Karnataka High Court

G L Vijayakumari vs Smt Leelamma @ Leelavathi on 10 April, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                        NC: 2024:KHC:14876
                                                       RSA No. 536 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 10TH DAY OF APRIL, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE M.G.S. KAMAL
                 REGULAR SECOND APPEAL NO. 536 OF 2021 (PAR)
                BETWEEN:
                     G L VIJAYAKUMARI
                     D/O LINGAPPA @ NINGAPPA
                     AGED ABOUT 36 YEARS
                     RESIDING AT GUNDLAHALLI VILLAGE
                     KASABA HOBLI, MADHUGIRI TALUK
                     TUMAKURU DISTRICT - 572 132.
                                                              ...APPELLANT
                (BY SRI. SAMPATH BAPAT., ADVOCATE)

                AND:
                1.   SMT LEELAMMA @ LEELAVATHI
                     W/O NINGAPPA
Digitally            AGED ABOUT 54 YEARS
signed by            RESIDING NEAR LAKSHMI TEMPLE
SUMA B N
Location:            D M PALYA, TUMAKURU - 572 101.
High Court of
Karnataka
                2.   SMT. GANGAMMA
                     W/O LATE BASAVARAJAPPA
                     AGED MAJOR
                     RESIDENT OF OPP KALIDASA HIGH SCHOOOL
                     SIRA GATE, TUMAKURU - 572 101.

                3.   SRI. NANJAPPA @ GARE NANJAPPA
                     H/O LATE ANJINAMMA
                     AGED ABOUT 56 YEARS
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                                        NC: 2024:KHC:14876
                                     RSA No. 536 of 2021




     RESIDING NEAR LAKSHMI TEMPLE
     D M PALYA, TUMAKUR - 572 101.

4.   SMT. CHANDARAKALA
     D/O NANJAPPA
     W/O HONNARAJU
     AGED ABOUT 26 YEARS
     RESIDING AT WARD NO.1, D M PALYA
     SIRA GATE, TUMAKURU - 572 101.

5.   SMT. LAKSHMI N.,
     D/O NANJAPPA
     W/O AVALAIAH K B
     AGED ABOUT 23 YEARS
     RESIDING AT KODIHALLI VILLAGE
     KOTTHAGERE HOBLI
     KUNIGAL TALUK, TUMAKURU - 572 130.
                                           ...RESPONDENTS
(BY SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R1, R2 R4
AND R5;
SRI. SHREEPADA RAJA G., ADVOCATE FOR R3)

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 30.03.2021 PASSED IN
RA.NO.10/2021 (OLD NO.115/2018) ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, TUMAKURU,       ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 16.07.2018 PASSED IN OS.NO.619/2007 ON THE FILE
OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU.

      THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                                          NC: 2024:KHC:14876
                                                        RSA No. 536 of 2021




                               JUDGMENT

This appeal is filed by the plaintiff aggrieved by the

judgment and decree dated 16.07.2018 passed in

O.S.No.619/2007 on the file of V Additional Civil Judge

and J.M.F.C, Tumakuru (hereinafter 'the Trial Court')

which is confirmed by the common judgment and order

dated 30.03.2021 passed in R.A.No.10/2021 on the file of

VII Additional District Judge, Tumakuru (hereinafter 'the

First Appellate Court').

2. A Compromise petition dated 10.04.2024 is filed

under Order 23 Rule 3 R/w Section 151 of CPC, 1908

which reads as under:

"1. The Appellant was the Plaintiff and Respondents were the Defendants before the Trial Court.

2. That Appellant/Plaintiff had filed O.S No. O.S. No.619/2007 on the file of V Additional Civil Judge & JMFC at Tumukuru seeking partition and separate possession of 14 Share in the Joint family property of her Maternal Grandfather Late Sri.Honnappa. Late Sri. Honnappa had four daughters and all of them are entitled to ¼

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Share. The said suit was decreed on 16.07.2018. The Respondents 1, 2, 4 & 5 preferred R.A. No.10/2021 (Old R.A No.115/2018) on the file of VII Additional District and Sessions Judge at Tumakuru. The said Regular Appeal was allowed on 30.03.2021 and the decree passed by the trial court was set aside and the suit was dismissed. Aggrieved by the judgment and decree dated 30.03.2021 in R.A. No.10/2021 (Old R.A No.115/2018), the present Regular Second Appeal is preferred by the Plaintiff.

3. The 3rd Respondent, i.e., Husband of Late Smt. Anjinamma was impleaded as a party respondent since at the time of suit, his daughters were minors. It now transpired that Late Smt. Anjinamma had left behind a will dated 16.07.2021 under which her share is allotted

herein.

4. That after the intervention of elders and well- wishers, the parties to the lis have amicably settled the dispute amongst themselves as per the terms mentioned hereinbelow:

i. That the Respondents admit the fact that the Appellant has got undivided share in the suit properties being the only legal heir of Late Smt.Malamma and as such legally entitled to ¼ Share in Suit Schedule Properties. (Approximately 19 Guntas of Land)

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ii. That the Appellant has agreed for the proposal of the Respondents to receive 15 guntas of land in Sy.No.30/5 bearing Khata Nos.52, 151, 155 and 162 more fully shown in Item No.1 of the Suit Schedule Properties towards her claim over suit schedule properties. The property allotted in terms of the compromise is more fully described in the schedule hereunder and hereinafter referred to as Schedule 'A' Property.

iii. The Appellant agree to give up her right over Item No.2 and 3 of schedule property.

iv. The Respondents No.1, 2, 4 and 5 are allotted Schedule 'B' Property to an extent of 1 acre 21 guntas of land in Sy.No.30/5 bearing Khata

v. The Appellant or anybody claiming under her do not claim any right over the other properties except to the share allotted to the Appellant referred to above.

vi. The Respondents herein release their undivided right in respect of the property allotted to the Appellant which is shown as Schedule 'A' Property and as such they will not claim any right, title or interest in respect of the same.

vii. The Appellant is put in possession of her share allotted in terms of this compromise and entitled to the same as true owner.

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viii. That both the parties hereto submit that the above compromise is arrived out of the own will and desire of the parties hereto to put an end to the litigation and there has been no entered into between the parties at their own will without there being any undue influence or coercion.

Wherefore, the Appellant and the Respondents pray that this Hon'ble Court may be pleased to decree the suit in terms of the above compromise petition and direct the registry to draw a preliminary decree in terms of the above compromise, in the interest of justice.

SCHEDULE 'A' PROPERTY

Property allotted to the Appellant/Plaintiff

All that piece and parcel of land bearing Sy.No. 15 guntas of land in Sy.No.30/5 bearing Khata Nos.52, 151, 155 and 162 situated at Maralena Hally Village, Kasaba Hally Hobli, Tumakuru Taluk.

SCHEDULE 'B' PROPERTY

Property allotted to the Respondent No.1,2,4 & 5:

All that piece and parcel of 1 acre 21 guntas of land in Sy.No.30/5 bearing Khata Nos.52, 151, 155 and 162 situated at Maralena Hally Village, Kasaba Hally Hobli, Tumakuru Taluk out of which 20 guntas of land allotted to Neelamma @ Leelavathi. 20 guntas of land

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guntas of land allotted to Chandrakala & Lakshmni."