Karnataka High Court
Sri Siddappa vs Sri Patel Hanumanthaiah on 12 February, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RSA No. 580 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 580 OF 2015 (PAR)
BETWEEN:
1. SRI. SIDDAPPA @ SIDDAIAH,
SON OF PATEL HANUMANTHAIAH,
AGED ABOUT 63 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
2. SMT. SIDDAGANGAMMA,
WIFE OF LATE SHIVANNA,
AGED ABOUT 68 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
Digitally signed
by
MOHANKUMAR
M 3. SRI. TRIMURTHY,
Location: High SON OF LATE SHIVANNA,
Court of
Karnataka AGED ABOUT 37 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
4. SMT. LATHA,
DAUGHTER OF LATE SHIVANNA,
AGED ABOUT 35 YEARS,
RESIDING AT MAROHALLI VILLAGE,
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RSA No. 580 of 2015
KASABA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
...APPELLANTS
(BY SRI. P.M. GOPI, ADVOCATE FOR
SRI.SIDDAMALLAPPA P M., ADVOCATE)
AND:
1. SRI. PATEL HANUMANTHAIAH,
SON OF LATE HUCHEGOWDA,
AGED ABOUT 81 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
[SINCE DEATH BY HIS L.R'S
ARE ALREADY ON RECORD]
2. SRI. THIMMARAYAPPA,
SON OF PATEL HANUMANTHAIAH,
AGED ABOUT 65 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
3. SMT. LAKSHMAMMA,
DAUGHTER OF PATEL HANUMANTHAIAH,
WIFE OF LATE HUCHAIAH,
AGED ABOUT 58 YEARS,
RESIDING AT MAROHALLI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
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RSA No. 580 of 2015
4. SMT. GANGALAKSHMAMMA @
GANGARAJAMMA,
WIFE OF H.G.GANGARAJU,
AGED ABOUT 46 YEARS,
RESIDING AT HAROKYATHANAHALLI,
MAKALI POST, DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 130.
SINCE DIED HIS L.R'S
4(a) SRI.H.G.GANGARAJU,
SON OF LATE GANGANNA,
AGED ABOUT 63 YEARS,
RESIDING AT HAROKYATHANAHALLI,
MAKALI POST, DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 130.
4(b) SMT.RAMYA H.G.,
DAUGHTER OF H.G.GANGARAJU,
AGED ABOUT 33 YEARS,
RESIDING AT HAROKYATHANAHALLI,
MAKALI POST, DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 130.
4(c) SRI.RAVIKUMAR H.G.,
SON OF H.G.GANGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT HAROKYATHANAHALLI,
MAKALI POST, DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 130.
...RESPONDENTS
(BY SRI. C.CHENNARAYA REDDY, ADVOCATE FOR R2;
R3 AND R4 - VIDE ORDER DATED 05.02.2019
APEEAL DISMISSED;
R1 - ABATED VIDE ORDER DATED 20.08.2019)
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RSA No. 580 of 2015
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGMENT & DECREE DATED 11.3.2015 PASSED IN
R.A.NO.185/2013 ON THE FILE OF THE PRL. DISTRICT JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, PARTLY
ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 17.6.2013 PASSED IN OS.NO.313/2009 ON
THE FILE OF THE SENIOR CIVIL JUDGE & JMFC.,
NELAMANGALA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Challenging judgment and decree dated 11.03.2015 in
R.A.no.185/2013 passed by Principal District Judge, Bengaluru
Rural District ("first appellate Court", for short) and judgment
and decree dated 17.06.2013 in O.S.no.313/2009 passed by
Senior Civil Judge and J.M.F.C., Nelamangala ("trial Court", for
short), this appeal is filed. Appeal is filed by plaintiffs in suit for
partition.
2. Learned counsel for appellants submitted that during
pendency of appeal at instance of relatives and family elders,
parties had conciliated their differences and agreed to enter
into compromise. Terms of compromise petition are as follows:
"The appellants are the plaintiffs and they filed original
suit in O.S.no.313/2009 on the file of Senior Civil Judge
and JMFC, Nelamangala for the relief of partition
allotment of 1/4th share in the suit schedule properties
against respondents herein. During the pendency of the
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appeal first defendant-Sri Patel Hanumanthaiah died his
legal representatives are the appellants and other
respondents herein are already on record. The defendant
no.3-Smt.Lakshmamma died, her legal representatives
are brought on record as respondent no.4(a) to (c).
That the Appellants aggrieved by the judgment and
decree dated 17.06.2013 passed in O.S.no.313/2009,
wherein the Trial Court partly decreed the suit with
respect to item no.2, 8 and 9 of schedule. The suit with
respect to other item of suit schedule properties stand
dismissed. The appellant challenge the judgment and
decree dated 17.06.2013 before the First Appellate Court
in R.A.no.185/2015. The First Appellate Court considering
the appeal vide judgment and decree dated 11.03.2015,
partly allowed the appeal confirmed the trial court
judgment and decree with respect to item no.1 and 6 of
suit schedule properties and decreed the suit with respect
to item no.3 to 5, 7, 10 and 11."
3. Both parties are present and identified by their
respective counsels. On interaction, they have stated that
compromise petition has entered into voluntarily without threat
or coercion or inducement from anyone.
4. Perused terms of compromise petition and which
appear to be lawful. As such, there is no impediment for this
Court to accept compromise petition. Consequently, following:
ORDER
(i) Appeal is allowed in terms of compromise petition.
(ii) To above extent, judgment and decree of first
appellate Court and trial Court are modified.
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(iii) Registry to draw decree incorporating terms of
compromise petition.
Sd/-
JUDGE
MKM
