Karnataka High Court
B.C. Krishnappa vs Sri. B.C. Mailaraiah on 14 November, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:46413
RFA No. 690 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 690 OF 2019 (PAR-)
BETWEEN:
B. C. KRISHNAPPA
S/O LATE CHANNAPPA,
AGED ABOUT 65 YEARS,
(SINCE DECEASED BY HIS LRS)
1. SMT. B. K. MANJULA
W/O SRINIVAS,
D/O B. C. KRISHNAPPA,
AGED ABOUT 42 YEARS,
2. SRI. B. K. SUBRAMANI
S/O B. C. KRISHNAPPA,
AGED ABOUT 33 YEARS,
Digitally signed by
VEDAVATHI A K
Location: High 3. SMT. B. K. JAYAMALA
Court of
Karnataka W/O KRISHNAMURTHY,
D/O B. C. KRISHNAPPA,
SINCE DEAD BY LRS:
3(a) M. KRISHNA MURTHY
S/O. LATE MUNISWAMY,
AGED ABOUT 54 YEARS,
NO.1385, SANJAY NAGAR,
KODIGEHALLI, BANGALORE - 560 094.
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RFA No. 690 of 2019
3(b) SRIVIDYA K
D/O M. KRISHNAMURTHY
AGED ABOUT 19 YEARS,
R/AT NO.27, 8TH CROSS,
15TH MAIN, BADRAPPA LAYOUT,
MARUTHI NAGAR, SANJAY NAGAR POST,
BANGALORE - 560 094.
SRI. VASUDEV
S/O LATE CHANNAPPA
SINCE DECEASED BY HIS LRS
4. SMT. LAKSHMAMMA
W/O LATE VASUDEV,
AGED ABOUT 58 YEARS,
5. SMT. B. V. NAGARATHNA
D/O LATE VASUDEV,
AGED ABOUT 33 YEARS,
6. SRI. B. V. RAJU
S/O LATE VASUDEV,
AGED ABOUT 38 YEARS,
APPELLANTS 4 TO 6 ARE R/AT NO.265,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU - 560 003.
7. SRI. GURUSIDDAIAH
S/O LATE CHANNAPPA,
AGED ABOUT 53 YEARS,
R/AT NO.265, 18TH CROSS,
SAMPIGE ROAD, MALLESHWARAM,
BANGALORE - 560 003.
8. SRI. A. NAGARAJU
S/O LATE ASHWATHANARAYANA
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RFA No. 690 of 2019
AGED ABOUT 53 YEARS,
R/AT NO.266, 13TH CROSS,
MALLESHWARAM, BANGALORE - 560 003.
...APPELLANTS
(BY SRI. USMAN P., ADVOCATE)
AND:
SRI. B.C. MAILARAIAH
S/O LATE CHANNAPPA,
SINCE DECEASED BY HIS LRS
1. SMT. NAGARATHRASAMMA,
W/O VENKATARAJU, MAJOR
R/AT NO.816, SHANKARAPURAM,
KADUGODI, BANGALORE.
2. SRI. B. M. SHAKUNTALA
W/O RAMU, MAJOR
PRIEST IN GANGAMMA GUDI,
SIDLAGHATTA TOWN,
CHIKKABALLAPURA DISTRICT.
3. SMT. B. M. SHYLAJA
W/O HANUMANTHAIAH,
MAJOR,
R/AT ANCHANAHALLI VILLAGE,
BIDARAHALLI HOBLI,
BOODIGERE CROSS,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT.
4. SMT. NARASAMMA
W/O LATE B. C. MAILARAIAH,
SINCE DECEASED REPRESENTED BY LRS R1, 3 AND
RESPONDENT NO.5 AND 6.
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RFA No. 690 of 2019
5. SRI. B. M. NARENDRA BABU
S/O LATE B. C. MAILARAIAH,
AGED ABOUT 27 YEARS,
6. SRI. B. M. MANJUNATHA
S/O LATE B. C. MAILARAIAH,
AGED ABOUT 27 YEARS,
DEFENDANT NO'S.2 TO 4 ARE R/AT NO.183
2ND MAIN ROAD, BIDADI TOWN,
RAMANAGARA DISTRICT.
7. THE CHAIRMAN AND THE MANAGING
BANGALORE ELECTRICAL SUPPLY
CORPORATION (BESCOM)
K R CIRCLE, BANGALORE.
8. THE ASSISTANT EXECUTIVE ENGINEER,
C-2 SUB DIVISION,
BESCOM, 13TH CROSS,
MALLESHWARAM,
BANGALORE - 03.
9. THE JUNIOR ENGINEER
C-2 SUB DIVISION,
O AND M UNIT-5,
BESCOM, 13TH CROSS,
MALLESHWARAM,
BANGALORE - 03.
10. SRI. ANTHONY PROPRIETOR
M/S. ALICE JEWELLERS DISPENSARY ROAD,
SHIVAJINAGAR, BANGALORE.
ALSO SHOWROOM AT NO.265,
8TH CROSS, SAMPIGE ROAD,
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RFA No. 690 of 2019
MALLESHWARAM,
BANGALORE - 560 003.
11. SRI. SHIVAIAH
S/O LATE GUNDAPPA,
AGED ABOUT 38 YEARS,
R/A K. JANATHA COLONY,
BIDADI,
RAMANAGARA TALUK AND DISTRICT.
12. SRI. MUNIRAJU
S/O LATE PAPANNA,
AGED ABOUT 32 YEARS,
R/A JANATHA COLONY,
BIDADI,
RAMANAGARA TALUK AND DISTRICT.
13. SRI. CHIKKASWAMY
S/O SETHAPPA,
AGED ABOUT 46 YEARS,
R/A LAKSHMIPURA VILLAGE,
KOTTAGALU HOBLI,
RAMANAGARA TALUK AND DISTRICT.
14. SRI. ANAND
S/O LATE BORAIAH,
AGED ABOUT 41 YEARS,
R/A JANATHA COLONY, BIDADI,
RAMANAGARA TALUK AND DISTRICT.
15. SRI. MANJU KAVOR
W/O K. RAMESH CHAND,
AGED ABOUT 43 YEARS,
R/A NO.501, 2ND CROSS,
2ND BLOCK, 1ST STAGE,
BANASHANKARI,
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RFA No. 690 of 2019
HANUMANTHANAGAR,
BANGALORE - 50.
16. SRI. NANJU
S/O LATE NANJUNDAPPA,
AGED ABOUT 40 YEARS,
R/A KALLUGOPANAHALLI,
(HULTHER HOSADODDI),
BIDADI POST,
RAMANAGARA TALUK AND DISTRICT.
17. SMT. SHANTHAMMA
W/O VENKATESH,
AGED ABOUT 45 YEARS,
R/AT 86/55, 17TH MAIN,
BSK I STAGE,
BANGALORE - 560 050.
RESPONDENTS
(BY SRI. ABHINAY Y.T., ADVOCATE FOR R1 TO R6;
VIDE ORDER DATED:5/11/24, R7 TO R16 ARE DELETED;
VIDE ORDER DATED:7/11/24, R17 IS DELETED)
THIS RFA IS FILED UNDER SEC.96 OF CPC.,1908
AGAINST THE JUDGMENT AND DECREE DATED 31.01.2019
PASSED IN OS NO.9521/2006 ON THE FILE OF THE IX
ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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RFA No. 690 of 2019
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
This appeal is filed by appellant-plaintiffs under Section
96 of CPC for setting aside the judgment dated 31.01.2019
passed by the IX Additional City Civil and Sessions Judge,
Bengaluru for dismissing the suit in O.S. No.9521/2006 filed for
partition and separate possession in respect of suit schedule
properties.
2.The appellants are the plaintiffs and the respondents
are the defendants before the trial Court. The rank of the
parties before the trial Court is retained for the sake of
convenience.
3. During the pendency of this appeal, learned counsel
for both parties have filed joint compromise application in I.A.
No.5/2024 under Order XXIII Rule 3 of CPC. The terms of
compromise read as under:
1. This appeal was filed challenging the judgment
and decree dated 31st of January 2019 passed in OS
No. 9521 of 2006 on the file of the IX Additional City
Civil and Sessions Judge at Bengaluru.
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2. Subsequent to filing the above appeal, the parties
have amicably settled the dispute inter-se between
them.
3. The suit for partition was filed in respect of the
following properties viz., Schedule 'A' property was a
residential property situated at 18th Cross, Sampige
Road, Malleshwaram, Bengaluru and Schedule B
Properties consisted of: (a) Land in Survey No.
159/3 measuring to an extent of 01 Acre, 12 guntas
situated at Kenchanguppe Village, Bidadi Hobli,
Ramnagar District; (b) Land in Survey No. 159/2
measuring to an extent of 01 Acre at Kenchanguppe
Village, Bidadi Hobli, Ramnagar District; (c) Land in
Survey No. 66/2 measuring to an extent of 31
guntas Kenchanguppe Village, Bidadi Hobli,
Ramnagar District; (d) Land in Survey No. 66/2
measuring to an extent of 31 guntas of
Kenchanguppe Village, Bidadi Hobli, Ramnagar
District and (e) House property bearing No. 174/183
of Bidadi Town, Ramnagar District.
4. It is hereby agreed that A Schedule Property is the
property, which belonged to Yellamma was gifted in
favour of the 1st defendant BC Mailaraiah @
Mylaraiah BC on 16.5.1968. The parties hereby
agree that the gift deed dated 16.5.1968 is valid and
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binding on everyone. The appellants have no right
title or interest over A Schedule Property. The 1st
defendant BC Mailaraiah @ Mylaraiah BC died during
the pendency of the suit. The Respondent no. 1 to 3
(i.e., the daughters of BC Mailaraiah @ Mylaraiah
BC) have given up their share in A Schedule
Property; The A Schedule property shall be the
exclusive and absolute property of Respondent no. 5
BM Narendra Babu and Respondent no. 6 BM
Manjunath and accordingly allotted to their share
exclusively.
5. The respondent 1 to 3, 5 and 6 have no have no
right, title or interest over any other properties of
Yellamma, (owned by appellants at present) except
A Schedule Property.
6. It is hereby agreed that item No. (a) of B
Schedule Properties l.e., Survey number 159/3 (1
acre 12 guntas) of Kenchanguppe, Bidadi Hobli, was
the self-acquired property of 1st defendant BC
Mailaraiah @ Mylaraiah BC. The Appellants hereby
agree that they have no right, title or interest over
item No.(a) of Schedule B Property.
7. It is hereby agreed that item No. (b) of Suit B
Schedule Properties i.e., Survey number 159/2 (1
acre) of Kenchanguppe, Bidadi Hobli, was also the
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self-acquired property of 1st defendant BC Mailaraiah
@ Mylaraiah BC. The Appellants hereby agree that
they have no right, title or interest over this
property.
8. It is submitted in item no. (b) of B Schedule
Property; a residential layout is formed and sites
carved therein have been sold to third parties
including few of the deleted respondents. It is hereby
agreed that all the transactions made in respect of
item no. (b) of B Schedule Properties shall be binding
on the Appellants and respondents. The Appellants
and Respondents hereby admit and ratify all the
alienations made in respect of item no. Properties.
(b) of B Schedule
9. It is hereby agreed that item No. (c) of B Schedule
Properties i.e., Survey No. 66/2 situated at
Kenchanguppe, Bidadi Hobli, Ramnagara District is
totally measuring to an extent of 31 guntas. Out of
this extent, an area of 15 guntas was sold under a
registered Sale Deed dated 13.8.2001. The parties
hereby agree and ratify the sale deed dated
13.8.2001 executed in favour of deceased 1st
defendant B C Mailaraiah and his wife.
10. The remaining extent of 16 guntas in Survey
No.66/2, is divided amongst the parties in the
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following manner as per the sketch annexed to this
compromise as under:
A. An extent of 3 guntas (Shown in colour Green and
Demarked as (AA) in the sketch) is reserved for
common burial ground for all the members of the
family of Channaiah and Lingamma. This property is
now more fully described in the Schedule 'C'
hereunder written and hereinafter referred to as
Schedule 'C' property and shall not be alienated or
circumstances. partitioned under any
B. An extent of 7 guntas (Shown in colour- Yellow
and demarcated as (AB) in the sketch) is hereby
allotted to the share of the (i) Appellant No.2 - B. K.
Subramani, (ii) Appellant No.6 B.V. Raju (also known
as Nagaraju), (iii) Appellant No.7 Gurusiddaiah and
(iv) Appellant No.8-A. Nagaraju jointly. This property
is now morefully described in the Schedule 'D'
hereunder and hereinafter referred to as Schedule 'D'
Property. The Appellants 1, namely B.K. Manjula,
Appellant No.3 (a) and 3(b) namely Sri Krishna
namely Smt. Lakshmamma and Smt. B. V.
Nagarathna respectively and the Respondents have
no right, title or interest over the Schedule D
Property and they hereby relinquish all their right,
title and interest thereon absolutely and forever.
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C. The remaining portion to an extent of 06 guntas
(Shown in colour- Blue and demarked as (AC) in the
sketch) is allotted jointly to the share of the 5th
respondent B M Narendra Babu and the 6th
respondent B M Manjunatha. The said property is
more fully described in the Schedule "E" hereunder
written and hereinafter referred to as Schedule 'E'
property The Appellants as well as Respondent No.1
to 4 namely Smt Nagarathrana, Smt.
B.M.Shakunthala, Smt. Shylaja respectively have no
right, title or interest over the Schedule E Property,
and they hereby relinquish all their right, title and
interest thereon absolutely and forever.
11. It is hereby agreed that item no. (d) of the Suit
Schedule B Property is deleted as the same is
repetition of item no. (c) of the Suit Schedule B
Property.
12. It is hereby agreed that item No. (e) of Schedule
'B' property i.e., the House property which is more
fully described in the Schedule F hereunder written
and hereinafter referred to as Schedule F Property
(originally described as Item (e) of Schedule B of the
plaint is allotted to the share of the (i) Appellant
No.2 B. K. Subramani; (ii) Appellant No.6 B.V. Raju
(also known as Nagaraju), (iii) Appellant No.7
Gurusiddaiah and (iv) Appellant No.8 A. Nagaraju
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jointly. This property is now more fully described in
the Schedule "F" hereunder written and hereinafter
referred to as Schedule 'F' Property. The Appellants 1
namely B.K. Manjula, Appellant No.3 (a) and 3(b)
namely Sri Krishna Murthy and Smt. Srividya
Appellant No.4 and 5 namely Smt. Lakshmamma and
Smt. B. V. Nagarathna respectively as well as the
Respondents have no right, title or interest over the
Schedule D Property and they hereby relinquish all
their right, title and interest thereon absolutely and
forever.
13. The respondents shall hand over vacant
possession of the Schedule "F" Property to the (i)
Appellant No.2 (ii) Appellant No.6 (iii) Appellant
No.7, and (iv) Appellant No.8 jointly within a period
of 09 (nine) months from the date of this
compromise failing which Appellants No.2,6,7 and 8
shall be entitled recover possession thereof by
executing this compromise decree.
14. The respondents shall discharge all dues,
liabilities in respect of Schedule "D" and "F"
properties and assure that the Schedule "D" and "F"
properties allotted to the share of the Appellant No.2
namely Sri. B. K. Subramani, (II) Appellant No.6
namely Sri. B.V. Raju (Nagaraju), (iii) Appellant
No.7, namely Sri. Gurusiddaiah and (iv) Appellant
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No.8 namely Sri. A. Nagaraju jointly are free from all
encumbrances, attachments, litigations etc.,
15. The parties are entitled to get the revenue
entries changed in their respective favour over the
property. The are entitled to get the revenue entries
mutated in their favour in respect of Schedule
properties allotted to their respective shares under
this compromise decree.
16. The parties hereby categorically state that they
have no claim against each other. The parties have
accordingly settled their dispute and entered into this
compromise on their own volition, free will without
any force, fraud, misrepresentation of facts, undue
influence of whatsoever nature.
A SCHEDULE PROPERTY
(Property is allotted to B M Narendra Babu -
Respondent No.5 and BM Manjunath-Respondent no. 6) All that
is piece and parcel of property bearing No. 265 (PID NO. 5-4-
265) situated at 2nd Main Road, 18th cross, Sampige Road,
Malleswaram, Bangalore 560003 and measuring East to West
31 feet, North to South 41.9 feet together with four floors
commercial complex, situated at bounded on:
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East by : Sampige Road
West by : Appellant 2 property
North by : Common Passage and Appellant 8 property
South by : M N Swamy building
B SCHEDULE PROPERTY
(Self-acquired property of BC Mailaraiah @ Mylaraiah
BC 1st Defendant and father of Respondent 1 to 3, 5 and 6)
(now alloted to share of respondent nos-BM Narendra Babu and
R6: B M Manjunath)
(a) All that is piece and parcel of land property bearing Survey
number 159/3 situated at Kenchanguppe, Bidadi Hobli,
Ramnagara District measuring 1 Acre 12 guntas, bounded on:
East by : Remaining land of 159/3
West by : G.D Ramakrishna's land
North by : Thimmarayappa's land
South by : B.C Mallamma's land
(b) All that is piece and parcel of land bearing Survey number
159/2 situated at Kenchanguppe, Bidadi Hobli, Ramnagara
District measuring 1 acre bounded on:
East by : Kanchanaguppe colony
West by : B.N. Nagaraja's land
North by: Shivashankarappa's land
South by: Kondaiah's land
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C SCHEDULE PROPERTY
(Reserved as burial ground belongs to Chanaiah and Lingamma
Family members)
All that is piece and parcel of property bearing no. 66/6
(Formerly part of Sy. No 66/2) situated at Kenchanguppe,
Bidadi Hobli, Ramnagara District measuring 3 guntas (Shown in
colour Green and Demarked as (AA) in the sketch) and
bounded on
East by : Muttalakshmamma property
West by : D and E Schedule Properties
North by : Muttalakshmamma property
South by : Muttalakshmamma property
D SCHEDULE PROPERTY
(Property allotted jointly to B.K. Subramani (Appellant 2), B.V.
Raju alias B.V.Nagaraju (Appellant 6), Gurusiddaiah (Appellant
7) and A.Nagaraju (Appellant 8))
All that is piece and parcel of property bearing Survey
number 66/6 (Formerly part of Sy. No 66/2) measuring 7
guntas of Kenchanguppe Village, Bidadi Hobli and bounded on
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East by : Common burial ground
West by : Vijay Kumar property
North by: Muttalakshmamma property
South by: E Schedule Property
E SCHEDULE PROPERTY
(Property is allotted to B M Narendra Babu Respondent no. 5
and BM Manjunath Respondent no. 6)
All that is piece and parcel of property bearing no. Survey
number 66/6 (Formerly part of Sy. No 66/2) measuring 6
guntas of Kenchanguppe Village, Bidadi Hobli and bounded on:
East by : Common burial ground
West by : Vijay Kumar property
North by: D Schedule Property
South by: Muttalakshmamma property
F SCHEDULE PROPERTY
Property allotted jointly to B.K. Subramani (Appellant 2), B.V.
Raju alias B.V. Nagaraju (Appellant 6), Gurusiddaiah (Appellant
7) and A. Nagaraju (Appellant 8))
All that is piece and parcel of House property bearing no.
174/183 measuring 24 'X 108 'of Bidadi Hobli and bounded on
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East by : Marakka's House
West by : BN Gundappa's House
North by : Conservancy
South by : Road
Appellant No.1 is represented by appellant No.2-B.K.
Subramani and appellant Nos.4 and 5 represented by appellant
No.6 and they are present before the Court. Appellant
Nos.3(a) and 3(b), appellant Nos.7 and 8 are also present
along with their Counsel.
The legal representatives of respondent Nos.1 to 3, 5 and
6 are all present before the Court.
The terms of the compromise are read out to the parties
in the presence of the learned counsels. The same is in
accordance with law.
In view of the compromise, the following order is passed:
(i) The appeal stands dispose of.
(ii) Office is directed to draw the decree accordingly.
(iii) The learned counsel for the parties are permitted to
produce 15 colours of copies of sketch which is part of the
decree.
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(iv) The colour copies of the sketch shall be supplied to
both the parties along with the decree.
(v) Pending I.As., if any, stand disposed of.
Sd/-
(K.NATARAJAN)
JUDGE
CS
CT:SK
