- 1 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1891 OF 2022 (DEC/POS) BETWEEN: 1. G.S. PRAMODA, S/O G.P. JAGANATH, AGED ABOUT 42 YEARS, R/O DR. PRAMODH CLINIC, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 2. HONNAPPA GOWDA, S/O NINGANA GOWDA, AGED ABOUT 46 YEARS, E-GRAM, NEAR CANARA BANK, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 3. HANUMANTHAMMA, W/O NINGANA GOWDA, AGED ABOUT 67 YEARS, BHEEMANERI VILLAGE, CHANNAGIRI TALUK - 577213 4. V. ANITHA, W/O CHIGATERAPPA, AGED ABOUT 41 YEARS, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 5. RUDRESH S/O LATE BADAGI K.V. VEERABHADRACHARI, AGED ABOUT 44 YEARS, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 6. V.B. RUDRESH, S/O C.H. BASAVARAJAPPA, AGED ABOUT 39 YEARS, R/O BHEEMANERI, CHANNAGIRI TALUK - 577213 7. Y. RAMACHANDRAPPA, S/O YALLAPPA, AGED ABOUT 43 YEARS, R/O BHEEMANERI VILLAGE, CHANNAGIRI TALUK - 577213 8. H.S. PRAKASH, AGED ABOUT 58 YEARS, R/O NAGARIKA SEVA SAMITHI, SHIVAGANGA COLONY, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 9. SMT. KAVITHA, W/O RAVIKUMAR, AGED ABOUT 39 YEARS, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 10. T.R. SRINIVASA, S/O T. RANGAPPA, AGED ABOUT 47 YEARS, HIRE KOGALURU, CHANNAGIRI TALUK - 577213 11. S.V. NAGAMANI W/O K.H. CHIDANANDA MURTHY, AGED ABOUT 51 YEARS, CHIKKAPETE, BASAVANNA TEMPLE, - 3 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 CHITRADURGA DISTRICT - 577213 12. SMT. RENUKAMMA W/O GULEDARA SHIVAMURTHY, AGED ABOUT 54 YEARS, SIDDANAMATTA VILLAGE, CHANNAGIRI TALUK - 577213 13. D.S. RAJAPPA, S/O SIDDAPPA, AGED ABOUT 60 YEARS, R/O. SIDDANAMATTA VILLAGE, CHANNAGIRI TALUK - 577213 14. SMT. NIRMALA, W/O MAHADEVAPPA, AGED ABOUT 59 YEARS, R/O SANTHEBENNUR VILLAGE CHANNAGIRI TALUK - 577213 15. D.K. PREMA, W/O P.S. SIDDAPPA, AGED MAJOR R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 16. SHASHIKALA, W/O ONKARAPPA, AGED ABOUT 37 YEARS, NEAR I.T.I. COLLEGE, SARASWATHI NAGARA, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 17. SMT. R. RADHAMMA, AGED ABOUT 50 YEARS, UPPANAYAKANAHALLI CHANNAGIRI TALUK - 577213 - 4 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 18. P.S. PRADEEP KUMAR, S/O SHANTHAVEERAPPA, AGED MAJOR, R/O B DURGA, HOLALKERE, NOW RESIDING SANTHEBENNUR VILLAGE CHANNAGIRI TALUK - 577 213 19. SHIVAMURTHY, S/O PUTTA NAIKA, AGED ABOUT 52 YEARS, TEACHER, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 20. S.M. SUDHA, W/O SHANKARAPPA, AGED ABOUT 36 YEARS, R/O YAKKEGONDI VILLAGE, CHANNAGIRI TALUK - 577213 21. R. NAGESH NAIKA, S/O RAMA NAIKA, AGED ABOUT 39 YEARS GANGAGONDANAHALLI, TAVARAKERE - POST, CHANNAGIRI TALUK - 577213 22. R. THIPPESHA NAIKA, S/O RAMA NAIKA, AGED ABOUT 36 YEARS GANGAGONDANAHALLI, TAVAREKERE POST, CHANNAGIRI TALUK - 577213 23. SMT. GANGAMMA, W/O RUDRAPPA, AGED ABOUT 47 YEARS, NEAR KEB, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213. - 5 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 24. S.V. SAKAMMA W/O S.R. BASAVAAJAPPA AGED ABOUT 43 YEARS, R/O. 1ST CROSS, 4TH MAIN NEAR KRISHNA BUILDING, VINOBA NAGARA, DAVANAGERE, PRESENT ADDRESS: R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577 213. …APPELLANTS (BY SRI. R. GOPAL, ADVOCATE) AND: 1. SMT. SHARADAMMA W/O LATE OBLAPPA, AGED ABOUT 62 YEARS. 2. T.O. MANJUNATHA, S/O LATE OBLAPPA, AGED ABOUT 39 YEARS. 3. SMT. GEETHA D/O LATE OBLAPPA, AGED ABOUT 34 YEARS. 4. SMT. ROOPA, D/O LATE OBLAPPA, AGED ABOUT 32 YEARS. 5. T.O. ANNAPPA SWAMY, S/O LATE OBLAPPA, AGED ABOUT 30 YEARS. ALL THE ABOVE RESPONDENTS No.1 TO 5 ARE AGRICULTURISTS, R/O SANTHEBENNURU VILLAGE, CHANNAGIRI TALUK - 577213 - 6 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 6. SMT. HANUMAMMA, W/O LATE BASAPPA, AGED ABOUT 68 YEARS, R/O KALIKAMBA STREET, CHANNAGIRI TAUK - 577213 7. THIPPESHAPPA, S/O KAMPLAPPA AGED ABOUT 62 YEARS, R/O NEAR I.T.I. COLLEGE, SARASWATHI NAGARA, SANTHEBENNUE, CHANNAGIRI TAUK - 577213 8. SMT. GOWRAMMA, W/O KEMPANNA, AGED ABOUT 57 YEARS, R/O KALIKAMBA STREET, SANTHEBENNUR VILLAGE CHANNAGIRI TALUK - 577213 ONKARAPPA S/O KAMPLAPPA R/O KALIKAMBA STREET SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 SINCE DEAD, BY LRS 9. SMT. YASHODAMMA, W/O LATE ONKARAPPA AGED ABOUT 59 YEARS, R/O KALIKAMBA STREET, SANTHEBENNUR VILLAGE CHANNAGIRI TALUK - 577213 10. MURTHAPPA, S/O LATE ONKARAPPA, AGED ABOUT 42 YEARS, R/O KALIKAMBA STREET, SANTHEBENNUR VILLAGE, - 7 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 CHANNAGIRI TALUK - 577213 11. R. RAMESH, S/O RAJAPPA, AGED ABOUT 46 YEARS, R/O KALIKAMBA STREET, SANTHEBENUR VILLAGE, CHANNAGIRI TALUK - 577213 12. R. NAVEEN KUMAR, S/O RAJAPPA, AGED ABOUT 44 YEARS, R/O KALIKAMBA STREET, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 MURTHAPPA, S/O NARASHIMHAPPA, SINCE DEAD, BY LRS: 13. SMT. SUDHA, W/O LATE MURTHAPPA, AGED ABOUT 58 YEARS 14. VIJAYA KUMAR, S/O LATE MURTHAPPA, AGED ABOUT 40 YEARS BOTH ARE R/O NAYAKA STREET SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577 213 15. OBLAPPA S/O NARASIMHAPPA, AGED ABOUT 53 YEARS, R/O BEHIND POLICE STATION, NAYAKA STREET, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213 16. SMT. LOLAKSHA, S/O NARASIMHAPPA, - 8 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 AGED ABOUT 49 YEARS, R/O BEHIND POLICE STATION, NAYAKA STREET, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213. 17. SMT. GANGAMMA, W/O MANJAPPA, AGED ABOUT 60 YEARS, R/O KALIKAMBA STREET, SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213. 18. J. POORNIMA, W/O RUDRESHI, AGED MAJOR, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213. 19. J. JAYAPRAKASH, S/O J. MANJUNATHA JAWALI, AGED ABOUT 39 YEARS, COLLEGE ROAD CHANNAGIRI - 577213. 20. Y.B. RAVINDRA, S/O YALIGAR BASAVARAJAPPA, AGED ABOUT 45 YEARS, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK - 577213. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR SRI. DEVENDRAPPA, ADVOCATE FOR R1 TO R5) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.07.2022 PASSED IN OS No.9/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DECREEING THE SUIT FOR DECLARATION AND POSSESSION AND ETC. - 9 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred by defendants No.12 to 38 before the trial Court. 2. The suit was one filed for declaration, injunction as also seeking the relief of possession of the properties and for setting aside the partition deed dated 13.01.2005 and the sale deeds as well as alienation. 3. It is submitted that as far as appellants No.1 to 24 are concerned, the sale deeds in question are in respect of 2 acres of land comprised in item No.3 of the Suit Schedule Property. 4. It is submitted that the appellants had purchased the properties from defendants No.6 and 7, - 10 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 who are respondents No.11 and 12 in the appeal. It is submitted that respondents No.1 to 5 herein, who were the plaintiffs before the trial Court, have given up their claim over 2 acres of land in suit item No.3, which was alienated in favour of the appellants herein. 5. It is submitted that a settlement has been entered into between the appellants and respondents No.1 to 5/plaintiffs in the suit and a registered confirmation deed has also been executed and registered on 14.06.2025 in the Sub-Registrar office, Channagiri in favour of respondent No.11 and appellants No.1, 8, 10, 13 and 21, who represent the interest of other purchasers as well. 6. It is submitted that in the light of the confirmation deed and the settlement arrived at between the plaintiffs and the appellants herein, the appeal may be disposed of setting aside the impugned judgment and decree insofar as it relates to the alienated 2 acres out of - 11 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 the suit schedule item No.3 and decree is to be passed accordingly. 7. We have heard the learned counsel appearing for the appellants as well as the learned counsel appearing for respondents No.1 to 5. We have also perused the agreements and the registered documents produced along with a memo for disposal filed by the appellants on 18.07.2025. 8. Having considered the contentions advanced and in view of the fact that the appeal was confined to the alienated 2 acres of property as comprised in item No.3 of the Suit Schedule Property, we are of the opinion that the memo can be taken on record and the appeal can be disposed of in terms of the agreement entered into between the parties. 9. In the above view of the matter, the memo of settlement entered into between the parties and the registered confirmation deed dated 14.06.2025 is taken on - 12 - HC-KAR NC: 2025:KHC:35278-DB RFA No. 1891 of 2022 record. The appeal is disposed of in terms of the agreement entered into between the parties. The decree of the trial Court shall stand modified recording that the appellants' ownership and possession of the alienated 2 acres of property is confirmed by the plaintiffs. Decree shall be drawn up accordingly. Learned counsel for the appellants submits that Court fee may be refunded to appellant No.8- H.S. Prakash on proper identification on behalf of all the appellants. Said submission is recorded. Court fee shall be refunded to appellant No.8 - H.S. Prakash as applicable on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 59