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Karnataka High Court
Sri E R B Nickam vs Smt N S Vishnupriya on 17 December, 2025
Author: V Srishananda
Bench: V Srishananda
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO.1216/2008 (DEC)
C/W
RFA CROSS OBJECTION NO.20/2009 (PAR)
IN RFA NO. 1216/2008
BETWEEN:
1. SRI E R B NICKAM
S/O LATE SRI. E.B.NIKKAM
AGED ABOUT 58 YEARS,
R/AT NO.6/1, (OLD NO.198),
7TH 'B' MAIN, 3RD BLOCK,
JAYANAGAR, BANGALORE-11.
2. SRI SANDEEP K NIKKAM
S/O SRI E.R.B.NIKKAM,
Digitally signed by AGED ABOUT 27 YEARS,
NANJUNDACHARI R/AT NO.6/1, (OLD NO.198),
Location: HIGH
COURT OF
7TH 'B' MAIN, 3RD BLOCK,
KARNATAKA JAYANAGAR, BANGALORE-11.
...APPELLANTS
(BY SRI.R.B. SADASIVAPPA, ADV.)
AND:
1. SMT. N S VISHNUPRIYA
W/O SRI P.K. HEMACHANRA RAO
AGED ABOUT 33 YEARS,
R/AT DOOR NO.4-776,
2ND MARATTA STREET,
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
GRAMSPET, CHITHOOR,
ANDHRAPRADESH-517001.
2. SMT. P M DEVIKARANI
W/O LATE SRI B.N.SEETHARAM
AGED ABOUT 56 YEARS,
R/AT DOOR NO.4-776,
2ND MARATTA STREET,
GRAMSPET, CHITHOOR
ANDRAPRADESH-517001.
SMT. RAJABAI NIKKAM
SINCE DECEASED BY HER
LEGAL REPRESENTATIVES
3. SMT. PREMA
W/O SRI H.V. NARAYANA RAO
MAJOR
R/AT 4TH 'A' CROSS,
CMBR LAYOUT (NEAR CHRUCH),
BANGALORE-517001.
4. SMT. JAYA
MAJOR
W/O NAGESHWARA RAO
R/AT NO.645, 24TH CROSS,
B.S. 2ND STAGE,
BANGALORE-567001.
5. SMT. DHANU
MAJOR
W/O SRI B.S.N.RAO
R/AT NO.12, 4TH CROSS,
SRIRAMPURAM
BANGALORE- 21.
6. SMT. GAYATHRI
D/O LATE E.B. NIKKAM
MAJOR
R/AT NO.645, 24TH CROSS,
BSK 2ND STAGE, BANGALORE.
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
7. V S BHAKTAVATSALAM
S/O LATE V.S.SRINIVASAN,
AGED ABOUT 62 YEARS,
R/AT NO.46, 'PADMALAYA'
1ST FLOOR, 4TH CROSS,
MALLESHWARAM,
BANGALORE-03.
8. SRI NAGENDRA SHETTY
S/O LATE N.R.L. SETTEE
AGED ABOUT 64 YEARS,
R/AT NO.4, 3RD CROSS,
CHAMARAJPET, BANGALORE-18.
...RESPONDENTS
(BY SRI.G.V. CHANDRASHEKAR, SR. COUNSEL FOR
SRI ABHINAY Y.T., ADV. A/W
MS. APEKSHA D., ADV. FOR R1 & R2
R5 SERVED AND UNREPRESENTED
R3 SERVED AND UNREPRESENTED
SRI B.A. NARENDRANATH, ADV. FOR R6
R7 SERVED AND UNREPRESENTED
SRI V.B. SHIVAKUMAR, ADV. FOR R8
V/O DATED 10.12.2013 NOTICE TO R4 D/W)
THIS RFA IS FILED U/S 96 OF CPC R/W O 41 R 1 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
30.07.2008 PASSED IN O.S. NO.8388/1998 ON THE FILE OF
THE XXII ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
IN RFA.CROB NO.20/2009
BETWEEN:
SMT. N S VISHNUPRIYA
W/O SRI P.K. HEMACHANDRA RAO
AGED ABOUT 33 YEARS
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
NO.4-776, 2ND MARATA STREET
GRAMPET, CHITTOR, AP.
...CROSS OBJECTOR
(BY SRI.G.V. CHANDRASHEKAR, SR. COUNSEL FOR
SRI ABHINAY Y.T. A/W MS. APEKSHA D., ADVS.)
AND:
1. SRI E R B NICKMAN
S/O LATE E B NICKAM
AGED ABOUT 59 YEARS
NO.6/1, (OLD NO.198)
7TH B MAIN, 3RD BLOCK
JAYANAGAR, BANGALORE-11.
2. SRI SANDEEP K NICKAM
S/O ERB NICKAM
AGED ABOUT 28 YEARS
NO.6/1, (OLD NO. 198)
7TH B MAIN, 3RD BLOCK
JAYANAGAR, BANGALORE-11.
3. SMT. P K DEVIKARANI
W/O LATE B N SEETHARAM
AGED ABOUT 57 YEARS
NO.4-776, 2ND MARATA STREET
GRAMPET, CHITTOR, AP.
4. SMT. RAJABAI NICKAM
SINCE DECEASED BY HER LRS
5. SMT. PREMA
W/O H V NARAYANA RAO
MAJOR,
4TH 'A' CROSS, OMBR LAYOUT,
(NEAR CHURCH) BANGALORE.
6. SMT. JAYA
W/O SRI NAGESWAR RAO
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
MAJOR
NO.645, 24TH CROSS,
BSK 2ND STAGE, BANGALORE.
7. SMT. DHANU
W/O SRI BSN RAO
MAJOR
12, 4TH CROSS, SRIRAMAPURAM
BANGALORE- 21.
8. SMT. GAYATHRI
D/O LATE E B NICKAM
MAJOR
NO.645, 24TH CROSS
BSK 2ND STAGE, BANGALORE.
9. SRI V S BHAKTAVATSALAM
S/O LATE V S SRINIVASAN
AGED ABOUT 63 YEARS
NO.46, PADMALAYA, 1ST FLOOR
4TH CROSS, MALLESWARAM,
BANGALORE-560003.
10. SRI NAGENDRA SHETTY
S/O LATE NRL SETTY
AGED ABOUT 65 YEARS
NO.4, 3RD CROSS,
CHAMARAJPET,
BANGALORE-560018
...RESPONDENTS
(BY SRI. R.B. SADASIVAPPA, ADV. FOR R1 & R2
R4 IS DEAD AS PER CAUSE TITLE
V/O DATED 04.9.2012 NOTICE TO R5 & R7 IS D/W
V/O DATED 05.04.2016 SERVICE OF
NOTICE TO R6 IS D/W
SRI. B.A. NARENDRANATH, ADV.
FOR R8 (VK NOT FILED)
V/O DATED 05.04.2016 SERVICE OF R9 IS H/S
SRI H.S. CHANDRASHEKAR, ADV. FOR R10)
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RFA No. 1216 of 2008
C/W RFA.CROB No. 20 of 2009
HC-KAR
THIS RFA.CROB IS FILED IN RFA NO.1216/2008 FILED
U/S 96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 30.07.2008 PASSED IN O.S.NO.8388/1998 ON THE
FILE OF THE XXII-ADDL. CITY CIVIL JUDGE, BANGALORE,
PARTLY DECREEING THE SUIT FOR PARTITION, DECLARATION
AND PERMANENT INJUNCTION.
THESE RFA AND RFA.CROB ARE COMING ON FOR
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Parties present with their respective counsels.
2. Respondents No.1 and 2 are represented by learned
senior counsel Sri.G.V.Chandrashekhar.
3. Parties present and joint memo signed by them and
their respective Advocates and yet another memo filed by
the first respondent signed by learned counsel for the first
respondent.
4. Contents of joint memo dated 17.12.2025 filed by
the parties and memo dated 17.12.2025 filed by the first
respondent are culled out hereunder for the sake of
clarity:
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JOINT MEMO
"The 2nd Appellant - Sandeep E Nikkam and
Respondent No.1 and 2 in
R.F.A.No.1216/2008 submit as follows:
(1) The 2nd Appellant and the 1st Respondent
submit that the matter in dispute is amicably
settled between them in the following manner at
the intervention of the Hon'ble Court and their
respective advocates and well-wishers.
(2) The 1st Respondent by name
Smt.N.S.Vishnupriya has agreed to receive a sum
of Rs.72,50,000/- (Rupees Seventy-Two Lakhs Fifty
Thousand) from the 2nd Appellant-Sandeep E
Nikkam and consequently withdraws her suit in
O.S.No.8388/1998 filed by her as the 1st Plaintiff
admits that she has no claim whatsoever against
the Appellants with respect to schedule 'B' property
to the plaint, i.e., property bearing Nos.6 and 6/1,
Old No.198 and 198/A, situated at 7th 'B' Main, 3rd
Block, Jayanagar, Bengaluru-560 011, measuring
East to West 60 ft. and North to South 40 ft. and
bounded on the;
East by :: House No.198/G
West by :: Road
North by :: Road
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South by :: House No.198/C
3) The 1st Respondent reports the receipt of
Rs.72,50,000/- (Rupees Seventy-Two Lakhs and
Fifty Thousand) from the 2nd Appellant -Sandeep E
Nikkam.
(a) Rs.25,00,000/- (Rupees Twenty-Five
Lakhs) by way of cheque bearing No.000218
dated 16.12.2025 drawn on Kotak Mahindra
Bank.
(b) Rs.25,00,000/- (Rupees Twenty-Five
Lakhs) by way of cheque bearing No.000219
dated 10.12.2025 drawn on Kotak Mahindra
Bank.
(c) Rs.22,50,000/- (Rupees Twenty-Two
Lakhs and Fifty Thousand) by way of cheque
bearing No.000223 dated 25.03.2026 drawn on
Kotak Mahindra Bank, (total amount is
Rs.72,50,000/- (Rupees Seventy-Two Lakhs and
Fifty Thousand)).
4) The 1st Respondent admits that she has no
manner of any right, title, interest or a share in the
schedule 'B' property and admits the 2nd Appellant
as the absolute owner of the schedule 'B' property.
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5) The documents produced by the plaintiff
before the trial Court shall be ordered to be
returned to the Appellant No.2.
6) Further, the 2nd Respondent submits that she
withdraws the RFA cross-objection No.20/2009 and
hence, the same may be dismissed as not pressed.
7) The parties, i.e., 2nd Appellant and the 1st
Respondent submit that on presentation, in the
event of the dishonour of the aforesaid any of the
cheques for want of funds or any other reason, the
suit in O.S.No.8388 of 1998 shall stand revived and
consequently, the Judgment and Decree dated
30.07.2008 passed by XXII ADDITIONAL CITY
CIVIL JUDGE, BANGALORE shall also stand revived.
This appeal i.e., RFA No.1216 of 2008 shall be
deemed to be dismissed. The 1st Respondent shall
be entitled to initiate Final Decree Proceedings and
seek enforcement of the above decree.
WHEREFORE, the parties to the above suit pray
that this Hon'ble Court be pleased to record the
above terms and permit the Plaintiff/1st Respondent
to withdraw the suit, subject to clause 7 of this
joint memo, in the interest of justice and equity."
Memo dated 17.12.2025 filed by 1st
respondent reads as follows:
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MEMO REPORTING SETTLEMENT
The 1st Respondent in the above appeal/Plaintiff in
the trial court submits that in view of the amicable
settlement between the Appellants and 1st
Respondent, the Plaintiff/1st Respondent prays that
this Hon'ble Court be pleased to permit the 1st
Respondent/Plaintiff to withdraw the suit filed by
her in O.S.No.8388/1998 on the file of the Hon'ble
22nd Additional City Civil Judge, Bengaluru by
admitting the correctness and legality of the 02 Gift
Deeds dated 21.02.1986 executed by her
grandmother by name Smt.Raja Bai Nikkam in
favour of her son by name Sri.E.R.B.Nikkam and
the grandson by name Sri.Sandeep E Nikkam and
the same may kindly be recorded, subject to the
Joint Memo filed today, in the interest of justice
and equity."
5. On enquiry with the parties, the parties submit that
settlement is voluntary and there is no undue influence or
coercion in reaching out terms of compromise. Further,
they unequivocally admit that the contents of joint memo
depicts two terms of settlement. As such, there is no
impediment for this Court to accept the joint memo and
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dispose of the appeal in terms of joint memo. Hence, the
following:
ORDER
(i) Appeal and Cross-objections stand disposed of
in terms of joint memo.
(ii) The office is directed to pass modified decree in
terms of joint memo, appending a copy of the joint memo
as part of the decree. Pursuant to the joint memo,
cheques bearing No.000218 dated 16.12.2025 for a sum
of Rs.25,00,000/- (Rupees Twenty Five Lakhs);
No.000219 dated 10.12.2025 for a sum of Rs.25,00,000/-
(Rupees Twenty Five Lakhs) and No.000223 dated
25.03.2026 for a sum of Rs.22,50,000/- (Rupees Twenty
Two Lakhs and Fifty Thousand), total sum of
Rs.72,50,000/- (Rupees Seventy Two Lakhs Fifty
Thousand only) drawn on Kotak Mahindra Bank are
handed over by the respondents to the appellants and the
same is acknowledged in the order sheet.
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(iii) The appellant No.2 and respondents are at
liberty to take back the original documents produced by
them placed before the Court by filing necessary
application.
(iv) In view of disposal of the appeal, all pending
applications do not survive for consideration and they are
consigned to records.
SD/-
(V SRISHANANDA)
JUDGE
MPK
CT:bms
List No.: 1 Sl No.: 37
