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2026 DAILYLAW 27414 (KAR)

SMT. MUDDAMMA W/O LATE DODDAMARIGOWDA SINCE DEAD BY LRS v. CHIKKATHAYAMMA

RSA/18/2020 · 2026-06-30

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 18 OF 2020 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 17 OF 2020 IN RSA No. 18/2020 BETWEEN: SMT. MUDDAMMA W/O. LATE DODDAMARIGOWDA SINCE DEAD BY LRS 1. SMT. MANIYAMMA W/O LATE RAJU AGED ABOUT 57 YEARS 2. SRIKANTH S/O LATE RAJU AGED ABOUT 32 YEARS 3. SHWETHA D/O LATE RAJU AGED ABOUT 30 YEARS 4. A RAMU S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 62 YEARS 5. PUTTU S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 50 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 6. BEERAPPA S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 46 YEARS 7. KARUNA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 37 YEARS 8. LAKSHMI D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 43 YEARS 9. JAYAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 69 YEARS 10. KUM HEMA D/O JAYAMMA AGED ABOUT 33 YEARS 11. NAGAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 52 YEARS SINCE DEAD BY LRS 11A. DODDEGOWDA H/O LATE NAGAMMA AGED 51 YEARS 11B. BASAVARAJU D S/O DODDEGOWDA AGED 23 YEARS BOTH ARE RESIDING AT NO.236, KASABA HOBLI - 3 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 NAGANAHALLI POST LAKSHMIPURA MYSORE - 560 097 12. THAYAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 58 YEARS ALL ARE R/AT NO.579 HOSABEEDI MADIKERI MAIN ROAD HINKAL MYSURU - 570 009 THE APPELLANTS NO.1-5, 7, 8, 9, 10, 11(A), 11(B) AND 12 ARE REPRESENTED BY GPA HOLDER BEERAPPA WHO IS APPELLANT NO.6 …APPELLANTS (BY SRI. GIRISHA T.R., ADVOCATE) AND: 1. CHIKKATHAYAMMA W/O. LATE CHIKKAMARI AGED ABOUT 81 YEARS 2. SANTOSH S/O LATE HONNARTHAMMA AGED ABOUT 36 YEARS 3. MANU S/O LATE CHIKKAMARI AGED ABOUT 34 YEARS 4. NAGA S/O LATE CHIKKAMARI AGED ABOUT 68 YEARS 5. RAJU S/O LATE CHIKKAMARI AGED ABOUT 66 YEARS - 4 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 6. GOWRI D/O LATE CHIKKAMARI AGED ABOUT 61 YEARS 7. MAHADEVA S/O LATE CHIKKAMARI AGED ABOUT 48 YEARS 8. BEERAPPA S/O LATE CHIKKAMARI AGED ABOUT 46 YEARS 9. SRI KRISHNAPPA S/O LATE CHIKKAMARI @ BIKLA AGED ABOUT 59 YEARS RESPONDENTS NO.1 TO 9 ARE R/AT HINKAL VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 009 10. SRI. A. PAPANNA S/O. LATE ANNAIAH AGED ABOUT 78 YEARS R/AT HUNDI BEEDHI HINKAL VILLAGE KASABA HOBLI MYSURU TALUK MYSURU DISTRICT - 570 009 11. THE TAHASILDAR MYSURU TALUK MYSURU - 570 001 12. STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER D C OFFICE COMPLEX MYSURU - 570 001 - 5 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 13. CHANDULAL PATEL S/O. LATE V.K. PATEL AGED ABOUT 62 YEARS R/AT NO.27, 3RD STAGE INDUSTRIAL SUBURB SOUTH MYSORE - 570 008 …RESPONDENTS (BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R13 VIDE ORDER DATED 30.06.2026, R1 TO R12 ARE DELETED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.08.2019 PASSED IN RA NO.485/2018 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 29.09.2018 PASSED IN OS NO.628/2005 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE AT MYSURU. IN RSA No.17/2020 BETWEEN: SMT. MUDDAMMA W/O. LATE DODDAMARIGOWDA SINCE DEAD BY LRS 1. SMT. MANIYAMMA W/O LATE RAJU AGED ABOUT 57 YEARS 2. SRIKANTH S/O LATE RAJU AGED ABOUT 32 YEARS 3. SHWETHA D/O LATE RAJU AGED ABOUT 30 YEARS - 6 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 4. A RAMU S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 62 YEARS 5. PUTTU S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 50 YEARS 6. BEERAPPA S/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 46 YEARS 7. KARUNA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 37 YEARS 8. LAKSHMI D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 43 YEARS 9. JAYAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 69 YEARS 10. KUM HEMA D/O JAYAMMA AGED ABOUT 33 YEARS 11. NAGAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 52 YEARS SINCE DEAD BY LRS - 7 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 11A. DODDEGOWDA H/O LATE NAGAMMA AGED 51 YEARS 11B. BASAVARAJU D S/O DODDEGOWDA AGED 23 YEARS BOTH ARE RESIDING AT NO.236, KASABA HOBLI NAGANAHALLI POST LAKSHMIPURA MYSORE - 560 097 12. THAYAMMA D/O LATE DODDAMARIGOWDA @ MARIGOWDA AGED ABOUT 58 YEARS ALL ARE R/AT NO.579 HOSABEEDI MADIKERI MAIN ROAD HINKAL MYSURU - 570 009 THE APPELLANTS NO.1-5, 7, 8, 9, 10, 11(A), 11(B) AND 12 ARE REPRESENTED BY GPA HOLDER BEERAPPA WHO IS APPELLANT NO.6 …APPELLANTS (BY SRI. GIRISHA T.R., ADVOCATE) AND: 1. SRI. A PAPANNA S/O. LATE ANNAIAH AGED ABOUT 75 YEARS R/AT HUNDI BEEDHI HINKAL VILLAGE, KASABA HOBLI MYSURU TALUK MYSURU DISTRICT - 570 009 - 8 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 2. CHIKKATHAYAMMA W/O. LATE CHIKKAMARI AGED ABOUT 81 YEARS 3. SANTOSH S/O LATE HONNARTHAMMA AGED ABOUT 36 YEARS 4. MANU S/O LATE CHIKKAMARI AGED ABOUT 34 YEARS 5. NAGA S/O LATE CHIKKAMARI AGED ABOUT 68 YEARS 6. RAJU S/O LATE CHIKKAMARI AGED ABOUT 66 YEARS 7. GOWRI D/O LATE CHIKKAMARI AGED ABOUT 61 YEARS 8. MAHADEVA S/O LATE CHIKKAMARI AGED ABOUT 48 YEARS 9. BEERAPPA S/O LATE CHIKKAMARI AGED ABOUT 46 YEARS 10. SRI KRISHNAPPA S/O LATE CHIKKAMARI @ BIKLA AGED ABOUT 59 YEARS RESPONDENTS NO.2 TO 10 ARE R/AT HINKAL VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 009 - 9 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 11. THE TAHASILDAR MYSURU TALUK MYSURU - 570 001 12. STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER D C OFFICE COMPLEX MYSURU - 570 001 AS PER THE COURT ORDER DATED 30.06.2026 THE RESPONDENTS NO.1 TO 12 ARE DELETED 13. CHANDULAL PATEL S/O. LATE V.K. PATEL AGED ABOUT 62 YEARS R/AT NO.27, 3RD STAGE INDUSTRIAL SUBURB SOUTH, MYSORE - 570 008 …RESPONDENTS (BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R13 VIDE ORDER DATED 30.06.2026, R1 TO R12 ARE DELETED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.08.2019 PASSED IN RA NO.487/2018 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 29.09.2018 PASSED IN OS NO.628/2005 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE AT MYSURU. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 10 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Appellant No.6 - Beerappa, who is the power of attorney holder of remaining appellants including the legal representatives of deceased appellant No.11 is present. Respondent No.13 is present. 2. Appellant No.6 and respondent No.13 have presented a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. 3. On enquiry, parties agree that the contents of the compromise petition depict true terms of settlement and there is no force, undue influence or coercion in reaching out the terms of compromise. 4. As such there is no impediment for this Court to dispose off the appeals placing the compromise petition on record. 5. Hence, following order: - 11 - HC-KAR NC: 2026:KHC:32261 RSA No. 18 of 2020 C/W RSA No. 17 of 2020 ORDER (i) Appeals stand disposed off in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of compromise petition appending the copy of the compromise petition as part of the decree. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 11