Karnataka High Court
Munivenkatappa vs Gangappa on 29 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30072
RSA No. 965 of 2008
C/W RSA No. 964 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 965 OF 2008 (DEC)
C/W
REGULAR SECOND APPEAL NO. 964 OF 2008
IN R.S.A No.965 OF 2008
BETWEEN:
1. MUNIVENKATAPPA
AGED ABOUT 69 YEARS
2. MUNINARAYANAPPA
AGED ABOUT 65 YEARS
3. VENKATESHAPPA
AGED ABOUT 62 YEARS
4. MUNIRATHNAPPA
Digitally AGED ABOUT 44 YEARS
signed by
MALATESH
KC 5. SHANKARAPPA
Location: AGED ABOUT 58 YEARS
HIGH
COURT OF
KARNATAKA ALL ARE SONS OF DODDAVENKATARAYAPPA
ALL ARE RESIDENTS OF PRASHANTH NAGAR
KOLAR CITY, PIN:563 101
...APPELLANTS
(BY SRI. V. VINOD REDDY, ADVOCATE FOR APPELLANT
NOS.1 TO 3 & 5;
VIDE ORDER DATED 21.06.2024 APPEAL DISMISSED AS
AGAINST APPELLANT No.4)
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RSA No. 965 of 2008
C/W RSA No. 964 of 2008
AND:
1. GANGAPPA
SINCE DEAD BY LRs
1(A). GANGAMMA
D/O LATE GANGAPPA
W/O LATE CHINNAPPA
AGED ABOUT 70 YEARS
1(B) MUNIVENKATAPPA
S/O LATE GANGAPPA
SINCE DEAD BY LRs
1(B)(A) ANJANAMMA
W/O LATE MUNIVENKATAPPA
AGED ABOUT 62 YEARS
1(B)(B) LAKSHMAMMA
D/O LATE MUNIVENKATAPPA
AGED ABOUT 40 YEARS
1(B)(C) NAGAMANI
D/O LATE MUNIVENKATAPPA
AGED ABOUT 38 YEARS
1(C) VENKATASWAMY
S/O LATE GANGAPPA
AGED ABOUT 60 YEARS
1(D) NARAYANASWAMY
S/O LATE GANGAPPA
SINCE DEAD BY LRs
1(D)(A) NARAYANAMMA
W/O LATE NARAYANASWAMY
AGED ABOUT 55 YEARS
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RSA No. 965 of 2008
C/W RSA No. 964 of 2008
1(D)(B) GAYATHRI
D/O LATE NARAYANASWAMY
AGED ABOUT 38 YEARS
1(D)(C) RENUKA
D/O LATE NARAYANASWAMY
AGED ABOUT 36 YEARS
1(D)(D) TRIVENI @ SHIVARANI
D/O LATE NARAYANASWAMY
AGED ABOUT 33 YEARS
1(E) RAMACHANDRAPPA
SINCE DEAD BY LRS DIED ON 03.01.2022
1(E)(A) SUBBAMMA
W/O RAMACHANDRAPPA
AGED ABOUT 50 YEARS
1(E)(B) RAVATHI
D/O RAMACHANDRAPPA
AGED ABOUT 34 YEARS
1(E)(C) RAKHA
D/O RAMACHANDRAPPA
AGED ABOUT 32 YEARS
1(E) (D) ROJA
D/O RAMACHANDRAPPA
AGED ABOUT 28 YEARS
1(E)(E) SHIVARAJA KUMAR
S/O RAMACHANDRAPPA
AGED ABOUT 26 YEARS
ALL ARE RESIDENTS OF YELAVARA VILLAGE
KASABA HOBLI
KOLAR TALUK AND DISTRICT
PIN:563 101
2. M.V. SWAMY
SINCE DEAD BY LRS
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C/W RSA No. 964 of 2008
2(A) NAGARAJA
S/O LATE M.V. SWAMY
AGED ABOUT 58 YEARS
2(B) PARVATHAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 56 YEARS
2(C) NARAYANAMMA @ PADMAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 54 YEARS
2(D) RADHAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 53 YEARS
2(E) RUKMINI
D/O LATE M.V. SWAMY
AGED ABOUT 51 YEARS
2(F) JYOTHISH
S/O LATE M.V. SWAMY
AGED ABOUT 48 YEARS
2(G) PUSHPA KUMAR
S/O LATE M.V. SWAMY
AGED ABOUT 45 YEARS
2(I) GOWRAMMA
SECOND WIFE OF M.V. SWAMY
AGED ABOUT 60 YEARS
2(J) VENKATALAKSHMI
D/O LATE M.V. SWAMY
AGED ABOUT 38 YEARS
2(K) BASAVARAJ
S/O LATE M.V. SWAMY
AGED ABOUT 35 YEARS
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2(L) BHUVANESH KUMAR
S/O LATE M.V. SWAMY
AGED ABOUT 33 YEARS
2(M) SHANMUKA
S/O LATE M.V. SWAMY
AGED ABOUT 29 YEARS
2(N) GEETHANJALI
D/O LATE M.V. SWAMY
AGED ABOUT 27 YEARS
2(O) THARUNYA
D/O LATE M.V. SWAMY
AGED ABOUT 24 YEARS
3. RAMAPPA
AGED ABOUT 65 YEARS
ALL ARE SONS OF KANNUR MUNIYAPPA
R/O YELAVARA VILLAGE
KASABA HOBLI
KOLAR TALUK-563 101
...RESPONDENTS
(BY SRI. K.M. SHAMANNA, ADVOCATE FOR R1(A), R1(B)(A) TO
R1(B)(C), R1(C), R1(D)(A TO D), R1(E)(A TO E),
R2(I, J, K, L, M, N, O & R3;
VIDE ORDER DATED 23.05.2023 - R4 IS DEAD)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.12.2.2008 PASSED IN
R.A.NO.119/06 ON THE FILE OF THE ADDL. DIST. JUDGE
(FTC-IV) KOLAR, ALLOWING THE APPEAL FILED AGAINST THE
JUDGMENT AND DECREE DT.20.12.2005 PASSED IN
O.S.NO.257/2004 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN) KOLAR.
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RSA No. 965 of 2008
C/W RSA No. 964 of 2008
IN R.S.A No.964 OF 2008
BETWEEN:
1. MUNIVENKATAPPA
AGED ABOUT 69 YEARS
2. MUNINARAYANAPPA
AGED ABOUT 65 YEARS
3. VENKATESHAPPA
AGED ABOUT 62 YEARS
4. MUNIRATHNAPPA
AGED ABOUT 44 YEARS
5. SHANKARAPPA
AGED ABOUT 58 YEARS
ALL ARE SONS OF DODDAVENKATARAYAPPA
ALL ARE RESIDENTS OF PRASHANTH NAGAR
KOLAR CITY, PIN:563 101
...APPELLANTS
(BY SRI. V. VINOD REDDY, ADVOCATE FOR APPELLANT
NOS.1 TO 3 & 5;
VIDE ORDER DATED 21.06.2024 APPEAL DISMISSED AS
AGAINST APPELLANT No.4)
AND:
1. GANGAPPA
SINCE DEAD BY LRs
1(A). GANGAMMA
D/O LATE GANGAPPA
W/O LATE CHINNAPPA
AGED ABOUT 70 YEARS
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1(B) MUNIVENKATAPPA
S/O LATE GANGAPPA
SINCE DEAD BY LRs
1(B)(A) ANJANAMMA
W/O LATE MUNIVENKATAPPA
AGED ABOUT 62 YEARS
1(B)(B) LAKSHMAMMA
D/O LATE MUNIVENKATAPPA
AGED ABOUT 40 YEARS
1(B)(C) NAGAMANI
D/O LATE MUNIVENKATAPPA
AGED ABOUT 38 YEARS
1(C) VENKATASWAMY
S/O LATE GANGAPPA
AGED ABOUT 60 YEARS
1(D) NARAYANASWAMY
S/O LATE GANGAPPA
SINCE DEAD BY LRs
1(D)(A) NARAYANAMMA
W/O LATE NARAYANASWAMY
AGED ABOUT 55 YEARS
1(D)(B) GAYATHRI
D/O LATE NARAYANASWAMY
AGED ABOUT 38 YEARS
1(D)(C) RENUKA
D/O LATE NARAYANASWAMY
AGED ABOUT 36 YEARS
1(D)(D) TRIVENI @ SHIVARANI
D/O LATE NARAYANASWAMY
AGED ABOUT 33 YEARS
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C/W RSA No. 964 of 2008
1(E) RAMACHANDRAPPA
SINCE DEAD BY LRS DIED ON 03.01.2022
1(E)(A) SUBBAMMA
W/O RAMACHANDRAPPA
AGED ABOUT 50 YEARS
1(E)(B) RAVATHI
D/O RAMACHANDRAPPA
AGED ABOUT 34 YEARS
1(E)(C) RAKHA
D/O RAMACHANDRAPPA
AGED ABOUT 32 YEARS
1(E) (D) RAJA
S/O RAMACHANDRAPPA
AGED ABOUT 28 YEARS
1(E)(E) SHIVARAJA KUMAR
S/O RAMACHANDRAPPA
AGED ABOUT 26 YEARS
ALL ARE RESIDENTS OF YELAVARA VILLAGE
KASABA HOBLI
KOLAR TALUK AND DISTRICT
PIN:563 101
2. M.V. SWAMY
SINCE DEAD BY LRS
2(A) NAGARAJA
S/O LATE M.V. SWAMY
AGED ABOUT 58 YEARS
2(B) PARVATHAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 56 YEARS
2(C) NARAYANAMMA @ PADMAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 54 YEARS
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2(D) RADHAMMA
D/O LATE M.V. SWAMY
AGED ABOUT 53 YEARS
2(E) RUKMINI
D/O LATE M.V. SWAMY
AGED ABOUT 51 YEARS
2(F) JYOTHISH
S/O LATE M.V. SWAMY
AGED ABOUT 48 YEARS
2(G) PUSHPA KUMAR
S/O LATE M.V. SWAMY
AGED ABOUT 45 YEARS
2(I) GOWRAMMA
SECOND WIFE OF M.V. SWAMY
AGED ABOUT 60 YEARS
2(J) VENKATALAKSHMI
D/O LATE M.V. SWAMY
AGED ABOUT 38 YEARS
2(K) BASAVARAJ
S/O LATE M.V. SWAMY
AGED ABOUT 35 YEARS
2(L) BHUVANESH KUMAR
S/O LATE M.V. SWAMY
AGED ABOUT 33 YEARS
2(M) SHANMUKA
S/O LATE M.V. SWAMY
AGED ABOUT 29 YEARS
2(N) GEETHANJALI
D/O LATE M.V. SWAMY
AGED ABOUT 27 YEARS
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2(O) THARUNYA
D/O LATE M.V. SWAMY
AGED ABOUT 24 YEARS
3. RAMAPPA
AGED ABOUT 65 YEARS
ALL ARE SONS OF KANNUR MUNIYAPPA
R/O YELAVARA VILLAGE
KASABA HOBLI
KOLAR TALUK-563 101
...RESPONDENTS
(BY SRI. K.M. SHAMANNA, ADVOCATE FOR R1(A),
R1(B) (A)TO(C), R1(C), R1(D)(A TO D), R1(E) (A TO E);
R2(I, J, K, L, M,N,O & R3)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.12.2.2008 PASSED IN
R.A.NO.118/06 ON THE FILE OF THE ADDL. DIST. JUDGE
(FTC-IV) KOLAR, DISMISSING THE APPEAL FILED AGAINST
THE JUDGMENT AND DECREE DT.20.12.2005 PASSED IN
O.S.NO.257/2004 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN) KOLAR.
THESE APPEALS, COMING ON FOR FURTHER HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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C/W RSA No. 964 of 2008
ORAL JUDGMENT
Case again called out today as per the order dated 26.07.2024. Respondent No.1 (b) (c), respondent No.1 (d) (c), respondent No.2 (c), respondent No.2 (e) and respondent No.2
(m) are present.
2. The contents of the compromise petition are read over to the parties in Kannada language in the presence of their advocates.
3. Parties submit that the terms of the compromise petition depict the true terms of settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise and it is voluntary.
4. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.
Hence, the following:
ORDER
(i) Appeals stand disposed of in terms of the compromise petition.
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(ii) Office is directed to draw modify decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.
(iii) No order as to costs.
(iv) Appellants are entitled for the refund of permissible Court Fee.
Sd/-
(V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 56