Karnataka High Court
Narasimhaiah S/O Late Ugrappa vs Revanna S/O Ugrappa Alias Ugraiah on 9 September, 2024
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NC: 2024:KHC:36925
RSA No. 775 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 775 OF 2009(PAR)
BETWEEN:
NARASIMHAIAH,
S/O LATE UGRAPPA,
Age : 63 years,
R/OF DYAVALINGAIHNAPALYA,
BIDADI HOBLI,
RAMANAGARAM TALUK - 562101.
...APPELLANT
(BY SRI.GURUDATH.V.R., ADVOCATE)
AND:
1. REVANNA,
Digitally signed S/O UGRAPPA ALIAS UGRAIAH,
by YAMUNA K L
AGED ABOUT 50 YEARS,
Location: High
Court of R/OF DYAVALINGAIHNAPALYA,
Karnataka HEJJALA DAKALE, BIDAI HOBLI,
RAMANAGARAM TALUK - 562101.
2. UGRAPPA ALIAS UGRAIAH,
SINCE DEAD BY HIS LRS
2(a) SMT.MUNI NARASAMMA,
D/O LATE UGRAPPA ALIAS UGRAIAH,
AGED ABOUT 55 YEARS,
R/O GOPALA NAGARA,
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RSA No. 775 of 2009
KENGERI HOBLI,
BANGALORE SOUTH TALUK -560098
2(b) SMT REVAMMA,
D/O LATE UGRAPPA ALIAS UGRAIAH,
SINCE DEAD BY HER LRS
2(b (a) GARUDAPPA,
S/O R.RANGAIAH,
AGED 62 YEARS,
2(b (b) RANGASWAMY,
S/O GARUDAPPA,
AGED ABOUT 25 YEARS,
2(b (c) SMT. NAGAMMA,
D/O GARUDAPPA,
AGED ABOUT 25 YEARS,
2(b (d) SRI. RAJA
S/O GARUDAPPA,
AGED ABOUT 21 YEARS,
2(b (e) SRI. NAGESH,
S/O GARUDAPPA,
AGED ABOUT 23 YEARS,
2(b (f) ASWATH
S/O GARUDAPPA,
AGED ABOUT 19 YEARS,
(RESPONDENTS 1(b) (c) TO (b) f) ARE RESIDING AT
RANGENADODDANA DODDI, LAKSHMI NAGAR (PO),
MALLAKUMPANAHALLI DHAKALE, BIDADI HOBLI,
RAMANAGARAM TALUK)
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RSA No. 775 of 2009
2 (c) SMT. LAKKAMMA
D/O LATE UGRAPPA,
AGED ABOUT 40 YEARS.
2 (d) SMT. RANGAMMA
W/O RANGASWAMY,
D/O UGRAPPA,
AGED ABOUT 40 YEARS.
...RESPONDENTS
(BY SRI. T SRINIVASAN FOR R1., MANJUNATH
REDDY. K.G. FOR R2(D), SHIVAPRASAD
SHANTANAGOUDAR FOR R1, R2(A,C&D), R2(B)(C,D,E,F),
P.C.VINITHA FOR R1,R2(B), R2(C), R2(D), R.HEMANTH
RAJ FOR R2(C), SD FOR R2(B) (A), ADVOCATE, V/O
DATED 29.10.2010 APPEAL ABATES AS AGAINST
R2(B)(B))
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC TO SET ASIDE THE JUDGEMENT &
DECREE DATED 24.04.2009 PASSED BY THE LEARNED CIVIL
JUDGE (Sr.Dn.) AT RAMANAGARA IN R.A.NO.2/2009 ON HIS
FILE AND CONSEQUENTLY DISMISS THE APPEAL FILED BY THE
FIRST RESPONDENT AND CONFIRM JUDGEMENT AND DECREE
DATED 12.11.2008 PASSED BY THE CIVIL JUDGE (JR. DN.) AT
RAMANAGARA BY ALLOWING THIS APPEAL AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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RSA No. 775 of 2009
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The Appellant and respondents are present before
this Court. They are identified by their respective counsel.
They have filed memorandum of compromise petition.
The terms of the compromise petition reads as under:
1. Against the preliminary decree passed in O.S.
No.104/2004. The respondent/plaintiff herein has filed
R.A. No. 2/2009 before the Civil Judge (Sr.Dn) and
CJM, Ramanagar. Said appeal is allowed and thereby
granted half share in the suit schedule property to the
appellant and to others their respective shares.
Against the said judgment and decree of appellate
court in R.A.No.2/2009 defendant No.2 has filed the
second appeal in R.S.A No.775/2009. During the
pendency of the appeal parties have arrived for
settlement and this compromise petition is entered
into among the parties.
2. The suit schedule property is consists of Sy.No.146,
149, 150 of Bannikuppe Village, Ramanagara District,
measuring 4.00 acres each, in all 12.00 acres which
are abutting to each other. Factually the entire extent
is only 9 acres 35 guntas, therefore the plaintiff/
Respondents have agreed to give 4.16 guntas of land
to defendant No.2 /Appellant as mentioned in the
sketch to this compromise petition and the plaintiffs
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are giving up the mesne profit awarded by the
Appellate Court in their favor.
3. Appellant/ defendant No.2 has agreed to hand over
the vacant possession of remaining extent of 5.19
acres of land after harvesting the crop within 6 months
from the date of compromise and agreed to deliver the
vacant possession of the land free from encumber to
the respondents without dragging them to execution.
4. Appellant/defendant No.2 hereby declare that he
has no right, title or interest over 5.19 acres in
Sy.No.149, 150 of Bannikuppe Village, Ramanagara
District and he will have right title, interest only in
respect of 4.16 guntas shown in the sketch.
5. As per the terms of compromise the appellant will
continue as the owner of Sy.No. 146 of Bannikuppe
Village measuring 4.00 acres as absolute owner and
1st respondent is having right of way in said
Sy.No.146 which is specifically mentioned in the
sketch at S to C & R
6. Insofar as the land in Sy.No. 149 of Bannikuppe
village is concerned the appellant is entitle for 16
guntas to land out of 4.00 acres and also 12 guntas of
Kharab in which appellant has constructed dwelling
house. In the remaining extent of 3.12 acres, an
extent of 2.09 acres has fallen to the share of 1st
respondent and remaining 1.03 guntas are equally
shared by the sisters namely Muninarasamm (R.1(a)),
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Garudappa (R1(b)(a), Rangaswamy (R1(b)(b) ,
Nagamma (R1(b)(c) , Raja (R 1(b)(d), Nagesh
(R1(b)(e), Ashwath (R1(b)(f) the legal heirs of
deceased Revamma R1(b), Lakkamma-(R1(c) and
Rangamma-R1(d).
7. Insofar as Sy.No.150 of Bannikuppe village
measuring 1.37 guntas is equally shared among the
sisters namely Muninarasamm (R.1(a)),
Garudappa(R1(b)(a), Rangaswamy (R1(b)(b),
Nagamma (R1(b)(c), Raja (R 1(b)(d), Nagesh
(R1(b)(e), Ashwath (R1(b)(f) the legal heirs of
deceased Revamma R1(b), Lakkamma-(R1(c) and
Rangamma-R1(d).
8. Insofar as land and house property in Sy.No.153
measuring 20 feet x70 feet of Hejjala Village is fallen
to the share of Respondent No.1 Revanna.
9. Insofar as Sy.No. 162 of Bannikuppe Village
measuring 1.12 acres fallen to the share of
Respondent NO.1 Revanna and an extent of 4 guntas
in Sy.No. 59 of Seshagirihalli is also fallen to the share
of Respondent No.1/Revanna.
10. Insofar as land measuring 8 guntas in Sy.No. 66/5
of Hejjala Village are equally shared by the appellant
Narasimaiah and Respondent No.1/Revanna 4 guntas
each.
11. The above said shares are drawn willfully agreed
and accepted by both the parties and also it is
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specifically mentioned in the schedule below and
insofar as for the identification of their respective
shares and portions they have prepared the sketch
which is the part and parcel of this compromise
petition and also to avoid confusion.
12. The compromise petition is binding on all the
parties to this appeal and also to their legal heirs,
survivors, agents or anybody claiming through them.
SCHEDULE
Item No.1:
Sy.No.146 of Bannikuppe Village, totally measuring
4.00 acres. Out of which an extent of 201.2x 80.4
meters are fallen to the share of Appellant
Narasimaiah and a road is formed in an extent of 301
square meters which is used as a right of way by both
appellant Narasimaiah and respondent No.1 Revanna.
The said 4.00 acres of land are bounded on:
East by : Land belongs to Bhaskar
West by : Land belongs to Byata Venkatappa
North by :Land belongs to Bhaskar
South by : Land belong to Revanna
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ITEM NO.2
Sy.No.149 of Bannikuppe village totally measures 3.28
guntas which is partitioned among appellant and
respondents in the following way.
A-SCHEDULE
An extent of 16 guntas of land + 12 guntas of kharab
land have fallen to the share of Appellant Narasimaiah
which is bounded on
East by : Land belongs to Bhaskar
West by : Land belongs to Revanna
North by : Land belongs to Narasimaiah
South by : Land belongs to Rangamma
B-Schedule
An extent of 2.09 Acres out of 3.28 acres in Sy.No.149
of Bannikuppe Village is fallen to the share of
Respondent No.1 Revanna, which is bounded on:
East by : Land belongs to Narasimhaiah
West by : Land belongs o Byate venkatappa
North by : Land belongs to Narasimaiah
South by : Land belongs to Muninarasamma, Revamma,
Rangamma and Lakkamma
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C- Schedule
An extent of 1.03 acres out of 3.28 acres in sy. No.
149 of Bannikuppe Village is fallen to the share of
sisters in addition to Item No.3
ITEM NO.3
Sy.No. 150 of Bannikuppe village, totally measures
1.37 acres which has fallen to the share of sisters and
legal heirs of the sister Revamma, which is bounded
on:
West by : land belongs to Byate Venkatappa
North by : Land belongs to Revanna & remaining portion
South by : Land in Sy.No. 150/2, 150/3, 150/4, 150/5
ITEM No.4
Sy.No.162 of Bannikuppe Village measuring 1.12 acres
totally and the same has fallen to the share of
Respondent No.1 Revanna which is bounded on :
East by : Forest land
West by : Land belongs to Hakki Pikki Ramakrishna & Gala
Hanumaiah
North by : Revanna and Narasimaiah
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South by : Land belongs to writerappa and Tikam
ITEM NO.5
Sy.No. 59 of Seshagirihalli totally measures 0.4 guntas
and the same is fallen to the share of respondent No.1
Revanna, which is bounded on:
East by : Land belongs to Manjanna
West by : Land belongs to Dasappa
North by : Government land
South by : Land belongs to Dasappa
ITEM No.6
Sy.No.66/5 of Hejjala Village totally measures 0.08
guntas, which is shared equally between Appellant
Narasimaiah and Respondent No.1 Revanna which as
follows:
Schedule-A
An extent of 0.04 guntas of land out of 0.08 guntas of
Hejjala village has fallen to the share of appellant
Narasimaiah, which is bounded on:
East by : Gramathana and land belongs to Revanna
West by : Land belongs to Sanna Hanumaiah
North by : Land belongs to Revanna/ Hanumaiah
South by: Land belongs to Dasappa
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Schedule-B
An extent of 0.04 guntas of land out of 0.08 guntas
of Hejjala village has fallen to the share of
Respondent No.1 Revanna which is bounded on:
East by : land belongs to Sanna Hanumaiah
West by : Land belongs to Revanna
North by : Land belongs to Revanna
South by : Land belongs to Dasappa
ITEM No.7
Sy.No.99 of Bannikuppe village measuring 0.2
guntas was purchased by Narasimaiah from one
Byate Venkatappa and formed road which is now a
common right of way for both appellant and
respondent No.1 Revanna only which is bounded
on:
East by : Land belongs to Narasimaiah/Revanna
West by: Land belongs to Byate Venkatappa
North by : Land belongs to Byate Venkatappa
South by : Sarkari Halla
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ITEM NO.8
Sy.No.153 house property measuring 20feet x 70
feet situated at Hejjala village is fallen to the share
of Respondent No.1/Revanna which is bounded on:
East by : Government Land
West by : Manjamma's land
North by : Rajanna's land
South by : Chikkanarasima's land
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 accepted.
4. Accordingly, the appeal is disposed of in terms of
the compromise. Draw decree in terms of the
compromise.
Sd/-
(ASHOK S.KINAGI)
JUDGE
