Karnataka High Court
Narayana vs Mr Rama on 10 June, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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RSA No. 770 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 770 OF 2021 (PAR)
BETWEEN:
1. NARAYANA
AGED ABOUT 61 YEARS
S/O LATE THIMMEGOWDA
@ THOTTAHIMMEGOWDA
RESIDING AT HUNDAVADI VILAGE
ANANDUR POST, YELWALA HOBLI
MYSURU TALUK AND DISTRICT-571 130.
...APPELLANT
(BY SRI. VICTOR MANOHARAN S., ADVOCATE)
AND:
1. MR. RAMA
AGED ABOUT 42 YEARS
S/O LATE SAVITHRI
Digitally signed
by DEVIKA M
Location: HIGH 2. MRS. KALA
COURT OF AGED ABOUT 32 YEARS
KARNATAKA W/O RAMALINGU
3. MR. PRASANNA
AGED ABOUT 27 YEARS
S/O LATE SAVITHRI
4. MR. PRABHA
AGED ABOUT 25 YEARS
S/O LATE SAVITHRI
RESPONDENTS NO.1 TO 4 ARE
RESIDING AT HUNDAVADI VILLAGE
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RSA No. 770 of 2021
ANANDUR POST
MYSURU TALUK AND
DISTRICT-571 130.
5. MRS. RATHNA
AGED ABOUT 47 YEARS
W/O RAMALINGU
REISIDING AT NO.542
1ST MAIN ROAD, 20TH CROSS
BASAVANAGUDI, BELWADI
MYSURU-571 186.
6. MRS. BHAGYA
AGED ABOUT 44 YEARS
W/O BOJEGOWDA
RESIDNG AT HUNDUVADI VILLAGE
ANANDUR POST,
MYSORE TALUK
MYSURU DISTRICT-571 130.
7. MRS. INDRA
AGED ABOUT 42 YEARS
W/O SWAMY
8. MRS. SAKU
AGED ABOUT 37 YEARS
W/O CHANDRASHEKARA
9. MRS. GEETHA
AGED ABOUT 32 YEARS
W/O MANJU
RESPONDENTS NO.7 TO 9 ARE
RESIDING NEAR MMK LODGE, KRS,
KRS POST, SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 438.
10. MRS. YASHODAMMA
AGED ABOUT 57 YEARS
W/O LATE T. THIMMEGOWDA
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RSA No. 770 of 2021
11. MRS. PUSHPA
AGED ABOUT 37 YEARS
W/O LATE T. RAMESH
12. KUM. BOOMIKA
AGED ABOUT 10 YEARS
D/O LATE T. RAMESH
13. MASTER GYANISH
AGED ABOUT 8 YEARSA
S/O LATE T. RAMESH
RESPONDENT NO.12 AND 13 ARE MINORS
REPRESENTED BY THEIR NEXT FRIEND AND
GUARDIAN AND MOTHER MRS. PUSHPA
THE RESPONDENT NO.11.
RESPONDENT NO.10 TO 13 ARE
RESIDING AT HUNDAVADI VILLAGE
ANANDUR POST, YELWALA HOBLI
MYSORE TALUK
MYSURU DISTRICT-571 130.
14. MRS. T. KALPANA
AGED ABOUT 37 YEARS
W/O SURESH
D/O LATE T. THIMMEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT-571 130.
15. MRS. T. MANJULA
AGED ABOUT 35 YEARS
W/O CHETAN
D/O LATE T. THIMMEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSORE DISTRICT-571 130.
16. MR. T. SATHISH
AGED ABOUT 33 YEARS
S/O LATE T. THIMMEGOWDA
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RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT-571 130.
17. MR. KRISHNEGOWDA
AGED ABOUT 47 YEARS
S/O LATE NARASEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT-571 130.
18. MRS. RADHA
AGED ABOUT 42 YEARS
W/O PRAKASH
RESIDING AT HEBBAL VILLAGE
HEBBAL HOBLI, K.R.NAGAR TALUK
MYSURU DISTRICT-571 130.
19. MRS. SUMATHI
AGED ABOUT 40 YEARS
W/O NAGANNA
D/O LATE NARASEGOWDA
REISIDNG AT KOORGALLI VILLAGE
YELWALA HOBLI, MYSURU TALUK
MYSURU DISTRICT-571 130.
20. MR. N. PRAKASH
AGED ABOUT 38 YEARS
S/O LATE NARASEGOWDA
RESIDINGAT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT571 130.
21. MR. T. RAMEGOWDA
AGED ABOUT 70 YEARS
S/O LATE THIMMEGOWDA
@ THOTTITHIMMEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT-571 130.
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SINCE DEAD BY HIS LRS
21(a)
MRS. JAYAMMA
AGED ABOUT 67 YEARS
W/O LATE T. RAMEGOWDA
21(b) MR.SURESH
AGED ABOUT 48 YEARS
S/O LATE T. RAMEGOWDA
21(c) MRS.SUMITHRA
AGED ABOUT 46 YEARS
D/O LATE T. RAMEGOWDA
21(d) MR. HARISH
AGED ABOUT 44 YEARS
S/O LATE T. RAMEGOWDA
21(a) TO 21(d) ARE
RESIDING AT HUNDUVADI VILLAGE,
ANANDUR POST, MYSURU TALUK,
MYSURU DISTRICT-571 130.
(AMENDED VIDE COURT ORDER DATED 27.01.2023)
22. MR. VENKATESHA
AGED ABOUT 47 YEARS
S/O LATSHELLEGOWDA
RESIDING AT KALLUR NAGANAHALLI
YELWALA HOBLI, MYSURU TALUK
MYSURU DISTRICT-571 130.
23. MR. MANJEGOWDA
AGED ABOUT 42 YEARS
S/O LATE SHELLEGOWDA
RESIDING AT KALLUR NAGANAHALLI
YELWALA HOBLI, MYSURU TALUK
MYSURU DISTRICT-571 130.
24. MRS. VASANTH
AGED ABOUT 37 YEARS
D/O GOVINDEGOWDA
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25. MRS. NETHRA
AGED ABOUT 32 YEARS
D/O GOVINDEGOWDA
26. MR. MAHESH
AGED ABOUT 22 YEARS
S/O GOVINDEGOWDA
RESPONDENTS NO.24 TO 26 ARE
RESIDING AT HOSKOTE VILLAGE
YELWALA HOBLI, MYSURU TALUK
MYSURU DISTRICT-571 130.
27. MR. NARASIMHESWAMY
AGED ABOUT 66 YEARS
S/O LATE THIMMEGOWDA @
THOTTATHIMMEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSURU DISTRICT-571 130.
28. MRS. NARASAMMA
AGED ABOUT 64 YEARS
W/O VENKATEGOWDA
D/O LATE THIMMEGOWDA @
THOTTITHIMMEGOWDA
RESIDING AT YADAHALLI
YELWALA HOBLI, MYSURU TALUK
MYSURU DISTRICT-571 130.
29. MR. T. BOJEGOWDA
AGED ABOUT 58 YEARS
S/O LATE THIMMEGOWDA @
THOTTATHIMMEGOWDA
RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSUR DISTRICT-571 130.
30. MRS. SANNAMMA W/O GOWDAIAH
D/O LATE THIMMEGOWDA
@ THOTTATHIMMEGOWDA
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RESIDING AT HUNDUVADI VILLAGE
ANANDUR POST, MYSURU TALUK
MYSUR DISTRICT-571 130.
31. MRS. R. SUMITHRA
AGED ABOUT 37 YEARS
D/O T. REMEGOWDA
W/O VENKATACHALA
RESIDING AT KYATHANAHALLI POST
PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
32. MRS. M.T.PUSHPAVATHI
W/O V. VALAKRISHNA
AGED ABOUT 57 YEARS
RESIDING AT KRISHNARAJA SAGARA
BEGAGOLA HOBLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 438.
33. MR. NARAYANA
AGED ABOUT 57 YEARS
S/O LATE K. NARASIMHEGOWDA
RESIDING AT NORTH BANK GRAMA
CHINKURALI HOBLI
PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
34. MR. SRINIVASA
AGED ABOUT 55 YEARS
S/O LATE K. NARASIMHEGOWDA
RESIDING AT NORTH BANK GRAMA
CHINKURLI HOBLI
PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
35. MRS. VARALAKSHMI
AGED ABOUT 50 YEARS
D/O LATE K. NARASIMHNEGOWDA
RESIDING AT HARAVI VILLAGE
KYATHANAHALLI HOBLI
PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
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36. MRS. VASANTHAKUMARI
AGED ABOUT 45 YEARS
D/O LATE K. NARASIMHEGOWDA
RESIDING AT GADIGANAHALLI VILLAGE
BOOKNAKERE HOBLI
K.R. PETE TALUK
MANDYA DISTRICT-571 426.
37. MRS. LATHA
AGED ABOUT 45 YEARS
D/O LATE K NARASIMHEGOWDA
W/O SHIVANNA
RESIDING AT NORTH BANK GRAMA
CHINKURALI HOBLI
PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
38. MRS. SUNANDA
AGED ABOUT 43 YEARS
D/O LATE K NARASIMEGOWDA
RESIDING AT D.NO.86,
Vth CROSS, SWARAN SANDRA
MANDYA DISTRICT-571 401.
39. MRS. SHASHIKALA
AGED ABOUT 37 YEARS
W/O RAVI KUMAR
40. KUM. BENAKASHREE
AGED ABOUT 14 YEARS
D/O RAVI KUMAR
REPRESENTED BY HER NEXT FRIEND
AND NATURAL GUARDIAN AND MOTHER
MRS. SHASHIKALA
RESPONDENTS NO.39 AND 40
RESIDING AT HOLALU GARAMA
MANDYA TALUK AND DISTRICT-571 401.
41. MRS. CHIKKATHIMMEGOWDA
AGED ABOUT 70 YEARS
S/O LATE KAMBEGOWDA
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RESIDING AT HALEUNDAVADI VILLAGE
YELWALA HOBLI
MYSURU TALUK-571 130.
(R31 TO R41 DELETED VIDE COURT ORDER
DATED 10.06.2024)p
...RESPONDENTS
(BY SRI B.S.NAGARAJ, ADVOCATE FOR R1 TO R11,
R14 TO R20, R21(a) TO R21(d), R22 TO R30
[R12 & R13 ARE MINORS REPRESENTED BY R11];
R31 TO R41 ARE DELETED VIDE
COURT ORDER DATED 10.06.2024)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.04.2021
PASSED IN R.A.NO.59/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 01.12.2018 PASSED IN O.S.NO.770/2010
ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE
AND CJM, MYSURU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant is the plaintiff, who is the eighth son of late
Thimmegowda, who had filed the suit for the relief of partition
and other respondents are defendants before the Trial Court.
Now, both the sons and daughters of said late Thimmegowda
have compromised the matter and accordingly, 'A' to 'K'
schedule properties are allotted in favour of the respective sons
and daughters and legal heirs of the deceased persons which is
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morefully described in the compromise petition and all the
parties and legal representatives of fifth daughter are also
present before the Court. The respective counsels have also
identified the parties. The parties have understood the terms
of the compromise and have accepted and signed the same
without any coercion or undue influence.
2. Hence, the compromise petition filed under Order
23 Rule 3 read with Section 151 of Code of Civil Procedure is
accepted and office is directed to draw the decree in terms of
the compromise entered into between the parties.
Accordingly, the regular second appeal is disposed of in
terms of the compromise petition.
Sd/-
JUDGE
ST
