Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1041 OF 2023 (PAR) C/W REGULAR SECOND APPEAL NO. 1023 OF 2023 (DEC/INJ) REGULAR SECOND APPEAL NO. 1036 OF 2023 (PAR) IN RSA NO.1041/2023: BETWEEN:
1. SRI MUNI REDDY, S/O LATE LINGA REDDY @ MUNISWAMY REDDY (DIED ON 17-05-2023) SINCE DEAD BY LRs)
SMT. GOWRAMMA, AGED ABOUT 65 YEARS, W/O LATE MUNI REDDY
2. SRI RAMESH REDDY M AGED ABOUT 48 YEARS, S/O LATE MUNI REDDY
3. SRI SURESH REDDY M AGED ABOUT 45 YEARS, S/O LATE MUNI REDDY
4. PURUSHOTHAMA REDDY M AGED ABOUT 42 YEARS, S/O LATE MUNI REDDY APPELLANTS 1 TO 4 ARE R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. …APPELLANTS (BY SRI C SHANKAR REDDY, ADVOCATE)
Digitally signed by ANUSHA V Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
AND:
1. SMT. VINODAMMA @ VINODA C., W/O LATE VENKATESHA REDDY AGED ABOUT 52 YEARS,
2. SMT. LAVNYA V D/O LATE VENKATESHA REDDY AGED ABOUT 32 YEARS,
3. SMT DEEPA V D/O LATE VENKATESHA REDDY AGED ABOUT 30 YEARS,
4. SMT RASHMI D/O LATE VENKATESHA REDDY AGED ABOUT 27 YEARS,
RESPONDENTS 1 TO 4 ARE R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. 5. SRI M HANUMATHA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 59 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. 6. SRI M. NAGARAJA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 54 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 107. 7. SMT MUNIRATHNAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 67 YEARS, R/A BOORUGUNTE VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 125. - 3 -
HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
8. SMT SHANTHAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY W/O NAGARAJA REDDY AGED ABOUT 62 YEARS, R/A THYAVAKANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562125. 9. 10. 11. 12.
SMT CHANDRAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 57 YEARS, R/A SAMANDUR MADIVALA, KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562106. MRs. PRIYANKA, D/O HANUMANTHA REDDY, AGED ABOUT 29 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. PRADEEP N., S/O NAGARAJU REDDY, AGED ABOUT 27 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. MRS. RANJITHA N., D/O NAGARAJU REDDY, AGED ABOUT 25 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. …RESPONDENTS (BY SRI RUPESH R., ADVOCATE FOR R1 TO R6, R10 TO R12 SRI MOHUMED SADIQ B.A., ADVOCATE FOR R7 TO R9) IN RSA NO.1023/2023:
BETWEEN:
SRI MUNI REDDY, S/O LATE LINGA REDDY @ MUNISWAMY REDDY
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
1. (DIED ON 17-05-2023) SINCE DEAD BY LRs)
SMT. GOWRAMMA, AGED ABOUT 65 YEARS, W/O LATE MUNI REDDY
2. SRI RAMESH REDDY M AGED ABOUT 48 YEARS, S/O LATE MUNI REDDY
3. SRI SURESH REDDY M AGED ABOUT 45 YEARS, S/O LATE MUNI REDDY
4. PURUSHOTHAMA REDDY M AGED ABOUT 42 YEARS, S/O LATE MUNI REDDY APPELLANTS 1 TO 4 ARE R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. …APPELLANTS (BY SRI C SHANKAR REDDY, ADVOCATE) AND:
1. SMT. VINODAMMA @ VINODA C., W/O LATE VENKATESHA REDDY AGED ABOUT 52 YEARS,
2. SMT. LAVNYA V D/O LATE VENKATESHA REDDY AGED ABOUT 32 YEARS,
3. SMT DEEPA V D/O LATE VENKATESHA REDDY AGED ABOUT 30 YEARS,
4. SMT RASHMI D/O LATE VENKATESHA REDDY AGED ABOUT 27 YEARS,
RESPONDENTS 1 TO 4 ARE R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
BENGALURU DISTRICT - 562 107. 5.
SRI M HANUMATHA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 59 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. 6. SRI M. NAGARAJA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 54 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 107. 7. SMT MUNIRATHNAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 67 YEARS, R/A BOORUGUNTE VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 125. 8. SMT SHANTHAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY W/O NAGARAJA REDDY AGED ABOUT 62 YEARS, R/A THYAVAKANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562125. 9. 10. SMT CHANDRAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 57 YEARS, R/A SAMANDUR MADIVALA, KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562106. MRs. PRIYANKA, D/O HANUMANTHA REDDY, AGED ABOUT 29 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. - 6 -
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11. 12. PRADEEP N., S/O NAGARAJU REDDY, AGED ABOUT 27 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. MRS. RANJITHA N., D/O NAGARAJU REDDY, AGED ABOUT 25 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. …RESPONDENTS (BY SRI RUPESH R., ADVOCATE FOR R1 TO R6, R10 TO R12 SRI MOHUMED SADIQ B.A., ADVOCATE FOR R7 TO R9) IN RSA NO.1036/2023: BETWEEN:
1. SRI MUNI REDDY, S/O LATE LINGA REDDY @ MUNISWAMY REDDY (DIED ON 17-05-2023) SINCE DEAD BY LRs)
SMT. GOWRAMMA, AGED ABOUT 67 YEARS, W/O LATE MUNI REDDY AADHAR NO.5617 1752 0032
2. SRI RAMESH REDDY M AGED ABOUT 48 YEARS, S/O LATE MUNI REDDY AADHAR NO.2884 7641 0939
3. SRI SURESH REDDY M AGED ABOUT 45 YEARS, S/O LATE MUNI REDDY
4.
PURUSHOTHAMA REDDY M AGED ABOUT 42 YEARS, S/O LATE MUNI REDDY APPELLANTS 1 TO 4 ARE
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. …APPELLANTS (BY SRI C SHANKAR REDDY, ADVOCATE) AND:
1. SMT. VINODAMMA @ VINODA C., W/O LATE VENKATESHA REDDY AGED ABOUT 52 YEARS,
2. SMT. LAVNYA V D/O LATE VENKATESHA REDDY AGED ABOUT 32 YEARS,
3. SMT DEEPA V D/O LATE VENKATESHA REDDY AGED ABOUT 30 YEARS,
4. SMT RASHMI D/O LATE VENKATESHA REDDY AGED ABOUT 27 YEARS,
RESPONDENTS 1 TO 4 ARE R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. 5. SRI M HANUMATHA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 59 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 107. 6. SRI M. NAGARAJA REDDY S/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 54 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 107. 7. SMT MUNIRATHNAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 67 YEARS,
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R/A BOORUGUNTE VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562 125. 8. SMT SHANTHAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY W/O NAGARAJA REDDY AGED ABOUT 62 YEARS, R/A THYAVAKANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562125. 9. 10. 11. 12. SMT CHANDRAMMA D/O LATE LINGA REDDY @ MUNISWAMY REDDY AGED ABOUT 57 YEARS, R/A SAMANDUR MADIVALA, KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562106. KUM. PRIYANKA, D/O HANUMANTHA REDDY, AGED ABOUT 29 YEARS, R/A BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107.
PRADEEP N., S/O NAGARAJA REDDY, AGED ABOUT 27 YEARS,
KUMARI RANJITHA N., D/O NAGARAJA REDDY, AGED ABOUT 25 YEARS,
RESPONDENTS NO.11 & 12 ARE R/A NO.32, NEAR BASAVESHWAR TEMPLE, FORT ROAD, BALLUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. …RESPONDENTS (BY SRI RUPESH R., ADVOCATE FOR R1 TO R6, R10 TO R12 SRI MOHUMED SADIQ B.A., ADVOCATE FOR R7 TO R9)
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
THIS RSA NO.1041/2023 IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.04.2023 PASSED IN RA NO.5016/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SITTING AT ANEKAL, ALLOWIING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 10.12.2020 PASSED IN O.S. NO.
361/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL.
THIS RSA NO.1023/2023 IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.04.2023 PASSED IN RA NO.5007/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SITTING AT ANEKAL, ALLOWIING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 10.12.2020 PASSED IN O.S. NO.
361/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL.
THIS RSA NO.1036/2023 IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.04.2023 PASSED IN RA NO.5002/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SITTING AT ANEKAL, ALLOWIING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 10.12.2020 PASSED IN O.S. NO.
361/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
ORAL JUDGMENT
Challenging common
judgment and decree dated 06.04.2023 passed by III Additional District and Sessions Judge, Bengaluru Rural District, (Sitting at Anekal), in R.A.no.5002/2021, R.A.no.5007/2021 and R.A.no.5016/2021 and judgment and decree dated 10.12.2020 passed by Principal Senior Civil Judge and J.M.F.C., Bangalore Rural District, Bangalore, in O.S.no.361/2006, these appeals are filed.
2.
Learned counsel for appellants submitted that these three appeals arise out of O.S.no.361/2006 filed for declaration, partition and separate possession and appeals are filed by legal representatives of deceased defendant no.2. It was submitted that during pendency of these appeals parties have entered into settlement. A common compromise petition is filed in RSA.no.1036/2023, terms of which reads as under:
"The appellants 1 to 4 and the respondents 1 to 12 above named submit as follows:
1. One Sri L. Venkatesha Reddy had filed a suit bearing O.S. No.30/2001 on the file of the honourable Civil Judge, Senior Division, Bengaluru Rural District, Bengaluru praying for the relief of partition and separate possession against the defendants therein. The said suit in OS No.30/2001 came to be transferred to the honourable Senior Civil Judge and
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J.M.F.C at Anekal and later was renumbered as OS No.361/2006. Sri L. Venkatesha Reddy has since died and his estate is represented by the respondents 1 to 4 herein. 2. Sri L. Venkatesh Reddy had filed the said suit alleging that he is the son of Sri Linga Reddy @ Muniswamy Reddy. It was further contended that Sri Linga Reddy @ Muniswamy Reddy had 4 sons and 3 daughters who are the plaintiffs and defendants 2 to 7 in the original suit. It was further contended that during the life time of the said Sri Linga Reddy @ Muniswamy Reddy, he and his sons, the defendants 1 to 4 had been living together as members of Hindu Mitakshara Coparcenary joint family governed by Hindu Mitakshara law, owning vast immoveable properties at Ballur, Bhooragunte, Thayavakanahalli village in Attibele Hobli and Sarjapura Hobli in Anekal Taluk and also in Darga Hosur village, Kasaba Hobli, Hosur Taluk in Tamil Nadu. It was contended that the suit schedule properties are the ancestral and joint family properties acquired out of the joint family properties and joint family income and nucleus in the names Sri Linga Reddy @ Muniswamy Reddy and Sri Muni Reddy. It was further contended that two items of the lands were tenanted lands and occupancy rights were granted in the name of the father and they were treated as joint family properties. 3. It was further contended in the plaint that late.
Sri Linga Reddy @ Muniswamy Reddy died on 11.03.1994. All the said sons and daughters were married during the lifetime of their father. The married daughters ie., defendants 5 to 7 are living with their husbands and the other members are living jointly, though for some reason of misunderstanding and bickering among the women-folk, they have been living separately, since some time past, but there was no partition or division of the above said suit schedule properties
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belonging to the joint family at any time during the life time of their father or even after his death. It was further contended that in the plaint even during the life time of their father, Sri Linga Reddy @ Muniswamy Reddy, he was the Karta of the above said Hindu joint family. It is submitted that as his health was not well and deteriorating, the eldest son, Sri Muni Reddy, the 2nd defendant was acting as Manager, even during the life time of their father itself by looking after the vahivat and management of the joint family. It is alleged that after the death of Linga Reddy @ Muniswamy Reddy he continued to be the kartha and manager of the joint family and the Katha, Pahani and other revenue records and entries in respect of the above said lands came to stand in the names of their father. 4. The second defendant had further contended in the written statement that at the time of the death of Sri Linga Reddy @ Muniswamy Reddy, all his children were married and married daughters were living with their respective husbands. It was contended that there is no such joint family as contended by the plaintiff as on the date of filing the suit.
It was contended that the ancestral property of late Sri Linga Reddy was very meager and the income derived from the same was insufficient to maintain the big family of Sri Linga Reddy, as such, the second defendant had to start working in others’ lands and ultimately, he had to leave the village to earn by long physical work and out of the savings he made, he had started small business as vegetable supplier and later, he developed other business activities like Nursery, Mulberry and was able to help his father and brother and sisters and he had spent huge amounts for celebrating the marriages of his sisters in grand style, which his father would not be able to celebrate and he helped his younger brothers to get educated to university and post graduate level and also helped his
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father to acquire other properties and ultimately, the father of the second defendant desired that the second defendant to settle down in his village, accordingly he settled down in the said Ballur village and it was he, out of his self-earned resources, acquired some of the suit schedule properties and the same were not acquired out of the alleged income of funds of the alleged joint family and they are self acquired properties of the second defendant. 5.
5. It was further stated that the said Linga Reddy had no such extra income to invest to acquire new properties or improve the old ancestral properties and it is submitted that the properties which were allotted to his share which even included some of the properties which he had acquired by his own earnings under a release deed executed by him, which came into existence after consultation with other members of the family of late Linga Reddy in which, it was decided that the second defendant, in view of his selfless service rendered to the family, be given the properties included in the said release deed dated 30.03.1990 registered on 01.04.1990, which included the lands which came to Linga Reddy on account of tenancy. After the said release, the second defendant had worked hard and improved the properties which had come to his share using his knowledge of working in Nursery and hard work and he has established considerable reputation and clientele as a Nursery Man in the area, as such the second defendant submits that the remaining members of the Linga Reddy’s family were fully aware of second defendant’s sacrifice and work and the said properties were given to him in the said release by his father and there was no suppression, undue influence or fraud involved in the said release. - 14 -
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6. In fact, the plaintiff had also participated in the
discussion before the said release was registered, however, he was not available to attest the said release deed before its registration and it is submitted that this defendant had even spent huge amounts for celebrating the marriage of the plaintiff and it is submitted that the plaintiff was given properties in Survey no.142, measuring 03 acres 11 guntas, in Survey No.155, measuring 01 acre 30 guntas and it is submitted that there is a R.C.C. roofed construction, grape yard, mulberry, teak trees are in Survey No.142 and there is also a cattle shed and 3 borewells and the plaintiff has been enjoying the same exclusively for the past over 12 years and he had been carrying on milk supplying to societies and he has got a separate card for the same and the said construction, enjoys electricity and he is paying taxes to the same. The recitals of the Will make it clear that the Linga Reddy had right to cancel the Will during his lifetime clearly discloses that, he understood the implications of the Will. In fact, he has clearly mentioned the properties give to this defendant and also the plaintiff who was married by then and there is no reason to disbelieve the Will and release deed. The said Release deed and Will have been acted upon for the past over 12 years and mutation has been effected in accordance to the said release and this defendant is living separately and paying taxes separately and Krishi Pass Book was issued in the names of the defendants. It was further contended that the second defendant had acquired several properties subsequent to the suit out of his self earned source of income and the same are his self acquired properties. 7. The defendants 5 to 7 supported the case of the plaintiffs and they have sought for granting of their separate shares in the suit properties. - 15 -
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8. The defendants 3 and 4 have contended that a Will is executed and registered in their favour and the said properties covered under the Will are not liable to be partitioned and they have further contended that in the remaining properties they are entitled for a share. 9. The trial court was pleased to dismiss the suit after a full-fledged trial.
As against the dismissal of the suit, the plaintiffs/respondents 1 to 4 herein had filed RA no.5007/2021 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal. A separate appeal in RA no.5016/2021 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal came to be filed by the defendant no.4/respondent no.6 herein. Yet another appeal in RA no.5002/2021 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal came to be filed by defendants 5 to 7. All the above 3 appeals have since been allowed and consequently the suit came to be decreed. 10. The father of the appellants was arrayed as 2nd defendant in the suit. He died on 17.05.2023 subsequent to the judgment passed by the lower appellate court. Hence, his legal representatives being aggrieved by the Judgment and Decree of the first appellate court made in RA No.5002/2021 have filed RSA no.1036/2023, being aggrieved by the Judgement and Decree of the first appellate court in RA No.5007/2021 they have filed RSA No.1023/2023 and being aggrieved by the Judgement and Decree of the first appellate court in RA No.5016/2021 they have filed RSA No.1041/2023 on the file of this honourable court. - 16 -
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11. The parties admit that the said 3 Regular Second Appeals arise out of 3 different Regular Appeals but relate to the Judgment and decree rendered in the original suit. The parties are common in all the 3 Regular Appeals and Regular Second Appeals. In view of the same filing a compromise petition in one of the Appeals would suffice.
In view of the same compromise petition is filed in the present RSA and the other 2 RSA’s which arise out of common judgement and decrees of the courts below may be disposed of in terms of the compromise petition filed in this appeal. 12. During the pendency of the above appeal relatives, elders in the family and well wishers have convened a joint meeting and attempts were made on various occasions to work out a settlement. After such several attempts all the parties agreed for a settlement which is in the interest of all the parties to the appeal. The learned Advocates who appear for the parties in the proceedings before the trial court, lower appellate court and this honourable court have also joined in the settlement talks and have agreed that the settlement is free, fair and is necessary to put a quietus to the long drawn litigation spanning over 24 years from now. The settlement is in the interest of all the parties. 13. All the parties were informed well in advance to co- operate in the survey work that was carried out in the process of the settlement talks and when the demarcation of shares was made, all the parties have unequivocally and unanimously agreed that the sketches drawn by the technically skilled surveyors clearly indicate the properties which have been allotted to each of the parties. The parties have agreed that the said survey sketches have been attested by each of the parties to the compromise petition admitting the contents thereof and each of the parties vouch for the
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same. The said survey sketches are agreed to be treated as part of this compromise petition and have been attested by all the parties admitting the correctness of the same. 14. The appellants and the respondents submit that during the life time of Sri.
Linga Reddy, he has executed a Release deed dated 30.03.1990, registered on 01.04.1990 allotting share of his elder son namely Sri. Muni Reddy. The respondent no.5 to 7 and 9 have attested the said Release Deed consenting the terms of said document. Similarly said Sri. Linga Reddy also executed a Will dated 26.04.1990, registered on 02.051.990, bequeathing/ allotting properties in favour of his sons namely Sri. Hanumantha Reddy and Sri. Nagaraja Reddy, the respondent no.5 and 6 herein. By virtue of said registered Release deed and Will the allottees/legatees acted upon and were/are in separate peaceful possession and enjoyment of the properties which were allotted to their respective shares. 15. As stated in this petition, during the life time of Sri. Munishami Reddy @ Sri. Linga Reddy, he settled the family properties by virtue of Release deed, will and oral settlement, in view of the same some of the parties have opted to take lesser share compared to the others out of the suit schedule properties and the same is in view of their own volition, voluntary act and free will and they are satisfied with the extent of properties that have been allotted to each of them and they have been made known that the terms of the compromise petition would not be varied or challenged under any circumstances. The parties have genuinely agreed and admitted that they would not raise any objections for not dividing the properties equally amongst all the family members. - 18 -
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16. In order to identify each of the parties to the compromise petition apart from being identified by their respective counsels, they have also placed on record self attested copies of the Adhaar cards, voter’s identity cards etc., and all the said documents are agreed to be treated as part of this compromise petition. All the said documents have been duly self attested by the concerned parties. 17.
Each of the parties are entitled to get the revenue records changed to their respective names in terms of the compromise petition before the jurisdictional revenue authority and each of the other sharers undertake to co- operate in getting the names of each of the parties entered in the revenue records to the extent of their allotment. If any such non cooperation is exhibited by any of the parties, then the affected party/parties would be entitled to get their names recorded in the revenue records by relying on the recitals of this compromise petition. 18. It is submitted that common ancestor of the parties herein namely Sri. Munishami Reddy @ Sri. Linga Reddy @ Sri. Lingappa son Lingaiah of Balluru village purchased the property bearing Sy.No.140/1 measuring 0-10 Guntas out of total extent, situated at Balluru village, under the Sale Deed dated 16.11.1958, bearing Document No.2458/1958-59, registered in the office of Sub-Registrar, Anekal, on the basis of said Sale Deed the revenue authorities effected Khatha in favour of Sri. Munishami Reddy @ Linga Reddy vide M.R No.8/1958-59 and his name was incorporated in the RTC. During the life time of Sri. Munishami Reddy @ Linga Reddy, he was in possession and enjoyment of the same. Subsequently under the Release deed dated 01.04.1990, bearing Document No.1/1990-91, registered in the office of Sub-Registrar, Anekal he allotted said property in favour of
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his son namely Sri. Muni Reddy, the husband of appellant No.1 and father of other Appellants herein. On the basis of said Release Deed the revenue authorities effected mutation in favour of said Sri. Muni Reddy and his name was incorporated in the RTC of Sy.No.140/1 of Balluru village to the extent of said 0-10 guntas as per M.R No.2/1990-91 and he was in possession of the same.
After his demise his legal heirs i.e the appellants herein succeed to the same and are in possession and enjoyment of the said property. It is pertinent to state here that due to mistake the revenue authorities not continued the name of said Sri. Muni Reddy in the RTC of Sy.No.140/1 to the extent 0-10 guntas. As per the terms of this compromise petition said property is allotted to the share of Chandramma, the “ F ” Schedule holder, (the respondent no.9) herein as such she is entitle to transfer Khatha of said 0-10 guntas in her favour. 19. It is submitted that common ancestor of the parties herein namely Sri. Munishami Reddy @ Sri. Linga Reddy @ Sri. Lingappa son Sri. Lingaiah of Balluru village purchased the property bearing old Sy.No.190 Block No.1, New Sy.No.235 measuring 2 Acres of Balluru village under the Sale Deed dated 15.03.1934, registered on 17.04.1934, bearing Document No.938, registered in the office of Sub- Registrar, Anekal. During his life time he was in possession and he settled the said property in favour of his daughters namely (i) Smt. Munirathnamma, the respondent No.7 to the extent of 0-19 Guntas, (ii) Smt. Shanthamma, the respondent No.8 herein to the extent of 0-30½ Guntas and (iii) Smt. Chandramma, the respondent No.9 herein to the extent of 0- 30½ Guntas. It is further submitted that on the basis of said oral settlement the respondent no.7 to 9 have not approached the revenue authorities and transferred revenue records in their favour, as such the revenue entries in Column
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No.12 (2) of the RTC are still in the name of above said Sri. Munishami Reddy @ Sri. Linga Reddy @ Sri. Lingappa, and in column No.9 the name of Sri. Chinnappa son of Lingappa is wrongly reflecting to the entire extent including the property of respondent no.7 to 9.
In fact as per the registered deeds and previous revenue records said Sri. Chinnappa son of Sri. Muni Reddy is entitled only to the extent of 1 acre 37 guntas and said Sri. Munishami Reddy @ Sri. Linga Reddy @ Lingappa is entitled to the extent of 2 acres. Due to un- noticed mistake, to the entire extent of 3.37 guntas of cultivable land the name Sri. Chinappa son of Sri. Lingappa is reflecting in the column No 9 of the RTC, instead of “Chinappa 1 Acre 37 guntas” and “Linga Reddy 2 Acres” In this background said Chinappa son of Sri. Muni Reddy was entitled only to the extent of 1 Acre 37 Guntas of cultivable land and after his demise his heirs also entitled to the said extent only and the respondents no.7 to 9 are entitled to afore mentioned extents (totally 2 Acres) and they hereby undertakes to transfer revenue records in their favour to the extent of their respective share/s allotted as per the above said settlement and also as per the terms of this compromise petition. 20. It is submitted that Sri. Muni Reddy son of Sri. Munishami Reddy @ Linga Reddy, the husband of appellant No.1 and father of other appellants acquired Sy.No.243 measuring 0-20 Guntas of Balluru village by virtue of the
Judgment dated 13.07.1987 and Decree passed by the Hon'ble J.M.F.C Court at Anekal in O.S No.91/1987. On the basis of said Judgment and Decree the revenue authorities effected Mutation in favour of said Sri. Muni Reddy and his name was incorporated in the RTC of Sy.No.243 of Balluru village to the extent of said 0-20 Guntas as per M.R No.13/1988-89 and he was in possession of the same. After his demise his legal heirs i.e the appellants herein succeed to
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the same and are in possession and enjoyment of the said property. It is pertinent to state here that due to mistake the revenue authorities not continued the name of said Sri. Muni Reddy in the RTC of Sy.No.243 to the extent 0-20 guntas, as such said Sri. Muni Reddy during his life time preferred appeal before the Assistant Commissioner under R.A (A) No.314/2020, the same is pending for consideration. As per the terms of this compromise petition said property is allotted to the share of Appellants herein, as such they are entitled to transfer Khatha of said 0-20 guntas in their favour. 21. Each of the parties have agreed to execute any further documents either registered or unregistered in favour of the other parties without demanding any further claims/consideration in this behalf which are required under law for better and complete enjoyment of the properties allotted to each of the parties. Each of the parties are aware of the shares allotted to each of the parties and which have been properly identified by relevant survey sketches. 22. The parties to the compromise petition are aware that apart from the properties which are made subject matter of the suit, there are other properties which are standing in the individual names and the said properties are agreed to be treated as their self acquired properties and none of the parties are entitled to stake any claim in this behalf in future for all times to come which would indicate that the properties which are not made subject matter of the suit are not family properties.
The reason as to the other properties not being made subject matter of the above suit is only because that the other properties do not pertain to the family and they are the self acquired properties which absolutely belong to each of the parties or their family members in whose name the registered, unregistered and revenue records stand. - 22 -
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23. It is further admitted by the parties that if, any properties exclusively, individually and independently acquired by any party to this compromise petition or by their respective ancestor and treated them as their self acquired or independent properties, such properties belongs to them exclusively, and no other party shall claim any form of right, title, interest and possession over the such independent and exclusive properties. 24. All the parties to the compromise petition have been put in physical and exclusive possession of the properties which have been allotted to their respective shares today ie., on the date of execution and acceptance of the compromise petition. The said properties shall continue to remain in possession of the properties which have been allotted to their respective shares and are at liberty to enjoy the properties in the manner of their liking. 25. It is submitted that as per settlement, common passage / common road has been formed on the southern side of Sy.No.155 of Balluru Village, out of the portion allotted to the respondent no.1 to 4 herein, which starts from the south-eastern side of Sy.No.155 and passes through southern side of the same survey number towards western side, which measures east to west 83.80 meters and north to south 03 meters width and reach the property allotted to Sri. Nagaraja Reddy in Sy.No.155, as shown in the rough survey Sketch and herewith produced as Annexure-A. The property allotted to Sri. Nagaraja Reddy, the respondent No.6 herein in Sy.No.155 measuring 0-10 Guntas is as shown in the rough survey Sketch and herewith produced as Annexure-B.
26. The said common passages can be utilized by the respondent no.1 to 4 and respondent no.6 herein and their respective successors/assignees and the same is not the
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public Road.
It is submitted that as per settlement, common passage / common road has been formed on the northern side of Sy.Nos.150/2 out of the portion allotted to the respondent no.6 herein, which starts from the existing village public road passes in the midst of Sy.No.150/2 and the same passes through northern side of the same survey number towards western side, which measures east to west 114.3 feet and north to south 10 feet width and reach the property allotted to the Legal heirs of Appellant herein in Sy.No.151/2, the said passage continues on the Northern side of Sy.Nos.151/2 out of the portion allotted to the legal heirs of Appellant herein, which starts from the passage formed in Sy.No.150/2 and passes through northern side of the Sy.No.151/2 towards western side, which measures east to west 76.1 feet and north to south 10 feet width to reach Sy.No.155. Said passage identified in Sy.Nos.150/2 and 151/2 is as shown in the rough survey Sketch and herewith produced as Annexure-C. The said common passages can be utilized by the Legal heirs of Appellants, respondent no.1 to 4 and respondent no.6 herein and their respective successors/assignees and the same is not the public Road. 27. It is submitted that as per settlement, common passage / common road has been formed on the south- eastern corner of Sy.No.175/2A of Balluru Village, out of the portion allotted to Sri. Hanumantha Reddy, the respondent No.5 herein, which starts from the public road situated on the southern side of Sy.No.175/2A, which measures east to west 20 feet width and reach the property bearing Sy.No.176 of Balluru village allotted to Sri.
Nagaraja Reddy, the respondent no.6, as shown in the rough survey Sketch and herewith produced as Annexure-D. The said common passages can be utilized by the respondent no.5 and 6 herein and their
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respective successors/assignees and the same is not the public Road. 28. It is submitted that in the property bearing Sy.No.150/2, measuring to the extent of 0-03 Guntas (i.e., south east corner) out of total extent 2 Acres 30 Guntas of Balluru Village, there are tombs of ancestors of appellants and respondents, constructed and maintained by the sons of Late. Sri. Linga Reddy. The appellants being the legal heirs of deceased Sri. Muni Reddy, the respondent no.1 to 4 being the legal heirs of Late. Sri. Venkatesha Reddy, Sri. Hanumantha Reddy and Sri. Nagaraja Reddy, the respondent no.5 and 6 herein and their respective successors can commonly utilise the said property as graveyard, the respondent no.6 herein has no objection for the same. The said 0-03 Guntas of land reserved for graveyard is shown in the rough survey Sketch and herewith produced as Annexure-E.
29. It is submitted that as per settlement, common passage / common road has been formed on the eastern side of Sy.No.235 of Balluru Village, out of the portion allotted to Smt. Chandramma, the respondent No.9 herein, which starts from the North-eastern corner of Sy.No.235 and passes towards southern side of the same survey number allotted to Smt. Shanthamma, the respondent No.8 herein, which measures east to west 12 feet width and reach the property allotted to Smt. Munirathanamma, the respondent No.7 herein in the same property i.e., Sy.No.235, as shown in the rough survey Sketch and herewith produced as Annexure-F. The said common passages can be utilized by the respondent no.7, 8 and 9 and their respective successors/assignees and the same is not the public Road.
The property allotted to Smt. Munirathnamma, the respondent no.7 herein in Sy.No.235 measuring 0-19 Guntas is as shown in the rough survey
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Sketch and herewith produced as Annexure-G. The property allotted to Smt. Shanthamma, the respondent No.8 herein in Sy.No.235 measuring 0-30½ Guntas is as shown in the rough survey Sketch and herewith produced as Annexure-H. The property allotted to Smt. Chandramma, the respondent No.9 herein in Sy.No.235 measuring 0-30½ Guntas is as shown in the rough survey Sketch and herewith produced as Annexure-J.
30. The appellants and the respondents hereby admit that Sri. Muni Reddy, the husband of appellant No.1 and father of other appellants acquired property bearing Sy.No.190/1 measuring 1 Acre 20 guntas situated at Balluru village under the registered Sale Deed dated 11.06.2003, bearing Document No.ANKL-1-2501/2003-04, registered in the office of Sub-Registrar, Anekal. During his life time he was in possession and subsequently he alienated said property under the Sale Deed dated 03.09.2005, bearing Document No.ANK- 1-07997/2005-06, registered in the office of Sub-Registrar, Anekal, in favour of Sri. Vapula Sudarshan Reddy. As there were some mistakes with regard to survey number and boundaries crept in the said Sale deed and subsequently the said mistakes were rectified by way of Rectification Deed dated 18.11.2006, bearing Document No.ANK-1-01514/2008- 09, registered in the office of Sub-Registrar, Anekal. As such, said property is not available to include in this compromise petition. 31. The appellants and the respondents hereby admit that Sri. Muni Reddy, the husband of appellant No.1 and father of other appellants acquired property bearing Sy.No.190/11 measuring 1 acre 10 guntas situated at Balluru village under the registered Sale Deed dated 03.09.2005, bearing Document No.ANK-1-21218/2006-07, registered in the office
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of Sub-Registrar, Anekal, on the basis of said Sale Deed his name was mutated in the revenue records as per M.R No.63/2008-09, during his life time he was in possession and enjoyment of the said property, after his demise his legal heirs i.e., the appellants exclusively succeeded to his estate including the said property and they are in peaceful possession and enjoyment of the same. Except the appellants other parties have no claim over the said property.
32. Each of the parties are entitled to get the final decree drawn by this honourable court in pursuance to the above compromise petition, engrossed on requisite stamp paper and are at liberty to get the same registered before the jurisdictional registering authority at their own costs. Each of the other parties shall extend necessary co-operation in this behalf. 33. Each of the parties bind themselves and they would undertake before this honourable court that they would not cause any acts of interferences, obstructions, attempts of dispossession and not to create any cause of demolition of any structures that may be standing in any of the subject properties and would peacefully enjoy the respective parties. 34. Each of the parties are entitled to either retain or dispose of the properties which have been allotted to the respective shares of each of the parties. However, the intending vendor/sharer shall offer to sell the properties to the adjacent property holder if he happens to be allotted a portion of property in the same survey number or if it is a adjacent property by quoting the market value and on such offer being made in writing and effectively communicated, the intending purchaser does not choose to either accept or deny the offer within a period of 30 days, then in such an event the
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family member/vendor is at liberty to dispose of the same in favour of third parties. 35. The parties to the compromise admit, agree and accept any of the registered transactions that have taken place either during the lifetime of late Sri. Linga Reddy or subsequent to his demise. However, if any of such registered documents pertain to the properties that have been allotted to each of the parties, then in such event, it will not bind them only to the extent that would affect the rights of such parties/sharers. 36. The above compromise petition shall not only bind the parties to the compromise petition but also to their successors in interest, legal representatives, authorised persons and any one claiming under the parties to the compromise petition. 37.
Each of the parties do assure the other parties that the properties which have been allotted to the shares of any of the parties are available in the family and are not encumbered and the properties are free of all litigations and are capable of being enjoyed peacefully. 38. The parties to the compromise petition further agree that each of the parties shall bear the costs of the proceedings throughout in view of the amicable settlement arrived at between the parties. 39. The parties to the compromise petition are made aware of the contents of the compromise petition in the language known to them and they have consciously agreed to the terms of the compromise petition, that the same is free and fair and it is in the best interest of all the family members
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and that they would not question or challenge the same in future under any circumstances. SCHEDULE ‘A’ PROPERTIES (Gowramma and Sons)
[Description of the properties which are allotted to the share of appellants herein [L.R’s of Defendant no.2 in the original suit]
1. ITEM No.1: All that piece and parcel of the property bearing Sy.No.118/289, measuring to an extent of 3 acres 08 guntas, situated at Balluru village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.124, Property of Prakasha Reddy, West by : Sy.No.118, Property of Gopala Reddy, North by : Sy.No.118, Property of Ananda Reddy, South by : Road. 2.
ITEM No.2: All that piece and parcel of the property bearing Sy.No.118/290, measuring to an extent of 3 acres 11 guntas, situated at Balluru village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.118/290, Property of Manjunatha Reddy, West by : Sy.No.118, Property of Sudheendra & Devaraju, North by : Sy.No.118, Property of Narayana Reddy & Brothers, South by : Sy.No.124, property of Munireddy’s family. 3. ITEM No.3: All that piece and parcel of the property bearing Sy.No.124, measuring to an extent of 0-09 guntas, situated at Balluru village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.124, Property of Manjunatha Reddy, West by : Sy.No.118, Property of Sudheendra,
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North by : SY. No.118/290, Property of Munireddy’s family, South by : Sy.No.124, property of Munireddy’s family. 4. ITEM No.4: All that piece and parcel of the property bearing Sy.No.124, measuring to an extent of 0-15 guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.124, property of Munireddy’s family. West by : Sy.No.118, Property of Sudheendra, North by : Sy.No.124, Property of Munireddy’s family, South by : Sy.No.124, property of Prakash Reddy. 5. ITEM No.5: All that piece and parcel of the property bearing Sy.No.124, measuring to an extent of 2 acres, situated at Balluru Village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.124, property of Prakash Reddy, West by : Sy.No.124, property of Prakash Reddy. North by : Sy.No.124, Property of Muni Reddy’s family, South by : Road. 6.
ITEM No.6: All that piece and parcel of the property bearing Sy.No.140/3, measuring to an extent of 0-22 Guntas of cultivable land and 02 Guntas of kharab land, situated at Balluru Village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Property of Muni Reddy, West by : Property of Rama Reddy’s sons, North by : Property of Beerappa and others, South by : Property of Munirathnamma. 7. ITEM No.7: All that piece and parcel of the property bearing Sy.No.148, measuring to an extent of 0-15 guntas,
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situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Akkalareddy’s family, West by : Tank, North by : Sy.No.148, remaining Property, South by : Tank. 8. ITEM No.8: All that piece and parcel of the property bearing Sy.No.151/2, measuring to an extent of 0-26 guntas including 01 gunta kharab land, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.150/2, family’s graveyard, West by : Sy.No.156/1, property of Munireddy’s family, North by : Sy.No.150/2, Property of Nagaraja Reddy, South by : Kaluve. 9. ITEM No.9: All that piece and parcel of the property bearing Sy.No.156/1, measuring to an extent of 0-11 guntas including 01 gunta kharab land, situated at Balluru village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.151/2, Property of Muni Reddy’s family, West by : Property of Puttappa, North by : Sy.No.155, Property of Venkatesh Reddy’s family, South by : Property of Bidda Reddys’ family. 10.
ITEM No.10: All that piece and parcel of the property bearing Sy.No.185/1, measuring to an extent of 3 Acres 03 Guntas, situated at Balluru Village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.185/3, Property of Billapurada Papi Reddy, West by : Sy.No.184 & 244, Property of Deve Gowda,
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North by : Sy.No.243, Property of Muni Reddy’s family, South by : Sy.No.186/2 & 186/3, Property of Muni Reddy’s family. 11. ITEM No.11: All that piece and parcel of the property bearing Sy.No.186/2, measuring to an extent of 1 Acre 35 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.186/3, Property of Muni Reddy’s family, West by : S. No.186/1, Property of Ganeshan, North by : Sy.No.185/1, Property of Muni Reddy’s family, South by : Road. 12. ITEM No.12: All that piece and parcel of the property bearing Sy.No.186/3, measuring to an extent of 0-30½ guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.186/3, Property of Nanjunda Reddy, West by : Sy.No.186/2, Property of Muni Reddy’s family, North by : Sy.No.185/1, Property of Muni Reddy’s family, South by : Sy.No.186/3, Property of Muni Reddy’s family. 13. ITEM No.13: All that piece and parcel of the property bearing Sy.No.186/3, measuring to an extent of 0-03 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.186/3, Property of Nanjunda Reddy, West by : Sy.No.186/2, Property of Muni Reddy’s family, North by : Sy.No.186/3, Property of Muni Reddy’s family. South by : Road. 14.
ITEM No.14: All that piece and parcel of the property bearing Sy.No.190/P11, measuring to an extent of 1 acre 10
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guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.190/P52, Property of Muni Reddy’s family, West by : Attibele to Mathikere Road, North by : Sy.No.190/P11, Property of Parvathamma, South by : N.R.I City Layout. 15. ITEM No.15: All that piece and parcel of the property bearing Sy.No.190/P52, measuring to an extent of 1 Acre 20 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Akkila Reddy’s family, West by : Sy.No.190/P11, Property of Muni Reddy’s family, North by : Property of Akkila Reddy’s family, South by : N.R.I City Layout. 16. ITEM No.16: All that piece and parcel of the property bearing Sy.No.243, measuring to an extent of 0-20 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Attibele to Mathikere Road, West by : Sy.No.244, Property of Deve Gowda, North by : Sy.No.243, remaining property belongs to J.K. Sharma, South by : Sy.No.185/1, Property of Muni Reddy’s family. 17. ITEM No.17: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.32, measuring East to West 38 feet and North to South 21 feet totally admeasuring 756 Square feet situated at Balluru village, Balluru Panchayath limits, Attibele Hobli, Anekal Taluk and bounded on:
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East by : Panchayath Road, West by : Property No.59/59, property of Muni Reddy’s family, North by : property of 19 and 24, property of Nagaraja Reddy, South by : property No.16, property of Venkatesh Reddy’s family. 18.
18. ITEM No.18: All that piece and parcel of the Gramathana Khaneshumari Property bearing Old Serial/Assessment No.33/2, New Assessment/ New property No.59/59, measuring East to West 21½ feet and North to South 58 feet totally admeasuring 1247 Square feet situated at Balluru village, Balluru Panchayath limits, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property No.32, Property Muni Reddy’s family, West by : Property of Muniyappa’s family, North by : property of Nagaraja Reddy, South by : Sy.No.141. 19. ITEM No.19: All that piece and parcel of the property bearing Sy.No.14/3, measuring to an extent of 0-18 Guntas including 01 gunta karab land, situated at Buragunte village, Sarjapura Hobali, Anekal Taluk and bounded on:
East by : Property of Ramu and then Road, West by : Property of Chandrappa, North by : Property of Ramu, South by : Property of Ramu. 20. ITEM No.20: All that piece and parcel of the Gramathana Khaneshumari Property bearing Property No.9, measuring East to West 54 feet and North to South 78 feet totally admeasuring 4212 Square feet situated at Buragunte Village, Sarjapura Hobali, Anekal Taluk and bounded on:
East by : Sy.No.1/6 and Sy.No.1/8,
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West by : Property of Dhobhi Venkataramanappa’s family, North by : Sy.No.1/5 and Sy.No.1/4, South by : Kaneshumari property. 21. ITEM No.21: All that piece and parcel of the property bearing Sy.No.16, measuring to an extent of 1 acre 10 guntas, situated at S. Medahalli village, Sarjapura Hobli, Anekal Taluk and bounded on:
East by : Sy.No.202, Property of Mohan, West by : Attibele to Sarjapura main Road, North by : Sy.No.16, remaining portion, South by : Sy.No.15/1, Property of Shanthamma. 22. ITEM No.22: All that piece and parcel of the Site bearing No.B33, totally admeasuring 213.37 Square Meters, situated at SIPCOT Housing colony, Dharga, Hosur, Tamilu Nadu and the same is bounded on:
East by : Vacant land and Tank, West by : Site No.B32, property of Anthony Rajan, North by : Site No.C48 and A28, South by : Road. SCHEDULE 'B' PROPERTIES (Munirathnamma) (Description of the properties allotted to the share of Respondent no.7 in this RSA / Defendant no.5 in the original suit). 1.
ITEM No.1: All that piece and parcel of the property bearing Old Sy.No.190, New Sy.No.235 measuring to an extent of 0-19 guntas out of Linga Reddy’s 2 Acres, situated at Balluru village, Attibele Hobali, Anekal Taluk and bounded on:
East by : Sy.No.234, West by : N.R.I. City Layout and Road,
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North by : Sy.No.235, remaining portion belongs to Shanthamma &
Road,
South by : Sy.No.235, remaining portion belongs to Papi
Reddy’s family. 2. ITEM No.2: All that piece and parcel of the property bearing Sy.No.1/5, measuring to an extent of 0-19½ guntas, situated at Buragunte village, Sarjapura Hobli, Anekal Taluk and bounded on:
East by : Attibele- Sarjapura main Road, West by : Sy.No.1, North by : Property of Venkataswamy Reddy, South by : Sy.No.1/6 belongs to Munirathnamma and Kaneshumari
No.9 allotted to L.Rs of Appellant. SCHEDULE 'C' PROPERTIES (Vinoda and Daughters)
[Description of the properties which are allotted to the share of Respondents 1 to 4 herein / L.R’s of the original plaintiff in the suit]
1. ITEM No.1: All that piece and parcel of the property bearing Sy.No.142, measuring to an extent of 3 acres 31 guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Road, West by : Sy.No.141, North by : House property No.97, property of Hanumantha Reddy, South by : Tank. 2. ITEM No.2: All that piece and parcel of the property bearing Sy.No.155, measuring to an extent of 1 acre 20 guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Ananda Reddy’s family, West by : Sy.No.155, property of Nagaraja Reddy,
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North by : Property of Ashoka Reddy and Renukamma, South by : Road formed in Sy.No.155. 3.
3. ITEM No.3: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.16, (acquired under Sale Deed Dated:14-03-1941, bearing document No.1139/1940-41, registered in the office of Sub- Registrar, Anekal) measuring 2 and half Ankanas situated at Balluru Village, Balluru Panchayath limits, Attibele Hobli, Anekal Taluk and bounded on:
East by : Road, West by : Property No.59/59 belongs to Muni Reddy’s family, North by : Property No.32 belongs to Muni Reddy’s family, South by : Property No.16 belongs to Venkatesh Reddy’s family. 4. ITEM No.4: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.16, (acquired under Sale Deed Dated:04-11-1942, bearing document No.643/1942-43, registered in the office of Sub- Registrar, Anekal) measuring 4 and half Ankanas situated at Balluru Village, Balluru Panchayath limits, Attibele Hobli, Anekal Taluk and bounded on:
East by : Road, West by : Property No.59/59 belongs to Muni Reddy’s family, North by : Property No.16 belongs to Venkatesh Reddy’s family, South by : Property belongs to Papi Reddy’s family. SCHEDULE ' D’ PROPERTIES (Shanthamma)
(Description of the properties allotted to the share of Respondent no.8 herein / Defendant no.6 in the original suit)
1. ITEM No.1: All that piece and parcel of the property bearing Old Sy.No.190, New Sy.No.235 measuring to an
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
extent of 0-30½ guntas out of Linga Reddy’s 2 Acres, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on: East by : 12 feet private Road, West by : N.R.I. City Layout and Road, North by : Sy.No.235, remaining portion belongs to Chandramma, South by : Sy.No.235, remaining portion belongs to Munirathnamma. SCHEDULE ' E' PROPERTIES (Hanumantha Reddy)
(Description of the properties allotted to the share of Respondent no.5 herein / Defendant no.3 in the original suit)
1. ITEM No.1: All that piece and parcel of the property bearing Sy.No.61, measuring to an extent of 1 Acres 09 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Nagaraja Reddy, West by : Rajakaluve, North by : Property of Krishna Reddy, South by : Layout. 2.
ITEM No.2: All that piece and parcel of the property bearing Sy.No.175/2A, measuring to an extent of 3 Acres 27 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.176 and Layout, West by : Layout formed in Sy.No.175, North by : Property of Anjinappa and brothers, South by : Road and Sy.No.176. 3. ITEM No.3: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.97, (acquired under Sale Deed dated 06.12.1967, bearing
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Document No.3181/1967-68, registered in the office of Sub- Registrar, Anekal) measuring east to west 20 yards and north to south 4½ Yards situated at Balluru village, Balluru Panchayath Limits, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Muniyappa, West by : Sy.No.141, North by : Property of Papa Reddy’s family, South by : Sy.No.142. SCHEDULE ' F' PROPERTIES (Chandramma)
(Description of the properties allotted to the share of Respondent no.9 herein / Defendant no.7 in the original suit)
1. ITEM No.1: All that piece and parcel of the property bearing Sy.No.140/1, measuring to an extent of 0-10 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Road, West by : Sy.No.140/1, North by : Sy.No.140/1, South by : Sy.No.140/1. 2. ITEM No.2: All that piece and parcel of the property bearing Old Sy.No.190, New Sy.No.235 measuring to an extent of 0-30½ guntas out of Linga Reddy’s 2 acres, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : 12 feet private Road, West by : N.R.I. City Layout and Road, North by : Road, and Sy.No.225 & 229, South by : Sy.No.235, remaining portion belongs to Shanthamma.
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SCHEDULE ' G' PROPERTIES ( Nagaraja Reddy.M )
(Description of the properties allotted to the share of Respondent no.6 herein / Defendant no.4 in the original suit)
1. ITEM No.1: All that piece and parcel of the property bearing Sy.No.75/1, measuring to an extent of 0-15½ Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Nanjappa’s family, West by : Property of Yalla Reddy, North by : Property of Nanjappa’s family, South by : Property of Narayana Reddy. 2. ITEM No.2: All that piece and parcel of the property bearing Sy.No.84/2, measuring to an extent of 0-11 Guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Rajakaluve, West by : Property of Chowdamma & Ramachandra Reddy, North by : Property of Rathanamma, South by : Property of Rathanamma. 3. ITEM No.3: All that piece and parcel of the property bearing Sy.No.150/2, measuring to an extent of 2 acres 27 guntas out of 2 acres 30 guntas situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.149, West by : Road, North by : Property of Pilla Reddy’s family,
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South by : Sy.No.151/2, Property of Muni Reddy’s family. 4. ITEM No.4: All that piece and parcel of the property bearing Sy.No.155, measuring to an extent of 0-10 guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.155, Property of Venkatesh Reddy’s family and Road, West by : Sy.No.154, property of Manku Chaitnya, North by : Sy.No.153, South by : Property of Puttappa. 5.
ITEM No.5: All that piece and parcel of the property bearing Sy.No.176, measuring to an extent of 1 acre, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Sy.No.176, property of Akkila Reddy’s family, West by : Sy.No.175/2A and Road, North by : Property of Anjinappa & Layout, South by : Sy.No.176, remaining portion belongs to Ganeshappa. 6. ITEM No.6: All that piece and parcel of the property bearing Sy.No.176, measuring to an extent of 1 acre 20 guntas, situated at Balluru village, Attibele Hobli, Anekal Taluk and bounded on:
East by : Property of Anjinappa and Layout, West by : Sy.No.176, property of Nagaraja Reddy, North by : Sy.No.175/2A, Property of Hanumantha Reddy, South by : Sy.No.176, remaining portion belongs to Ganeshappa. 7. ITEM No.7: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.19, (acquired under Sale Deed dated 09.09.1956, bearing
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Document No.1586/1956-57, registered in the office of Sub- Registrar, Anekal) measuring East to West 09 yards and North to South 08 yards situated at Balluru village, Balluru Panchayath limits, Attibele Hobali, Anekal Taluk and bounded on:
East by : Road & Property of Muninanjappa, West by : Property of Nagaraja Reddy, North by : Property of Yallappa’s family, South by : Property of Nagaraja Reddy. 8. ITEM No.8: All that piece and parcel of the Gramathana Khaneshumari Property bearing Serial/Assessment No.24, (acquired under Sale Deed dated 15.07.1963, bearing document No.1080/1963-64, registered in the office of Sub- Registrar, Anekal) measuring east to west 09 yards and north to south 08 Yards situated at Balluru village, Balluru Panchayath limits, Attibele Hobali, Anekal Taluk and bounded on:
East by : Road, West by : Property of Muni Reddy’s family, North by : Property of Yallappa’s family, South by : Property of Muni Reddy’s family.
SCHEDULE ' H' PROPERTIES
(Description of the property jointly allotted to the legal heirs of deceased Muni Reddy, i.e Gowramma, Ramesh Reddy M, Suresh Reddy M, Purushothama Reddy M and deceased heirs of Venkatesha Reddy i.e., Vinodamma, Lavanya V, Deepa, V .Rashmi and Hanumantha Reddy and Nagaraja Reddy)
All that piece and parcel of the property bearing Sy.No.150/2, measuring to an extent of 0-03 Guntas (i.e., south east corner) out of total extent 2 acres 30 guntas,
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HC-KAR NC: 2026:KHC:3955 RSA No. 1041 of 2023 C/W RSA No. 1023 of 2023 RSA No. 1036 of 2023
situated at Balluru village, Attibele Hobli, Anekal Taluk (said 0-03 guntas of land reserved for graveyard) and bounded on: East by : Sy.No.149/2 and Tank Bund, West by : Sy.No.151/2, North by : Sy.No.150/2, remaining property, South by : Tank Bund,
WHEREFORE, the parties to the above compromise petition herein pray that this honourable court be pleased to allow the above appeal in terms of the compromise petition and direct the office to draw final decree and pass such other necessary orders in the interest of justice and equity."
3. Parties are present and identified by their respective counsel. 4. On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding same, they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. 5. Compromise petition is duly signed by both parties, whose signatures are identified by their respective counsel and settlement is reported by them. 6. Perused compromise petition and same is taken on record. - 43 -
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7. Appeals are allowed to extent and in terms of compromise petition. Common judgment and decree dated 06.04.2023 passed by III Additional District and Sessions Judge, Bengaluru Rural District, (Sitting at Anekal), in R.A.no.5002/2021, R.A.no.5007/2021 and R.A.no.5016/2021 and judgment and decree dated 10.12.2020 passed by Principal Senior Civil Judge and J.M.F.C., Bangalore Rural District, Bangalore, in O.S.no.361/2006, are set-aside. Registry is directed to draw final decree showing shares allotted to each of parties separately on furnishing of requisite stamp duty. Sd/- (RAVI V HOSMANI) JUDGE
GRD List No.: 1 Sl No.: 40