- 1 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 405 OF 2018 (PAR) BETWEEN: SRI. G D MANJUNATH S/O LATE DHANACHAR AGED ABOUT 57 YEARS R/AT GATTADAHALLI VILLAGE, MAKONAHALLI POST-577 132 MUDIGERE TALUK, CHICKAMAGALUR DISTRICT. …APPELLANT (BY SRI. LAKSHMINARAYANA RAO K R., ADVOCATE) AND: 1. SRI. G D RAMESH S/O LATE DHANACHAR, AGED ABOUT 49 YEARS R/AT GATTADAHALLI VILLAGE, MAKONAHALLI POST, MUDIGERE TALUK-577 132 2. SMT G D JAYAMMA W/O LAXMANACHAR G K AGED ABOUT 65 YEARS GOWDALLI POST, MUDIGERE TALUK, CHICKAMAGALUR DISTRICT 3. SMT G D NAGARATHNA W/O RAMACHAR, AGED ABOUT 63 YEARS Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 BAIRIGADDE, KUNDUR POST, MUDIGERE TALUK-577 132 CHICKMAGALUR DISTRICT. 4. SMT G D ANNPURNA W/O JAYARAM H S AGED ABOUT 61 YEARS R/AT HARJIHALLI VILLAGE, AVATHI POST-577 101 CHICKMAGALUR DISTRICT 5. SMT G D SUSHEELA W/O SADHASHIVA H M AGED ABOUT 59 YEARS R/AT HALSULIGE POST, SAKLESHPURA TALUK, HASSAN DISTRICT-573 134 6. SMT G D LALITHA SINCE DEAD BY HER LR’S 6(A) SRI A.B.KRISHNACHAR S/O LATE BILLACHAR, AGED ABOUT 66 YEARS R/AT “LAKSHMI KRUPA” BSNL TOWER ROAD, NEHARU NAGAR, VIJAYAPURA EXTN., CHICKAMAGALURU-577 101. 6(B) DEEPAK KUMAR S/O A.B.KRISHNACHAR, AGED ABOUT 42 YEARS R/AT NO.91, HOUSE NO.5 4TH MAIN, 3RD CROSS, BHEL LAYOUT, PATTANAGERE LIMITS RAJARAJESHWARINAGAR, BENGALURU-560 098. - 3 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 6(C) DEEKSHITH ANOOR, S/O A.B. KRISHNACHAR, AGED ABOUT 40 YEARS R/AT UNIT -2, 129 VICTORIA AVENUE, CHATS WOOD, NEW SOUTH WALES -2067, AUSTRALIA. 7. SMT G D SHARADHA SHANKAR, W/O B Y SHANKAR, AGED ABOUT 53 YEARS BENAKA NILAYA, NEXT TO N.G.O.BUILDING, BELUR-573 121 HASSAN DISTRICT 8. SMT G D PREMA KRISHNAMURTHY, W/O KRISHNAMURTHY A ADHARSHA NILAYA, 60 FEET ROAD, VINOBHA NAGAR, SHIMOGA-577 201 …RESPONDENTS (BY SRI. S.V. PRAKASH, ADVOCATE FOR R1; SRI GANESH R, ADVOCATE FOR R-2 TO R-5 & R-7 TO R-8; SRI GOPALA H.M, ADVOCATE FOR R-6(A) TO R-6(C)) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND DECREE DTD 30.10.2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, IN SO FAR AS R.A.NO.73/2015 IS CONCERNED CONFIRMING THE JUDGMENT AND DECREE DTD 07.07.2015 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, MUDIGERE, IN - 4 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 O.S.NO.94/2009 CONSEQUENTLY, DISMISS THE SAID SUIT FOR THE ALLEGED RELIEF OF PARTITION, BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT This appeal is filed challenging the Judgment and Decree dated 30.10.2017 passed by the Senior Civil Judge and JMFC, Mudigere in R.A.No.73/2015, confirming the Judgment and Decree dated 07.07.2015 passed by the Addl. Civil Judge and JMFC, Mudigere in O.S.No.94/2009. 2. Heard Sri.Lakshminarayana Rao.K.R, learned counsel for the appellant, Sri.S.V.Prakash, learned counsel for Respondent No.1, Sri.Ganesh.R, learned counsel for Respondents 2 to 5 and 7 to 8, Sri.Gopala.H.M, learned counsel for Respondent No.6(a) to 6(c). 3. The suit in O.S.No.94/2009 is a suit for partition filed by the Respondent No.1-younger brother of the appellant. - 5 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 The trial Court has decreed the suit declaring that Respondent No.1 would be entitled for a share in the suit schedule properties along with the appellant and their siblings. Other suits were also filed seeking partition of certain properties. These suits were also decreed. The first appellate Court dismissed the appeals filed by the appellant and the defendants, challenging the suits. It is submitted that there is no dispute regarding the relationship between the parties. 4. The appeal is admitted by this Court on 19.08.2019, framing the following substantial question of law: “Whether the findings by the Courts below that the suit schedule properties are the joint family properties and the father late Dhanachar could not have partitioned the properties vide partition deed dt.31.10.1996 are based on evidence on record? Drawing up of final decree proceedings is stayed as regards the suit properties. - 6 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 5. Learned counsel for the parties have filed compromise petition dated 09.10.2025, which reads as under: 2. It is submitted that, during the pendency of the above appeal, at the intervention of relatives, well wishers of both the parties, the parties herein have amicably settled all the disputes involved in the above appeal mutually on the following terms and conditions; (a) The father of appellant and respondents herein namely Dhanachar during his life time executed a registered deed dt:31-10-1996 by allotting the agricultural property bearing Sy. No.28 to the extent of 3-17 guntas (including two guntas of Kharab land and another property bearing Sy. No.27/p1 to the extent of two acres, both situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, in favour of the appellant herein. And ever since then the appellant herein is in peaceful possession and enjoyment of the said lands and the revenue records have been transferred in the name of the appellant and he is been paying taxes to the concerned authority. (b) The Appellant has agreed to give 1-20 guntas out of the aforesaid property in Sy.No.28 totally measuring 3-17 guntas to the Respondent No.1 under this compromise and the Respondent No.1 has agreed and accepted to receive the said property. (c) The Respondent No. 1 to 8 have agreed that the property bearing Sy.No.36/p1, measuring 4-04 guntas exclusively belongs to appellant as he had purchased the said property vide registered sale deed dt;02-01- - 7 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 1997 and ever since then, he is in peaceful possession and enjoyment of the said property as absolute owner thereof and the revenue records stands in the name of appellant and he is paying necessary taxes to the concerned authorities. (d) The properties are detailed below as "A" Schedule Properties have been allotted the share of Appellant Sri. G.D. Manjunatha and the properties mentioned in the "B" Schedule to this Compromise have been allotted to the share 1st Respondent Sri. G.D. Ramesh. (e) The residential house measuring 27x35 feet where the Appellant and his family members are presently and the cattle shed measuring 42½ x17½ feet, both situated adjacent to the said residential house and the same have been allotted to the share of the appellant Sri. G.D. Manjunath. (f) As per the agreed terms of this compromise, the appellant has agreed to pay a sum of Rs.2,00,000/- to the respondent No.1 Sri. G.D.Ramesh. The appellant has paid Rs. 1,50,000/- to the respondent No.1 through online money transfer as part payment and the same has been acknowledged by the respondent No.1. The remaining balance amount of Rs.50,000/- shall be paid by the appellant to the respondent No.1 on the date of compromise. (g) It is agreed between the appellant and respondent No.1 that, except the compromise schedule properties which are referred as suit schedule properties, there are no other ancestral or joint family properties belonging to the parties to this compromise. (h) The Respondent No.1 has given up his claim whatsoever in respect of movables described in item "B" Schedule Property to the plaint in O.S.No.94/2009. And the same has - 8 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 been relinquished in favour of Appellant Sri. G.D. Manjunath. (i) The appellant and respondent No.1 are at liberty to get the katha transferred in their respective names in the revenue records and shall pay the taxes to the concerned authorities as per this Compromise petition. (j) The appellant and respondent No.1 by virtue of this Compromise are at liberty to deal with the respective properties including sale, gift and transfer etc., as absolute owners thereof allotted to them under this compromise. (k) The Appellant and respondent No.1 shall co-operate each other in mutating their respective names in the revenue records in respect of properties so allotted to them under this compromise and shall sign the necessary papers required for transfer of katha and other relevant records before the concerned authorities. (l) In view of the above Compromise, there exists only blood relationship between the parties and henceforth, there will be no relationship of any sort existing in respect of movables and immovable properties of the joint family. (m) In view of the above compromise, the parties have been agreed that, there is no loan or other liabilities in respect of joint family properties and in the event of any loan or liabilities in respect of properties if any availed by the parties and the respective parties are alone liable to discharge the loan or other liabilities in respect of shares allotted to them. 3. The respondents 2 to 8 are the daughters of late Dhanachar are all married and are happily residing with their family and are well - 9 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 placed financially and they have voluntarily given up, released and relinquished their 1/10th share which has been allotted by the Trail court in O.S.No. 94/2009 and the same has been affirmed by the first appellate court in R.A.No. 73/2015 as aforesaid in favour of appellant and respondent No.1 herein without expecting any consideration from the appellant and respondent No. 1. 4. In view of voluntarily releasing and relinquishing their rights over the suit schedule properties by the respondent No.2 to 8 have agreed that, either themselves or through their legal heirs they will not claim any rights over the suit properties either at present or in future. 5. The parties herein have entered into this Compromise on their own volition without there being threat, coercion or undue influence from either of parties. 6. It is agreed to between the parties this Compromise is full and final settlement of all the disputes, claims in respect of the suit schedule properties and parties have agreed that they shall not file any claims against each other in future in respect of suit schedule properties. SCHEDULE "A" PROPERTY (allotted to the share of G.D.Manjunatha) (1) Land bearing Sy.No.27/p1, measuring 2- 22 guntas (two acres twenty two guntas), situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded; East by : Sy. No.28, land belongs to G.D. Manjunath. West by : Colony North by : land belongs to Shivaprakash South by : land belongs to Kalachar & Puttaswamachar - 10 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 (2) Land bearing Sy.No.28, measuring 1-37 guntas (one acre thirty seven guntas), situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded; East by: land belongs to M.K. Pranesh West by: Sy.No.27, belongs to G.D. Manjunath North by :Sy.No.36/p1, belongs to G.D. Manjunath South by: land belongs to Kalachar & Puttaswamachar (3) Land bearing Sy.No.126/2, measuring 0- 18 guntas(eighteen guntas), situated at Kannapura Village, Kasaba Hobli, Mudigere Taluk, bounded; East by : land belongs to Dhakshayani. West by : land belongs to Nagamma North by : land belongs to Dhakshayani South by : land belongs to Lakshmana (4) Land bearing Sy.No.63/3, measuring 0-08 guntas (eighteen guntas), situated at Kannapura Village, Kasaba Hobli, Mudigere Taluk, bounded; East by : land belongs to M.C. Sudhakar, West by : land belongs to K.C. Rudresh North by : land belongs to N.S. Ravi. South by: land belongs to K. J. Krishnegowda (5) Residential house bearing property No.9 in Sy.No.28 27x35 feet and the cattle shed measuring 42½ x17½ feet, cow shed, situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded; East by: Sy.No.28, belongs to G.D. Manjunath West by: land belongs to Mache Gowda North by: Maramma Temple South by : land belongs to Pranesh - 11 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 SCHEDULE "B" PROPERTY (allotted to the share of G.D.Ramesh) (1) Land bearing Sy. No. 14/2, measuring 2- 00 acres (two acres), situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded East by: land belongs to Kalachar & Puttaswamachar West by : Colony North by: Maramma Temple South by: land belongs to M.K. Pranesh (2) Land bearing Sy.No.28, measuring 1-20 (one acre twenty guntas), situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded; East by: land belongs to M.K.. Prasanna, West by: land belongs to G.D Manjunath North by: land bearing Sy.No.28. belongs to G.D.Manjunath South by: land belongs to Swaroop Uday (3) Land bearing Sy.No.36/p2, measuring 3- 00 (three acres), situated at Guttadahalli Village, Kasaba Hobli, Mudigere Taluk, bounded; East by: Sy.No.36/p1, belongs to G.D. Manjunath. West by: land belongs to Manchegowda & G.D. Manjunath North by: land belongs to M.D. Gopal South by: remaining Sy. No.36/p1, (4) Land bearing Sy.No.127/14, measuring 0- 20 guntas (twenty guntas) situated at Kannapura Village, Kasaba Hobli, Mudigere Taluk, bounded; East by: land belongs to Lokappa Gowda West by: Road - 12 - HC-KAR NC: 2025:KHC:39930 RSA No. 405 of 2018 North by: land belongs to Anne Gowda South by: land belongs to Raje Gowda 6. The compromise petition filed by the parties is taken on record. 7. Regular Second Appeal is disposed of in terms of the Compromise Petition dated 09.10.2025. Draw the decree accordingly. Sd/- (DR.K.MANMADHA RAO) JUDGE BNV List No.: 1 Sl No.: 18