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2025 DAILYLAW 78153 (KAR)

SMT MAHADEVAMMA v. NANJEGOWDA

RSA/860/2017 · 2025-09-04

E S Indiresh

Civil Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.860 OF 2017 (PAR) BETWEEN: 1. SMT. MAHADEVAMMA W/O LATE MARISWAMY AGED ABOUT 63 YEARS R/AT DUGGANAHALLI VILLAGE KIRUGAVALUR HOBLI MALAVALI TALUK MANDYA DISTRICT-571430. …APPELLANT (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE) AND: 1. 1(a). NANJEGOWDA SINCE DECEASED REP. BY LRS. SMT. JAYAMMA W/O LATE NANJEGOWDA AGED ABOUT 70 YEARS, 1(b). SRI. KULLEGOWDA S/O LATE NANJEGOWDA AGED ABOUT 42 YEARS 1(c). SRI. PUTTEGOWDA S/O LATE NANJEGOWDA AGED ABOUT 42 YEARS 1(d). SMT. GOWRI D/O LATE NANJEGOWDA W/O BOMMALINGA, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 AGED ABOUT 39 YEARS RESPONDENTS NO.1 (a) TO 1(d) ARE RESIDENT OF DOGGANAHALLI VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. 1(e). SMT. PADMA D/O LATE NANJEGOWDA W/O CHIKKABORA AGED ABOUT 40 YEARS, R/AT KANTEKERE VILLAGE K.M.DODDI HOBLI MADDUR TALUK-571430. 2. SMT. JAVANAMMA W/O MOOGEGOWDA AGED ABOUT 72 YEARS, R/AT BUHUJAVALLI VILLAGE C.A. KERE HOBLI MADDUR TALUK MANDYA DISTRICT-571430. 3. SMT. CHIKKATHAYAMMA W/O SUBBEGOWDA AGED ABOUT 70 YEARS, R/AT HOSAHALLI VILLAGE, SATHNUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-571430. 4. SMT. JAYAMMA W/O LATE ERAIAH AGED ABOUT 59 YEARS, 5. SRI. PUTTAMADA S/O LATE ERAIAH AGED ABOUT 41 YEARS, 6. SRI. MOOGA @ MAHADEVA - 3 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 S/O LATE ERAIAH AGED ABOUT 36 YEARS, RESPONDENTS NO. 4 TO 6 ARE R/AT KANDEGALA VILLAGE, KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 7. SMT. SAVITHA W/O JAVANEGOWDA AGED ABOUT 39 YEARS R/AT HOSAHALLI VILLAGE SATHNUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. 8. SMT. JAYAMMA W/O LATE MAHADEVU AGED ABOUT 51 YEARS 9. SMT. GUNDAMMA D/O LATE MAHADEVU AGED ABOUT 25 YEARS 10. SRI. RAJESH S/O LATE MAHADEVU AGED ABOUT 23 YEARS 11. SRI. PUTTAIAH S/O LATE MAHADEVU AGED ABOUT 20 YEARS 12. SMT. PUTTAMMA D/O LATE MAHADEVU AGED ABOUT 22 YEARS RESPONDENTS NO.8 TO 12 ARE R/AT DUGGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK - 4 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 MANDYA DISTRICT-571430. 13. THE GENERAL MANAGER SRI CHAMUNDESHWARI SUGARS LTD BHARATHI NAGARA (K.M.DODDI) C.A.KERE HOBLI MADDUR TALU MANDYA DISTRICT-571430. 14. SRI. SWAMY S/O KUNNEGOWDARA CHIKKEGOWDA AGED ABOUT 67 YEARS, R/AT DUGGANAHALLI VILLAGE, KIRUGAVALUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. …RESPONDENTS (BY SRI. MAHESHA K M.,ADVOCATE FOR R9, R11 AND R12; R1(a), R1(b), R1(c), R1(d), R1(e), R4, R5, R8, R10, R13, R14 ARE SERVED; V/O DATED 15.03.2023 SERVICE OF NOTICE AGAINST R6 HELD SUFFICIENT; R1(a) TO R1(e), R2 TO R7, R10, R13 AND R14 ARE DELETED V/O ORDER DATED 04.09.2025) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGEMENT & DECREE DATED 10.02.2017 PASSED IN R.A.NO.12/2015 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.01.2015 PASSED IN O.S.NO.97/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI. - 5 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. This appeal is preferred by the plaintiff assailing the judgment and decree dated 10.02.2017 in R.A.No.12/2015, on the file of I Addl. District and Sessions Judge at Mandya, dismissing the appeal and confirming the judgment and decree dated 30.01.2015 in O.S.No.97/2006 on the file of Senior Civil Judge and JMFC at Malavalli. 2. Learned counsel appearing for the parties submitted that the parties to the lis have entered into compromise and accordingly, filed the compromise petition under Order XXIII Rule 3 read with S.151 of CPC. 3. Parties are present before the Court and submitted that parties have voluntarily entered into compromise for resolution of their shares in the joint family property, without any force or undue coercion. In that view of the matter, the compromise petition is hereby accepted. - 6 - HC-KAR NC: 2025:KHC:34864 RSA No. 860 of 2017 4. The Judgment and decree passed by the Courts below shall stand modified in terms of the Compromise Petition filed by the parties herein. 5. Registry is directed to draw Decree accordingly. 6. The Regular Second Appeal stands disposed of as stated above. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 3