Karnataka High Court
Smt Puttananjamma W/O Byregowda vs D E Thammaiah S/O Eswarappa on 13 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2024:KHC:6096
RSA No. 2211 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2211 OF 2007 (SP)
BETWEEN:
1. SMT. PUTTANANJAMMA
W/O BYREGOWDA
REP. BY HER LEGAL REPRESENTATIVES
APPELLANTS NO. 2 TO 6 HEREIN
2. MR. PARAMESHWARAPPA
S/O BYREGOWDA
MAJOR
3. MR. VISVESWARAIAH
SINCE DEAD REP. BY HIS LRS
Digitally signed
by SHARANYA T 3(A) SMT. CHANDRAMMA
Location: HIGH W/O LATE VISVESWARAIAH
COURT OF
KARNATAKA AGED ABOUT 45 YEARS
3(B) MR. GIRISH
S/O LATE VISVESWARAIAH
AGED ABOUT 26 YEARS
3(C) MR. SHASHIDHAR
S/O LATE VISVESWARAIAH
AGED ABOUT 24 YEARS
-2-
NC: 2024:KHC:6096
RSA No. 2211 of 2007
4. MR. THANDAVESHWARA
S/O BYREGOWDA
MAJOR
5. MR. SURESH
S/O BYREGOWDA
MAJOR
6. MR. PUTTASWAMY
S/O BYREGOWDA
MAJOR
ALL ARE R/AT DESHANI VILLAGE
JAVAGAL HOBLI, ARSIKERE TALUK
HASSAN
...APPELLANTS
(BY SMT. SUMITHRA G M, ADVOCATE FOR A2, A3(A-C),
A4 & A5)
AND:
1. D E THAMMAIAH
S/O ESWARAPPA
MAJOR
2. RUDRAMMA
W/O SHVIALINGAPPA
MAJOR
BOTH ARE R/AT CHITRANAHALLY VILLAGE
SALIGRAMA HOBLI
HASSAN TALUK
3. BASAMMA
SINCE DEAD REPRESENTED
BY HER LRS RESPONDENTS NO.7 & 8
-3-
NC: 2024:KHC:6096
RSA No. 2211 of 2007
4. PRAKASH
SINCE DEAD REPRESENTED BY HIS LR
RESPONDENT NO.5
5. MANJUNATH
S/O LATE PRAKASH
MINOR
6. GOWRAMMA
W/O MANJUNATH
MAJOR
R/O KACHIGATTA VILLAGE
BANAVARA HOBLI
ARSIKERE TALUK
7. SHAKUNTHALA K H @ MANJULA
D/O HALASIDDAPPA
8. NETHRAVATHI K H @ KUM. DISOJA
D/O HALASIDDAPPA
RESPONDENT NO.7 AND 8 ARE
RESIDENTS OF KARIKATTEHALLI
CHATACHATNAHALLI/SINGANAHALLI
HASSAN DISTRICT
...RESPONDENTS
(BY SRI DAYANAND S PATIL, ADVOCATE FOR
R1, 2, 5 TO 9;
V/O DT. 27.11.08 OTHER RESPONDENTS ARE
TREATED AS LRS OF R3;
V/O DT. 19.12.2008, R5 IS TREATED AS LRS OF R4;
V/O DT. 20.01.2024, THE NAME OF R7 IS DELETED)
-4-
NC: 2024:KHC:6096
RSA No. 2211 of 2007
THIS R.S.A IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DTD 21.02.2007 PASSED IN
R.A.NO 50/02 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
& ADDL. CJM, ARASIKERE AND ETC.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
The matter was referred to the Mediation Centre and
the parties have settled the matter before the Mediation
Centre on 30.01.2024. In view of the settlement arrived
between the parties, the agreement has been reduced into
writing.
2. The parties are before the Court and they have
arrived at a settlement and a settlement agreement under
Section 89 of Code of Civil Procedure, 1908 read with
Sections 24 and 25 of Karnataka Civil Procedure
(Mediation) Rules, 2005 is also received from the
Karnataka Mediation Centre. The parties have also signed
the settlement agreement. They have also produced a
sketch along with the said agreement and in terms of the
sketch, the portion shown in yellow colour is given to the
NC: 2024:KHC:6096
respondent and the portion that is shown in blue colour,
the respondents have agreed to execute the sale deed in
favour of the appellants to the extent of 3 acres 36
guntas. The appellants who are in possession of the other
two acres of the land have agreed to deliver the
possession of the same in favour of the respondents.
3. The said agreement is accepted and the appeal
stands disposed of in terms of settlement.
Sd/-
JUDGE
SN/SS
