Karnataka High Court
Smt. Narasamma vs Kempa Channappa S/O Late Bommanna on 7 December, 2023
Author: V Srishananda
Bench: V Srishananda
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RFA No. 737 of 2003
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.737 OF 2003 (PAR)
BETWEEN:
1. SMT.NARASAMMA
SINCE DECEASED BY HER LEGAL REPRESENTATIVES
(a) SMT.HANUMAKKA
W/O KEMPACHANNAPPA
D/O NARASAMMA
AGED ABOUT 65 YEARS
RESIDING AT NO.289, II STAGE
SUNKADAKATTE
BANGALORE - 560 091.
(b) SRI HANUMANTHARAYAPPA
S/O LATE THIMMARAYAPPA AND NARASAMMA
AGED ABOUT 60 YEARS
RESIDING AT SUNKADAKATTE
BANGALORE - 560 091
Digitally
signed by R
MANJUNATHA (c) SMT.VENKATALAKSHMAMMA
Location:
HIGH COURT SINCE DECEASED BY HER LEGAL REPRESENTATIVES
OF
KARNATAKA (i) CHANDRASHEKAR.B.M
S/O LATE K.C.MARISWAMAPPA
AGED ABOUT 42 YEARS
(ii) SRINATH .B.M
S/O LATE K.C.MARISWAMAPPA
AGED ABUOT 38 YEARS
APPELLANT No.1(c)(i and ii) ARE
RESIDING AT No.367, 15TH CROSS
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RFA No. 737 of 2003
2ND MAIN ROAD, HOYSLA NAGAR
SUNKADAKATTA
VISHWANEEDAM POST
BANGALORE - 560 091.
(d) SMT.RATNAMMA
W/O LATE RAMACHANDRA
D/O LATE THIMMARAYAPPA
AND NARASAMMA
RESIDING AT SUNKADAKATTE
BANGALORE -560 091
(e) SRI MOHAN
S/O LATE THIMMARAYAPPA AND NARASAMMA
R/AT SUNKADAKATTE
BANGALORE -560 091
2. SMT. JAYAMMA
SINCE DECEASED BY HER LEGAL REPRESENTATIVES
(a) SRI M.S.GANGADHARAIAH
S/O LATE SANNABORAIAH
AGED ABOUT 70 YEARS
(b) SMT.JAYALAKSHMAMMA
W/O LATE APPEGOWDA
AGED ABOUT 69 YEARS
(c) SMT.B.A.HEMA
D/O LATE APPEGOWDA
AGED ABOUT 35 YEARS
(d) SRI B.A.KIRAN
S/O LATE APPEGOWDA
AGED ABOUT 31 YEARS
(e) SRI RAMESH.M.S
S/O LATE SANNABORAIAH
AGED ABOUT 65 YEARS
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RFA No. 737 of 2003
(f) SMT.RATHNA
D/O LATE SANNABORAIAH
AGED ABOUT 59 YEARS
(g.) JANAKAMMA
D/O LATE SANNABORAIAH
AGED ABOUT 57 YEARS
(h) SRI SURESH.M.S
S/O LATE SANNABORAIAH
AGED ABOUT 55 YEARS
(i) SRI M.S.GIRISH
S/O LATE SANNABORIAH
AGED ABOUT 47 YEARS
(j) SMT.VANITHA
D/O LATE SANNABORAIAH
AGED ABOUT 44 YEARS
ALL ARE RESIDING AT No.11-3,
SUNKADAKATTE, HOYSALA NAGAR
VISHWANEEDAM POST
BENGALURU - 560 091
3. SMT.SAVITRAMMA
W/O HANUMANTHARAYAPPA
AGED ABOUT 69 YEARS,
R/AT KALLUR VILLAGE,
MAGADI TALUK,
RAMANAGAR DISTRICT.
...APPELLANTS
[BY SRI P.ANAND, ADVOCATE FOR A1(c) (i and ii) A2(A TO J)
AND A3;
SMT.GEETHA DEVI.M.P, ADVOCATE FOR A1(A, B AND D)
SRI P.LAKSHMI NARAYANA, ADVOCATE FOR A1(E)]
AND:
1. KEMPA CHANNAPPA
S/O LATE BOMMANNA
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RFA No. 737 of 2003
AGED ABOUT 68 YEARS,
R/AT SUNKADAKATTE VILLAGE,
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE -560 091.
2. SRI NARASIMHAIAH
SINCE DECEASED BY HIS LEGAL REPRESENTATIVES
a) SRI N.SHANKARAPPA
S/O LATE NARASIMHAIAH
AGED ABOUT 58 YEARS
R/AT PIPELINE ROAD
HOYSALA NAGAR
SUNKADAKATTE POST OFFICE BUILDING
VISHWANEEDAM POST
BANGALORE - 91
b) SRI N.SOMASHEKARIAH
S/O LATE NARASIMHAIAH
AGED ABOUT 52 YEARS
R/AT OPP. POST OFFICE BUILDING
PIPE LINE ROAD, HOYSALA NAGAR
SUNKADAKATTE
VISHWANEEDAM POST
BANGALORE-91
(c) SRI N.KRISHNAPPA
S/O LATE NARASIMHAIAH
AGED ABOUT 45 YEARS
R/AT BESIDE POST OFFICE BUILDING
PIPE LINE ROAD, HOYSALA NAGAR
SUNKADAKATTE
VISHWANEEDAM POST
BANGALORE-91
(d) SRI N.RAVISH
S/O LATE NARASIMHAIAH
AGED ABOUT 42 YEARS
AYAPPA SWAMY CIRCLE
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RFA No. 737 of 2003
CORNER BUILDING
PIPE LINE ROAD, HOYSALA NAGAR
SUNKADAKATTE
VISHWANEEDAM POST
BANGALORE-91
(e) SMT.N.SUSHEELAMMA
D/O LATE NARASIMHAIAH
AGED ABOUT 49 YEARS
R/AT HOSUR VILLAGE
HURTHARIGATTA POST
KUNIGAL TALUK
TUMKUR DISTRICT
(f) SMT.N.GOWRAMMA
D/O LATE NARASIMHAIAH
AGED ABOUT 47 YEARS
RESIDING AT NO.654, 9TH CROSS
40 FEET ROAD, GAJANANA NAGAR
HEGGANAHALLI CROSS,
BANGALORE -91.
(g) SMT.N.NAGARATHNA
D/O LATE NARASIMHAIAH
AGED ABOUT 39 YEARS
RESIDING AT NO.7, 'MATHRUSHREE NILAYA'
PIPE LINE ROAD, HOYSALA NAGAR
SUNKADAKATTE, VISWANEEDAM POST
BANGALORE - 91.
(h) SMT.N.LALITHA
D/O LATE NARASIMHAIAH
AGED ABOUT 36 YEARS
R/AT PIPE LINE ROAD
HOYSALA NAGAR
VISHWANEEDAM POST
BANGALORE - 91
3. SRI NARAYANAPPA
S/O LATE BOMMANNA
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RFA No. 737 of 2003
AGED ABOUT 75 YEARS
R/AT SUNKADAKATTE VILLAGE,
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE -560 091.
4. SMT. LAKSHMIDEVAMMA
W/O NARAYANAPPA
AGED ABOUT 66 YEARS,
R/AT SUNKADAKATTE VILLAGE,
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE- 560 091.
5. HANUMAKKA
W/O KEMPA CHANNAPPA
AGED ABOUT 61 YEARS
R/AT SUNKADAKATTE VILLAGE,
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE -560 091.
...RESPONDENTS
[BY SRI SHARATH S. GOWDA, ADVOCATE FOR R2(F, G AND H);
SRI K.B.MONESH KUMAR, FOR SRI VIJETHA R. NAIK,
ADVOCATES FOR R1 AND R5;
SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R3 AND R4;
SRI S.SHANKARACHAR, ADVOCATE FOR R2(A TO E) AND R2(G
AND H)]
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 22.3.03 PASSED IN O.S.NO.5746/91 ON THE
FILE OF THE XXII ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-
7) DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION AND FOR MESNE PROFITS.
THIS REGULAR FIRST APPEAL COMING ON FOR
REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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RFA No. 737 of 2003
JUDGMENT
Memo filed with original general power of attorney dated
06.12.2023 to represent the respondent No.2 (g) by Sri
R.Chetan Kumar. Same is taken on record.
2. Parties are present, except appellant Nos.1 (a),
respondent Nos.2(b), 2(c), 2(d).
3. Parties present a joint compromise petition under Order
XXIII Rule 3 CPC signed by them and their respective counsels.
4. Read over the contents of the compromise petition and
the sketch.
5. According to the compromise, block No.1 in the sketch is
allotted to Narasamma, Jayamma and Savithramma. Block
No.2 to Narayanappa, Block No.3 to Kempa Chennappa, Block
No.4 to Narasimhaiah.
6. It is for the respective sub sharers to work out their
shares except in respect of block No.4 where already a division
has taken place among the other sharers of Narasimhaiah's
Branch.
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7. Parties agreed that there is no force, undue influence or
coercion in reaching out the settlement and appeal can be
disposed of in terms of the compromise petition.
8. Accordingly, there is no impediment for this Court to pass
the final decree in terms of the compromise petition and
dispose of the appeal. Hence, following order is passed:
ORDER
Appeal stands disposed of in terms of the joint
compromise petition.
Office is directed to pass a modified decree (Final Decree)
in terms of the compromise petition appending the copy of the
compromise petition along with sketch as part of the decree.
No order as to costs.
Sd/-
JUDGE
MR
