Karnataka High Court
Shri Srirangappa vs Smt. Narayanamma on 18 August, 2023
Bench: H.P.Sandesh
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RSA No. 1284 of 2021
C/W RSA No. 1285 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1284 OF 2021 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO.1285 OF 2021 (PAR)
IN R.S.A.NO.1284 OF 2021:
BETWEEN:
SHRI SRIRANGAPPA
S/O LATE MUNICHOWDAPPA
SINCE DECEASED BY HIS LRS
1. SMT. VENKATAMMA
W/O LATE SRIRANGAPPA
THE APPELLANT NO.1 DIED DURING PENDENCY OF
THE APPEAL AND HER LRs ARE ALREADY ON RECORD
AS APPELLANT NOS.2 TO 6 AND SAME MAY BE
CONSIDERED AS LRs OF APPELLANT NO.1.
Digitally signed
by SHARANYA T
Location: HIGH 2. SMT. PARVATHAMMA
COURT OF D/O LATE SRIRANGAPPA
KARNATAKA
AGED ABOUT 55 YEARS
3. SMT. SAROJAMMA
D/O LATE SRIRANGAPPA
W/O KRISHNA REDDY
AGED ABOUT 53 YEARS
APPELLANT NOS.2 AND 3 ARE
R/AT THIMMASANDRA VILLAGE
RONURU HOBLI
SRINIVASAPURA TALUK
KOLAR-563 135.
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4. SHRI S. SRINIVASA REDDY
S/O LATE SRIRANGAPPA
AGED ABOUT 47 YEARS
R/AT ALVATA VILLAGE
KASABA HOBLI
SRINIVASAPURA TALUK
KOLAR-563 135.
5. SHRI G.M. MUNIRAJU
S/O MUNISHAMI REDDY
AGED ABOUT 50 YEARS
6. SHRI MANJUNATH REDDY G.M.
S/O G.M.MUNIRAJU
AGED ABOUT 29 YEARS
APPELLANT NOS.5 AND 6 ARE
R/AT GANDLAHALLI VILLAGE
CHINTAMANI TALUK-563 125
CHIKKABALLAPURA DISTIRCT.
...APPELLANTS
(BY SRI VISWANATHA SETTY V., ADVOCATE)
AND:
SMT. NARAYANAMMA
W/O LATE KRISHNAPPA
SINCE DECEASED BY HER LRS
1. SMT. SHOBA
W/O SOMASHEKARA REDDY
AGED ABOUT 40 YEARS
R/AT CHIKKA THIMMANAHALLI
RONUR HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT-563 135.
...RESPONDENT
(BY SRI CHANDRASHEKAR C., ADVOCATE)
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RSA No. 1284 of 2021
C/W RSA No. 1285 of 2021
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 04.02.2019
PASSED IN R.A.NO.155/2015 ON THE FILE OF THE I
ADDITIONAL DISTRICT JUDGE, KOLAR, PARTLY ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 19.09.2015 PASSED IN O.S.NO.17/2006 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE, KOLAR.
IN R.S.A.NO.1285 OF 2021:
BETWEEN:
SHRI SRIRANGAPPA
S/O LATE MUNICHOWDAPPA
SINCE DECEASED BY HIS LRS
1. SMT. VENKATAMMA
W/O LATE SRIRANGAPPA
THE APPELLANT NO.1 DIED DURING PENDENCY OF
THE APPEAL AND HER LRs ARE ALREADY ON RECORD
AS APPELLANT NOS.2 TO 6 AND SAME MAY BE
CONSIDERED AS LRs OF APPELLANT NO.1.
2. SMT. PARVATHAMMA
D/O LATE SRIRANGAPPA
AGED ABOUT 55 YEARS
3. SMT. SAROJAMMA
D/O LATE SRIRANGAPPA
W/O KRISHNA REDDY
AGED ABOUT 53 YEARS
APPELLANT NOS.2 AND 3 ARE
R/AT THIMMASANDRA VILLAGE
RONURU HOBLI
SRINIVASAPURA TALUK
KOLAR-563 135.
4. SHRI S. SRINIVASA REDDY
S/O LATE SRIRANGAPPA
AGED ABOUT 47 YEARS
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RSA No. 1284 of 2021
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R/AT ALVATA VILLAGE
KASABA HOBLI
SRINIVASAPURA TALUK
KOLAR-563 135.
5. SHRI G.M. MUNIRAJU
S/O MUNISHAMI REDDY
AGED ABOUT 50 YEARS
6. SHRI MANJUNATH REDDY G.M.
S/O G.M.MUNIRAJU
AGED ABOUT 29 YEARS
APPELLANT NOS.5 AND 6 ARE
R/AT GANDLAHALLI VILLAGE
CHINTAMANI TALUK-563 125
CHIKKABALLAPURA DISTIRCT.
...APPELLANTS
(BY SRI VISWANATHA SETTY V., ADVOCATE)
AND:
SMT. NARAYANAMMA
W/O LATE KRISHNAPPA
SINCE DECEASED BY HER LRS
1. SMT. SHOBA
W/O SOMASHEKARA REDDY
AGED ABOUT 40 YEARS
R/AT CHIKKA THIMMANAHALLI
RONUR HOBLI,
SRINIVASAPURA TALUK
KOLAR DISTRICT-563 135.
...RESPONDENT
(BY SRI CHANDRASHEKAR C., ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 04.02.2019 PASSED IN
R.A.NO.154/2015 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, KOLAR, PARTLY ALLOWING THE APPEAL AND MODIFYING
THE JUDGMENT AND DECREE DATED 19.08.2015 PASSED IN
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O.S.NO.89/2005 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE, KOLAR.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The office objections regarding mentioning the date of
judgment as 4.2.2019 appears to be incorrect, since the very
Presiding Officer has signed the same as 4.2.2020 and hence,
the question of limitation does not arise.
2. The other office objection is to produce the
genealogical tree. Now the parties are settled the matter and
hence, question of producing the genealogical tree does not
arise. The other office objections are complied.
3. The counsel Sri.Chandrashekar C. has filed Vakalath
for the respondent in both the cases. The counsel for the
appellant also filed a memo for treating the legal
representatives of appellant No.1 and produced the death
certificate of appellant No.1 and appellants No.2 to 6 are the
legal representatives of deceased appellant No.1 who died on
23.11.2021 leaving behind appellants No.2 to 6 to succeed his
estate. Appellants No.2 to 6 are already on record as parties to
the proceedings. The same is taken on record. The appellants
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and also the respondents are before the Court and respective
counsels have also identified the parties before the Court that
they are the appellants and also the respondents. The parties
have filed the compromise petition under Order 23 Rule 1 of
CPC. In terms of settlement 'A' Schedule Property i.e. item
Nos.1 to 3 are allotted in favour of the respondents and
remaining properties are vests with appellant No.4 exclusively
and appellants No.2, 3, 5 and 6 have consented for the same in
terms of the settlement arrived at between the parties.
4. The terms of compromise is explained to the parties
and the parties have understood the terms of the compromise.
In view of the parties accepting the terms of compromise,
compromise petition is accepted.
Registry is directed to draw the decree in terms of the
compromise.
Accordingly, both the appeals are disposed of.
Sd/-
JUDGE
AP
