Smt Channamma vs Smt Akkayamma
2022 Latest Caselaw 2863 Kant

                              1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF FEBRUARY 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            R.S.A.No.1005/2021(PAR/INJ)

BETWEEN:

1.     SMT. CHANNAMMA,
       W/O LATE DODDAPILLAPPA,
       AGED ABOUT 46 YEARS,

2.     SMT. SUMITHA,
       D/O LATE DODDAPILLAPPA,
       AGED ABOUT 30 YEARS,

3.     KUM. ANITHA,
       D/O LATE DODDAPILLAPPA,
       AGED ABOUT 27 YEARS,

4.     KUM. SHYLAJA,
       D/O LATE DODDAPILLAPPA,
       AGED ABOUT 24 YEARS,

5.     KUM.SAROJA,
       D/O LATE DODDAPILLAPPA,
       AGED ABOUT 24 YEARS,

6.     SRI. DEVARAJ,
       S/O LATE DODDAPILLAPPA,
       AGED ABOUT 28 YEARS,

7.     SRI. CHIKKAPILLAPPA,
       D/O LATE SONNAPPA,
       AGED ABOUT 56 YEARS,

8.     SRI.CHIKKA NARAYANAPPA,
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       S/O LATE SONNAPPA,

       SINCE DEAD BY LRs.,

8(a) SMT. BHAGYAMMA,
     WIFE OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 53 YEARS,

8(b) SMT. MAMATHA.C,
     DAUGHTER OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 33 YEARS,

8(c) SMT. CHANDRAKALA,
     DAUGHTER OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 32 YEARS,

8(d) SMT. SUVANA.C.,
     DAUGHTER OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 31 YEARS,

8(e) SMT. MANJULA.C.,
     DAUGHTER OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 27 YEARS,

8(f)   MISS. PALLAVI.C
       DAUGHTER OF LATE CHIKKANARAYANAPPA,
       AGED ABOUT 24 YEARS,

8(g) MISS. VIJAYALAKSHMI.C.,
     DAUGHTER OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 21 YEARS,

8(h) MASTER. DARSHAN GOWDA.C
     SON OF LATE CHIKKANARAYANAPPA,
     AGED ABOUT 18 YEARS,

       ALL ARE RESIDENTS OF MYLANDAHALLI VILLAGE,
       B.K.HALLI POST, JALA HOBLI,
       BENGALURU NORTH TALUK,
       NOW YELAHANKA TALUK,
       BENGALURU DISTRICT - 560 049.
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9.   SMT. AKKAYAMMA,
     W/O SRI. MUNISWAMAPPA,
     AGED ABOUT 66 YEARS,
     RESIDING AT KODAGURKI,
     KASABA HOBLI,
     DEVANAHALLI TALUK,
     BENGALURU RURAL DISTRICT - 562 164.
                                     ... APPELLANTS
(BY SRI.C.SHANKAR REDDY, ADVOCATE)

AND:

1.     SMT. AKKAYAMMA,
       W/O LATE DODDANNA,
       AGED ABOUT 51 YEARS,

2.     SRI. DHRUVA SHIVA,
       S/O LATE DODDANNA,
       AGED ABOUT 41 YEARS,

3.     SRI. DINAKAR,
       S/O LATE DODDANNA,
       AGED ABOUT 29 YEARS,

4.     SMT. SONNAMMA,
       W/O DODDA NARAYANAPPA,
       AGED ABOUT 56 YEARS,

5.     SMT. KANTHAMMA,
       W/O PILLE GOWDA,
       D/O DODDA NARAYANAPPA,
       AGED ABOUT 36 YEARS,

6.     SRI. CHOWDAPPA,
       S/O DODDA NARAYANAPPA,
       AGED ABOUT 34 YEARS,

7.     SMT. KALAVATHI,
       W/O SRI. JAGADISH,
       D/O DODDA NARAYANAPPA,
       AGED ABOUT 32 YEARS,
                              4




8.    SRI. SURENDRA,
      S/O DODDA NARAYANAPPA,
      AGED ABOUT 26 YEARS,

9.    SMT. SUJALATHA,
      W/O NARASIMHA MURTHY,
      S/O DODDA NARAYANAPPA,
      AGED ABOUT 24 YEARS,

10.   SRI. UMESH,
      S/O DODDA NARAYANAPPA,
      AGED ABOUT 22 YEARS,

11.   SRI. HARISH,
      S/O DODDA NARAYANAPPA,
      AGED ABOUT 20 YEARS,

12.   SMT. CHENNAMMA,
      W/O LATE KRISHNAPPA,
      AGED ABOUT 42 YEARS,

13.   SMT. SUMITHRA,
      D/O LATE KRISHNAPPA,
      AGED ABOUT 32 YEARS,

14.   SRI. RAVI,
      S/O LATE KRISHNAPPA,
      AGED ABOUT 22 YEARS,

15.   SRI. CHANDRA,
      S/O LATE KRISHNAPPA,
      AGED ABOUT 28 YEARS,

16.   SRI. AMBARISH,
      S/O LATE KRISHNAPPA,
      AGED ABOUT 26 YEARS,

      R-1 TO 16 ARE RESIDENTS OF
      MYLANDAHALLI VILLAGE, B.K.HALLI
      POST, JALA HOBLI,
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     BENGALURU NORTH
     TALUK, NOW YELAHANKA TALUK,
     BENGALURU DISTRICT - 560 049.
                                      ... RESPONDENTS

(BY SRI.C.M.RAMAMOHAN, ADVOCATE FOR R-1 TO R-11;
 SRI. K.N.ARAVINDANAVADA, ADVOCATE
           FOR R-12 TO R-16;
 SRI. B.V.ACHAR, ADVOCATE FOR R-17 & R-18)

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 08.09.2021
PASSED IN R.A. No.15035/2020 ON THE FILE OF THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, DEVANAHALLI, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
09.09.2020 PASSED IN O.S. No.484/2007 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND J.M.F.C., DEVANAHALLI.

     THIS APPEAL COMING ON FOR HEARING ON IA THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

1. This second appeal arises out of a suit filed for

partition in which the Trial Court granted 1/7th share in

the suit schedule properties to the plaintiffs and which

has been confirmed by the Appellate Court.

2. In this second appeal, a compromise petition is

filed where the properties, which are the subject matter

of the suit, have been allotted in the manner stated in

the compromise petition.

3. All the plaintiffs, except the first plaintiff--

Akkayamma are present. It is stated that Akkayamma is

aged about 84 years and is unable to be present

physically, though she is present through video

conferencing.

4. The plaintiffs were identified by their counsel. They

admitted the execution of the compromise petition.

5. Defendant Nos.1 to 6 and 12 to 14, who are the

appellants herein, are also present before the Court and

they were identified by their counsel. They also

admitted the execution of the compromise petition.

6. Similarly, defendant Nos.7 to 11, who are

respondent Nos.12 to 16 herein, are also present before

the Court and they also admit the execution of the

compromise petition.

7. I am satisfied with the compromise petition is

lawful and the parties have entered into the compromise

petition on their own free will and volition.

8. The terms of the compromise petition read as

under:

"COMPROMISE PETITION FILED BY THE APPELLANTS AND RESPONDENTS UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE

The parties to the above appeal above named submit as follows:

1. The appellants 1 to 7 and 9 were the defendants 1 to 6, 13 and 14 before the trial court. The appellant no.8 herein died after filing of the above appeal on 07.01.2022 leaving behind the appellants 8[a] to 8[h] to succeed to his estate. The respondents 1 to 11 were the plaintiffs 1 to 3, 4[a] to 4[h] before the trial court. The respondents 12 to 16 were the defendants 7 to 11 before the trial court.

2. The plaintiffs in OS No.484/2007 on the file of the Senior Civil Judge, Bengaluru Rural District at Devanahalli had alleged that the appellants and respondents are joint family members, that Sri Sonnappa and Smt. Muniyamma were having seven children i.e., 1) Sri Doddanna 2) Sri Doddanarayanappa 3) Sri Doddapillappa 4) Sri

Krishnappa 5) Sri Chikkapillappa 6) Sri Chikkanarayanappa and 7) Smt. Gangamma who is no more, that in Sy. No.2/4 measuring to an extent of 33 guntas, Sy. No.98/7 measuring to an extent of 0.18 guntas, Sy. No.100/6 measuring to an extern 0.28 guntas, that the same was earlier owned by Smt. Muniyamma have acquired the same through registered gift deed, that the appellants and respondents had entered into panchayath palupatti dated 15.07.1983 in respect of the properties belonging to Sri Sonnappa and the properties of Smt Muniyamma were left to her towards maintenance with an understanding that the same would be shared later and that Smt Muniyamma died on 07.05.1984. It was contended that the said panchayath palupatti was tampered and additional properties were inserted and the defendants had entered the properties which stood in the name of Smt Muniyamma as if they were allotted to their share and the plaintiffs learnt of the same when the same was produced before the Tahsildar. The suit schedule properties are the family properties and are in joint possession and enjoyment of the suit schedule properties and since there was alleged refusal to allot the plaintiffs their alleged share they had to file a suit for partition and separate possession before the jurisdictional court.

3. The appellants appeared through their counsel and filed detailed written statement and denied the averments of the plaint. It was further contended that the first respondent's husband and father of the

respondents ie., Sri Doddanna and his brothers have entered panchayath palupatti on 15.07.1983, that as per palupatti the schedule properties have fallen to share of appellants and respondents 7 to 11 and they are in peaceful possession and enjoyment of the suit schedule properties and sought for dismissal of the suit. It was further contended that the entire panchayath palupatti was not produced and further placing the very same panchayath palupatti the plaintiffs have collected compensation in respect of the lands which have been allotted to their share and have now targeting the properties which have been allotted to the share of the said defendants. All the properties have been divided and there are no properties available to be divided now. It was further contended that the revenue records were not updated for want of knowledge in his behalf.

4. The parties submit that the honourable Senior Civil Judge at Devanahalli has decreed the suit in OS no.484/2007 under Judgment and Decree dated 09.09.2020. The appellants herein had filed RA no.15035/2020 on the file of the V Additional District and Sessions Judge, Bengaluru Rural District at Devanahalli and the same has since been dismissed under Judgment and Decree dated 08.09.2021 and thereby the trial court decree has been confirmed. The present Regular Second Appeal has been filed by impugning the Judgments and Decrees of the courts below.

5. During the pendency of the above appeal at the instance of elders and well-wishers of the parties to the suit, the parties to the above appeal have compromised / settled the subject matter of the above appeal amicably and the terms of the compromise are reduced into writing as under.

6. The plaintiffs / respondents 1 to 11 in the above appeal admit that there was a prior partition in the family of Sri Sonnappa and Smt Muniyamma which was reduced into writing under Panchayath Palupatti dated 15.07.1983 [which was confronted in the course of evidence and on admission by P.W-3 marked as Ex D-1 and Ex D-2]. The respondents 1 to 11 herein admit the contents of the said Panchayath Palupatti dated 15.07.1983 and further confirm that the said allotment of shares to each of the parties. The parties to the compromise petition admit that the panchayath palupatti dated 15.07.1983 is acted upon by all the parties concerned and that as per palupatti each of the parties have been cultivating the available lands and are in possession separately and further parties admit that the revenue entries have been changed by the respective parties acting upon the panchayath palupatti. The parties further admit that even as on today there are various suits pending before the jurisdictional civil courts and also several LAC cases are also pending consideration at various stages and the respective parties are entitled to defend the said proceedings in relation to the properties allotted to their shares in terms of the

Panchyath Palupatti and each of the parties are entitled to receive compensation without the consent or concurrence of the other parties to the appeal.

7. All the parties to the compromise admit that the Panchayath Palupatti produced and marked as Ex D-1 and Ex D-2 are true and valid documents and that the same are binding on all the parties and further the respondents admit that in terms of the said Panchayath Palupatti all the properties which are made subject matter of the suit in OS no.484/2007 on the file of the Senior Civil Judge and JMFC at Devanahalli have been allotted to the share of the respective parties indicated therein.

8. Now that the parties have reached the negotiating table the plaintiffs having admitted that the defendants 1 to 6, 12 to 14 are the absolute owners in peaceful possession and enjoyment of the suit schedule properties and in order to buy peace and to put an end to the long drawn litigation and to save the relationship between the parties, the defendants 1 to 6, 12 to 14 have voluntarily come forward to give up their claims to a certain extent in favour of the respondents herein. A separate sketch is prepared and drawn to scale with the assistance of a jurisdictional surveyor indicating the allotment of shares to the respective parties and indicating the exact location of the same. The said sketch is signed by all the parties to the compromise petition and is treated as part of

this compromise petition for better identification of the beneficiaries.

9. Suit schedule item no.1 in OS No.484/2007 on the file of the Senior Civil Judge and J.M.F.C at Devanahalli is described as land bearing Sy no.2/4 measuring 33 guntas including 2 guntas Kharab situated at Mylanahalli village, Jala Hobli, Bengaluru North Taluk now in Yelahanka Taluk and in the above compromise petition the said land stands allotted to the extent of 15 ½ guntas of cultivable land and 1 gunta of Kharab land to Sri Chikkanarayanappa's share ie., now represented by appellants 8[a] to 8[h] in the above appeal which is situated towards the western side of the entire land [shown as 'I' in the sketch and the name of Smt Bhagyamma is shown] and the remaining 15 ½ guntas and 1 gunta of Kharab land to Sri Doddapillappa's share ie., now represented by appellants 1 to 6 in the above appeal which is situated towards the eastern side of the entire land [shown as II in the sketch and the name of Smt Channamma is shown]. Both the parties have access through the northern side 20 feet road left privately. The remaining appellants and remaining respondents to the above appeal hereby relinquish / give up / abandon / do not claim any right, title, interest or possession in respect of any portion of land bearing Sy no.2/4 of Mylanahalli village, if any, and they confirm that the Sri Chikkanarayanappa's branch of family and Sri Doddapillappa's branch of family are the absolute owners and they are entitled to enjoy the said

property by themselves free from all encumbrances and they are at liberty to get their names exclusively entered in the revenue records by approaching the competent revenue authority and that the remaining appellants and remaining respondents have no objection for the same and they undertake to execute any further document/s either registered or unregistered that are legally advisable for the Sri Chikkanarayanappa's branch of family and Sri Doddapillappa's branch of family to enjoy the same free from litigations and interferences for all times to come. The said properties are more fully described as Schedule 'A' and 'B' Property respectively to the compromise petition.

10. Suit schedule item no.2 in OS No.484/2007 on the file of the Senior Civil Judge and JMFC at Devanahalli is described as land bearing Sy no.98/7 measuring 18 guntas situated at Mylanahalli village, Jala Hobli, Bengaluru North Taluk, now Yelahanka Taluk and in the above compromise petition the said land stands allotted to the extent of 04 guntas of cultivable land to Sri Doddanna's share ie., now represented by respondents 1 to 3 in the above appeal which is situated towards the eastern side of the entire land after the portion earmarked as road [shown as 'II' in the sketch in the name of D. Dinakar], 08 guntas of land to Sri Dodda Narayanappa's share ie., now represented by respondents 4 to 11 in the above appeal which is situated in the of the entire land [shown as 'III' in the sketch in the name of

Sonnamma], and the western side of the entire land to the extent of 04 guntas is allotted to the share of Sri Krishnappa's share, now represented by respondents 12 to 16 in the above appeal [shown as 'IV' in the sketch in the name of Channamma]. The appellants and remaining respondents to the above appeal hereby relinquish / give up / abandon / do not claim any right, title, interest or possession in respect of any portion of land bearing Sy no.98/7 of Mylanahalli village, if any, and they confirm that the Sri Doddanna's branch of family, Sri Doddanarayanappa's branch of family and Sri Krishnappa's branch of family are the absolute owners and they are entitled to enjoy the said property by themselves free from all encumbrances and they are at liberty to get their names exclusively entered in the revenue records by approaching the competent revenue authority and that the appellants and remaining respondents have no objection for the same and they undertake to execute any further document/s either registered or unregistered that are legally advisable for Sri Doddanna's branch of family, Sri Doddanarayanappa's branch of family and Sri Krishnappa's branch of family to enjoy the same free from litigations and interferences for all times to come. The said properties are more fully described as Schedule 'C', 'D' and 'E' properties respectively to the compromise petition. The remaining extent of 2 guntas situated towards the extreme eastern side of the entire land in Sy no.98/7 is earmarked for common access only to the allottees

of Sy no.98/7 and Sy no.100/6 of Mylanahalli village and the said guntas shall jointly stand in the name of Sri Dinakar son of late Doddanna, Smt Channamma wife of late Sri Doddapillappa and Smt Bhagyamma wife of late Chikkanarayanappa. In the sketch the said common portion measuring 2 guntas is identified as 'I'. The said property is more fully described as Schedule 'F' Property to the compromise petition.

11. There is an internal understanding in the family of Sri Doddanna. In terms of the understanding the first respondent Smt Akkayamma and second respondent Sri Dhruva Shiva having giving up their rights in favour of the third respondent Sri Dinakar. At the time of entering into the above compromise petition the second respondent Sri Dhruva Shiva has received a sum of Rs.2,00,000=00 [Rs. Two Lakhs only] in cash from the third respondent Sri Dinakar and hence Sri Dhruva Shiva is not entitled to make any claims in respect of the property allotted to Doddanna's branch of family. Similarly, the impleaded respondents 17 and 18 have each received a sum of Rs.50,000=00 [Rs.Fifty Thousand only] and relinquished their share in favour of the other legal representatives of late Sri Doddanna.

12. Suit schedule item no.3 in OS No.484/2007 on the file of the Senior Civil Judge and JMFC at Devanahalli is described as land bearing Sy no.100/6 measuring 28 guntas situated at Mylanahalli village, Jala Hobli, Bengaluru North Taluk, now in Yelahanka

Taluk and in the above compromise petition the said land stands allotted to the extent of 14 ½ guntas of cultivable land to Sri Chikkanarayanappa's share ie., now represented by appellants 8[a] to 8[h] in the above appeal which is situated towards the southern side of the entire land [shown as 'II' in the sketch in the name of Bhagyamma] and the remaining 13 ½ guntas of land to Sri Doddapillappa's share ie., now represented by appellants 1 to 6 in the above appeal which is situated towards the northern side of the entire land [shown as 'I' in the sketch in the name of Channamma]. The remaining appellants and remaining respondents to the above appeal hereby relinquish / give up / abandon / do not claim any right, title, interest or possession in respect of any portion of land bearing Sy no.100/6 of Mylanahalli village, if any, and they confirm that the Sri Chikkanarayanappa's branch of family and Sri Doddapillappa's branch of family are the absolute owners and they are entitled to enjoy the said property by themselves free from all encumbrances and they are at liberty to get their names exclusively entered in the revenue records by approaching the competent revenue authority and that the remaining appellants and remaining respondents have no objection for the same and they undertake to execute any further document/s either registered or unregistered that are legally advisable for the Sri Chikkanarayanappa's branch of family and Sri Doddapillappa's branch of family to enjoy the same

free from litigations and interferences for all times to come. For the exclusive benefit of Sri Chikkanarayanappa's branch of family and Sri Doddapillappa's branch of family a 15 feet width road in 'L' shape running north to south in the middle of the said properties and tapering towards west at the end on the extreme southern side measuring about 20 feet in width running east to west. The said property is more fully described as Schedule 'A' and 'B' properties to the compromise petition.

13. The 7th appellant herein namely Sri Chikkapillappa has expressed that he would not want any share and he has no objection for his share of property being enjoyed by Sri Doddapillappa's branch of family and Sri Chikkanarayanappa's branch of family and in lieu of the same the 7th appellant has received a sum of Rs.2,00,000=00 [Rs. Two Lakhs only] thereby voluntarily, unconditionally and unequivocally giving up his rights in respect of the subject land for all times to come.

14. The 9th appellant herein namely Smt Akkayamma has expressed that she would not want any share and she has no objection for her share of property being enjoyed by Sri Doddapillappa's branch of family and Sri Chikkanarayanappa's branch of family and in lieu of the same the 9th appellant has received a sum of Rs.2,00,000=00 [Rs. Two Lakhs only] thereby voluntarily, unconditionally and unequivocally giving

up her rights in respect of the subject land for all times to come.

15. By virtue of the compromise arrived at between the parties, each of the parties are deemed to have been put in exclusive possession and enjoyment of the respective properties and extents allotted to their share in terms of the above compromise petition and they are at liberty to continue in possession and enjoy the same in the manner they deem fit.

16. There are other proceedings pending in LAC No.33/2007, LAC No.123/2006, LAC No.146/2006, OS No.1981/2006, OS No.1111/2007 and OS No.1791/2006 on the files of various courts at Devanahalli and each of the parties are entitled to prosecute the said proceedings limiting their claims to the extent allotted in the above compromise petition and take the same to its logical end and any benefit accrued there from, the respective parties are entitled to enjoy the fruits of the decree or award that may be passed in the said proceedings.

17. Each of the parties have agreed to bear their own costs of the proceedings throughout.

WHEREFORE, the appellants 1 to 9 and respondents 1 to 18 above named pray that this honorable court be pleased to decree the above appeal in terms of the compromise petition and order for drawing up final decree in terms of the compromise petition and pass suitable orders modifying the

judgments and decrees of the courts below to coincide with the terms of the above compromise petition and direct the parties to bear their own costs throughout in the interest of justice and equity.

       Sd/-                                  Sd/-
Advocate for Appellants                    Appellants


       Sd/-                                   Sd/-
Advocate for Respondents                  Respondents
        1 to 11                             1 to 11


        Sd/-                                 Sd/-
Advocate for Respondents                  Respondents
       12 to 16                            12 to 16

         SCHEDULE 'A' PROPERTY

[PROPERTIES ALLOTTED TO THE SHARE OF SMT CHANNAMMA AND OTHERS-APPELLANTS 1 TO 6]

Item no.1 : All that piece and parcel of land Sy no.2/4 measuring 15 ½ guntas out of 31 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land bearing Sy no.2/1, West by : Remaining land in the same survey number allotted to the share of appellants 8[a] to 8[h] herein,

North by : Land bearing Sy no.2/3, South by : Land bearing Sy no.111.

Item no.2 : All that piece and parcel of land Sy no.100/6 measuring 13 ½ guntas out of 28 guntas

situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land bearing Sy no.100/7, West by : Land bearing Sy no.100/5, North by : Land bearing Sy no.100/4, South by : Remaining extent of land in the same survey no. allotted to the share of appellants 8[a] to 8[h] herein.

SCHEDULE 'B' PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF SMT BHAGYAMMA AND OTHERS-APPELLANTS 8[a] TO 8[h]

Item no.1 : All that piece and parcel of land Sy no.2/4 measuring 15 ½ guntas out of 31 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Remaining land in the same survey number Allotted to the share of appellants 1 to 6 herein,

West by : Land bearing Sy no.110, North by : Land bearing Sy no.2/3, South by : Land bearing Sy no.111.

Item no.2 : All that piece and parcel of land Sy no.100/6 measuring 14 ½ guntas out of 28 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land bearing Sy no.100/7, West by : Land bearing Sy no.100/5, North by : Remaining extent of land in the same

survey no. allotted to the share of appellants 1 to 6 herein, South by : Land bearing Sy no.98/7 and 99.

SCHEDULE 'C' PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF D.

DINAKAR -RESPONDENT NO.3]

Item no.1 : All that piece and parcel of land Sy no.98/7 measuring 4 guntas out of 18 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : 2 guntas in the same survey number left for common approach road kept in the name of Sri D. Dinakar, Smt Bhagyamma and Smt Channamma,

West by : Remaining land in the same survey number allotted to the share of respondents 4 to 11,

North by : Land belonging to Kempanna, South by : Land belonging to Ashwathappa.

SCHEDULE 'D' PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF SONAMMA AND OTHERS -RESPONDENT NO.4 TO 11]

Item no.1 : All that piece and parcel of land Sy no.98/7 measuring 8 guntas out of 18 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land in the same survey number allotted to the share of Sri D. Dinakar, West by : Land in the same survey number allotted to the share of respondents 12 to 16,

North by : Land belonging to Kempanna, South by : Land belonging to Ashwathappa.

SCHEDULE 'E' PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF SMT CHANNAMMA AND OTHERS -RESPONDENT NO.12 TO 16]

Item no.1 : All that piece and parcel of land Sy no.98/7 measuring 4 guntas out of 18 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land in the same survey number allotted to the share of respondents 4 to 11, West by : Land bearing Sy no.98/6, North by : Land belonging to Kempanna, South by : Land belonging to Ashwathappa.

SCHEDULE 'F' PROPERTY [PROPERTIES ALLOTTED TO THE SHARE OF SRI D. DINAKAR, SMT CHANNAMMA AND SMT BHAGYAMMA]

Item no.1 : All that piece and parcel of land Sy no.98/7 measuring 2 guntas out of 18 guntas situated at Mylanahalli village, Jala Hobli, Yelahanka Taluk and the same is bounded on the :

East by : Land bearing Sy no.99, West by : Land in the same survey number allotted to the share of respondent no.3, Sri D.

Dinakar, North by : Land bearing Sy no.100/6, South by : Land belonging to Ashwathappa.

VERIFICATION

We, the appellants and respondents above named do hereby state that the contents of the above compromise petition at paragraphs 1 to 17 are true and correct to the best of our knowledge, information and belief.

        Bengaluru                             Sd/-
        Dated:16.02.2022                   Appellants



                                             Sd/-
                                      Respondents 1 to 11

                                             Sd/-
                                      Respondents 12 to 16"

9. This regular second appeal is accordingly allowed

in terms of the compromise petition.

10. The office to draw the final decree accordingly.

Sd/-

JUDGE

RK CT:SN