounded on: East by : House belongs Annaji Gowda West by : House belongs Jayanthi North by : Road South by : Road 2) All the piece and parcel of Agricultural Wet Land (Thari) situated on Sy.No.1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 1-00 Acre and bounded on : East by : Small Water Canal West by : Road North by : Remaining Land in Sy.No.1 South by : Land Belongs to Prakash Kumar & others 3) All the piece and parcel of Agricultural Wet Land (Thari) situated on Sy.No. 8 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-07 Guntas and bounded on: East by : Land belongs to Shantha Gowda West by : Land belongs to Satish Gowda North by : Land belongs to Shantha Gowda South by : Small Water Canal. 4) All the piece and parcel of Bagayath (Arecanut Garden) situated at Sy. No.51/1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-04 Guntas and bounded on: East by : Land belongs to Channabasappa Gowda West by : Small Water Canal - 10 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 North by : Small Water Canal South by : Soppina Betta 5) All the piece and parcel of Bhagyath Land (Arecanut Garden) situated at Sy.No. 56 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-12 1/2 Guntas and bounded on: East by : Government Land West by : Soppina Betta North by : Land belongs to Halappa Gowda South by : Land belongs to Hemavathi 6) All the piece and parcel of Agricultural Wet Land (Thari) situated at Sy.No.237/2 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 1-02 Acres and bounded on : East by : Varada River West by : Magadi Riverlet North by : Land belongs to Hemavathi South by : Land belongs to Satish.B & Others 7) All the piece and parcel of Agricultural Dry Land (Khushki) situated at Sy.No. 237/2 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-10 1/2 Guntas and bounded on: East by : Land belongs to Hemavathi West by : Magadi Riverlet North by : Land belongs to Hemavathi South by : Land belongs to Satish Gowda.B 8) All the piece and parcel of Agricultural Dry Land (Khushki) situated at Sy.No.301 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-30 Acres and bounded on : East by : Small Water Canal - 11 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 West by : Railway Line North by : Land belongs to Gubbachi Devaraja South by : Railway Line 9) All the piece and parcel of Agricultural Dry Land (Khushki) situated at Sy.No. 301 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-30 Guntas and bounded on: East by : Land belongs to Annaji Gowda West by : Land belongs to Hemavathi North by : Road South by : Land belongs to Annaji Gowda 10) All the piece and parcel of Agricultural Wet Land (Thari) situated at Sy.No.1 of Baradavalli Village, Talaguppa Hobli, Sagar Taluk, Measuring 0-31 Guntas and bounded on: East by : Land belongs to Lokanatha Gowda West by : Road North by : Land belongs to Prakash Kumar & Others South by : Land belongs to Hemavathi IV. In view of the aforesald agreement, both the parties pray that this Hon'ble court may be pleased to decree the appeal as stated above, in the interest of justice and equity in terms of the aforesaid agreement. V. In view of the aforesaid agreement, the appellant prays for refund of the court fee. VI. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement.” 4. As per the memorandum of settlement, the plaintiff has handed over a Demand Draft bearing - 12 - HC-KAR NC: 2025:KHC:32692 RFA No. 228 of 2011 No.510864 dated 05.08.2025 for a sum of Rs.5,00,000/- drawn on Union Bank of India, Sagar Town Branch to the second respondent and the appellant No.1 also handed over a Demand Draft bearing No.862911 dated 05.08.2025 for a sum of Rs.5,00,000/- drawn on Karnataka Gramin Bank, Shiravante Branch, Sagar to the second respondent. 5. In view of the above settlement, the appeal stands disposed of in terms of the memorandum of settlement. 6. The registry is directed to draw a modified decree in terms of the memorandum of settlement. The registry is also directed to refund the court fee to the appellants, after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 58