Karnataka High Court
Adilakshmamma vs Smt Lakshmamma on 6 March, 2024
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NC: 2024:KHC:9446
RSA No. 891 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 891 OF 2013 (PAR)
BETWEEN:
ADILAKSHMAMMA
W/O PAPANNA
AGED ABOUT 34 YEARS
R/AT CHARAKAMATTENAHALLI VILLAGE
THONDEBHAVI HOBLI
GOWRIBIDANUR TALUK.
...APPELLANT
(BY SRI. CHANDAN B.K., ADVOCATE)
AND:
1. SMT LAKSHMAMMA
SINCE DECEASED REP. LR'S
(a) SMT. AKKAYYAMMA
D/O LATE CHINNAPPA
W/O GANGADHARAPPA
Digitally signed AGED ABOUT 35 YEARS
by R DEEPA R/AT GUNGIRLAHALLI VILLAGE
Location: BALAKUNTAHALLI HOBLI
HIGH COURT CIKKABALLAPURA-561 211.
OF
KARNATAKA
(b) SMT. BHAGYAMMA
D/O LATE CHINNAPPA
W/O RANGADHAMAPPA
AGED ABOUNT 33 YEARS
R/AT BALERLAHALLI VILLAGE
KALLINAIKANAHLLI HOBLI
CHIKKABALLAPURA-561213.
(c) SMT. PRAMILAMMA
D/O LATE CHINNAPPA
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RSA No. 891 of 2013
W/O KRISHNAMURTHY
AGED ABOUT 30 YEARS
R/AT BD PURA POST
KORATAGERE TALUK
TUMAKURU DISTRICT-572121.
(d) MANJUNATHA C
S/O LATE CHINNAPPA
AGED ABOUT 30 YEARS
R/AT CHARAKAMATTENAHALLI VILLAGE
THONDEBHAVI HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPURA-561213.
(e) CHANDRASHEKHAR C
S/O LATE CHINNAPPA
AGED ABOUT 25 YEARS
R/AT #04, CHARAKAMATTENAHALLI
THONDEBHAVI
CHIKKABALLAPURA- 561213.
2. SRI PAPANNA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 36 YEARS
R/AT CHARAKAMATTENAHALLI VILLAGE
THONDEBHAVI HOBLI
GOWRIBIDANUR TALUK-561208.
3. SRI CHIKKAMALLAPPA
S/O MALLAIAH
AGED ABOUT 61 YEARS
RESIDING AT KAMAGANAHALLI
MAZARA, GUNTHAMADAGU VILLAGE
HOSSUR HOBLI
GOWRIBIDANUR TALUK-561208.
...RESPONDENTS
(BY SMT. PRATHUSHA., ADVOCATE FOR R1(a) TO (e);
SRI. BASAVARAJ, ADVOCATE FOR R2;
APPEAL IS DISMISSED AGAINST R3
V/O DATED: 06.03.2024)
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RSA No. 891 of 2013
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DATED:22.1.2013
PASSED IN R.A.NO.158/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE & CJM, SITTING AT GOWRIBIDANUR,
DISMISSING THE APPEAL AND UPHOLDING THE JUDGEMENT
AND DECREE DATED 19.7.2011 PASSED IN OS.NO.239/2007
THE FILE OF THE PRL. CIVIL JUDGE & JMFC., GAURIBIDANUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants and respondent Nos.1 and 2 are present
before the Court. The parties are identified by their
respective learned counsel. They have filed memorandum
of compromise petition. The terms of the compromise
petition reads as under:
The Appellant and Respondent Nos. 1(a) to
1(e) and Respondent No.2 pray to submit as
follows:-
1. The Above appeal has been filed y the
Appellant impugning the judgment and decree
dated: 22.01.2023 passed in R.A. No. 158/2011 by
the Learned Senior Civil Judge, Gowribidanur,
insofar as it affirms the judgment and decree dated:
19.07.2011 passed in O.S. No. 239/2007 by the
Learned Principal Civil Judge and JMFC,
Gowribidianur, in respect of suit Item No. 2 of the
suit schedule properties.
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2. Respondent No. 1 is the late sister of
Respondent No. 2. The Appellant is the wife of
Respondent No. 2. Respondent No. 1(a) to 1(e) are
the children of Respondent No. 1 and her only legal
representatives.
3. Respondent No. 1 in the above appeal
during her lifetime, preferred O.S. No. 239/2007 on
the file of the Learned Principal Civil Judge and
JMFC. Gowribidianur, in respect of two properties -
Item No. 1 being the land bearing Sy. No. 159,
totally measuring 6 acres 06 guntas, out of which 3
acres 06 guntas, situated at Kamaganahally Village,
Hossur Hobli, Gowribidianur Taluk; and
Item No. 2 being the land bearing Sy. No. 84, totally
measuring 5 acres 04 guntas, out of which 2 acres
18 guntas, situated at Charkamattenahally Village,
Thondebhavi Hobli, Gowribidianur Taluk.
4. Vide judgment and decree dated
19.07.2011, O.S. No. 239/2007 came to be
dismissed in respect of Item No. 1 of the suit
schedule properties and partly decreed in respect of
Item No. 2 of the suit schedule properties by
granting Respondent No. 1 one-half share in respect
thereof.
5. Vide judgment and decree dated
22.01.2023, R.A. No. 158/2011 preferred by the
Appellant came to be dismissed.
6. Being aggrieved only by the partial
decree passed in favour of Respondent No. 1 in
respect of Item No. 2 of the suit schedule
properties, the above appeal came to be preferred
The finding of the trial court and the first appellate
court, not having been challenged by Respondent
No. 1, has attained finality. Respondent No. 3 being
the purchaser of Item No. 1 of the suit schedule
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properties is only a formal party in the above appeal
and is unconnected to Item No. 2 of the suit
schedule properties. Respondent No. 3 has,
therefore, not been made a party to the present
petition.
7. The Appellant, Respondent Nos. 1(a) to
1(e) and Respondent No. 2 have agreed to settle
the various disputes pending against them and a
compromise decree dated 22.06.2023 came to be
passed in O.S. No. 93/2012 by the Learned Principal
Civil Judge and JMFC, Gowribidianur, by which
Respondent Nos. 1(a) to (e) herein have received
Rs. 15,00,000/- from Respondent No. 2 and, in
return, have agreed to execute sale deed in favour
of Respondent No. 2 in respect of the land bearing
Sy. No. 16/1, totally measuring 3 acres 12 guntas,
out of which 1 acre 26 guntas, situated in
Charakanattehalli Village, Tondebavi Hobli,
Gowribidianur Taluk, Chikkaballapura District.
8. The Appellant, Respondent Nos. 1(a) to
1(e) and Respondent No. 2 have further agreed that
the Respondent Nos. 1(a) to 1 (e) shall relinquish
the entirety of their claim in and to item No. 2 of the
suit schedule properties which is morefully described
in the Schedule hereto and is hereinafter described
as the "SCHEDULE PROPERTY", in favour of the
Appellant on the following terms-
(i) Respondent dent Nos. 1(a), 1(b), 1(c),
19(d). and 1(e) hereby unconditionally confirm
the Settlement Deed dated 19.03.1993 bearing
Document No. 2172/1992-93 registered in the
Office of the Sub-Registrar: Gowribidianur, executed
by Respondent No. 2 in favour of the Appellant in
respect of the Schedule Property;
(ii) Respondent Nos. 1(a), 1(b), 1(c), 19(d),
and 1(e) hereby confirm the Appellant as the
absolute owner in peaceful possession and
enjoyment of the Schedule Property with full powers
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over the Schedule Property, including the power of
disposal of the same;
(iii) Respondent Nos. 1(a), 1(b), 1(c), 19(d),
and 1(e) hereby relinquish any and all manner of
claim, right, title, and/ or interest in the Schedule
Property and undertake not to interfere with the
Appellant's ownership, possession, and enjoyment
of the same:
(iv) Respondent Nos. 1(a), 1(b), 1(c), 19(d),
and 1(e) agree to do all things and acts necessary
to give complete effect to this compromise and to
cooperate with the Appellant fully in this regard
9. This compromise is entered into
between the parties hereto from their own will and
volition and the parties hereto have read over the
terms of the petition and consent to the same by
affixing their signatures hereto.
WHEREFORE, it is prayed that this Hon'ble
Court be pleased to decree the above appeal in
terms of the present compromise petition, in the
interests of justice and equity.
SCHEDULE
The land bearing Sy. No. 84, totally measuring
5 acres 04 guntas, out of which 2 acres 18 guntas,
situated at Charkamattenahally Village,
Thondebhavi Hobli, Gowribidianur Taluk, and
bounded on the -
EAST BY: Sy. No. 85 land
WEST BY: Adilakshmamma's land
NORTH BY: Papanna's land
SOUTH BY: Sy. No. 83 land
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2. The contents of the compromise petition is read
over to them in the language known to them. They have
understood and accepted the terms and conditions of the
compromise petition.
3. The compromise petition is placed on record.
4. Accordingly, the appeal is disposed of in terms
of the compromise. Draw decree accordingly.
Sd/-
JUDGE
SKS
