Karnataka High Court
Sri. B. A. Jayaram vs Sri. B.A. Chermana on 31 January, 2025
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2025:KHC:4599
RSA No. 1157 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR SECOND APPEAL NO. 1157 OF 2019 (PAR)
BETWEEN:
1. SRI. B. A. JAYARAM,
S/O. LATE B. B. APPAIAH,
AGED ABOUT 53 YEARS,
OCC: AGRICULTURE,
R/AT NARIYANDADA VILLAGE,
CHEYYANDANE POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 212.
2. SMT. B. A. MEENAKSHI,
D/O. LATE B. B. APPAIAH,
W/O. SRI. C. C. DEVAIAH,
AGED ABOUT 63 YEARS,
OCC: HOUSE WIFE,
Digitally R/AT CHETTY MADA HOUSE,
signed by NO.69, ANJARI LAYOUT,
KAVYA R KONANAKUNTE,
Location: BANGALORE - 560 062.
High Court
3. SMT. B. A. DAMAYANTHI,
of Karnataka
D/O. LATE B. B. APPAIAH,
W/O. SRI. C. S. AJANTHA,
AGED ABOUT 65 YEARS,
OCC: HOUSE WIFE,
R/AT CHEEYAKA POOVANDA HOUSE,
NELAJI VILLAGE AT AND POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 214.
...APPELLANTS
(BY SRI. CHIKKANAGOUDAR L S.,ADVOCATE)
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RSA No. 1157 of 2019
AND:
1. SRI. B. A. CHERMANA,
S/O. LATE B. B. APPAIAH,
AGED ABOUT 57 YEARS,
OCC: AGRICULTURE,
R/AT NARIYANDADA VILLAGE,
CHEYYANDANE POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 212.
2. SRI. SOMAGIRI,
S/O. LATE B. B. APPAIAH,
AGED ABOUT 62 YEARS,
OCC: AGRICULTURE,
R/AT NARIYANDADA VILLAGE,
CHEYYANDANE POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 212.
3. SRI. B. A. VIJAYA KUMAR,
S/O. LATE B. B. APPAIAH,
AGED ABOUT 60 YEARS,
R/AT NARIYANDADA VILLAGE,
CHEYYANDANE POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 212.
...RESPONDENTS
(BY SRI. JITHENDRA M S., AND
SRI. C. K. PONNANNA., ADVOCATE FOR C/R1;
V/O DATED 31.01.2025 NOTICE TO R2 DISPENSED WITH)
THIS RSA IS FILED UNDER ORDER 42 RULES 1 AND 2
READ WITH SECTION 100 OF CPC AGAINST THE JUDGMENT
AND DECREE DATED 14.03.2019 PASSED IN RA.No.35/2016
ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, KODAGU,
MADIKERI, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 06.06.2016
PASSED IN OS.No.72/2009 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MADIKERI.
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RSA No. 1157 of 2019
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
This appeal filed by defendant Nos.3 to 5 under Section
100 of CPC challenging the judgment and decree passed by
the Trial Court in O.S.No.72/2009 filed by the respondent-
plaintiff for partition and the Trial Court granted the decree
partly granting 1/4th share in the suit item Nos.1, 3, 6, 7 and 9.
The defendant Nos.1 to 3 are directed to effect the partition
with the above said items and the suit against the defendant
Nos.4 and 5 was dismissed.
2. Being aggrieved by the same, the defendants have
filed appeal before the District Court in R.A.No.35/2016. The
First Appellate Court allowed the appeal in part and modified
the share of the parties declaring that plaintiff is having 7/30 th
share in the suit item Nos.1, 3, 6 and 9 and the defendant
Nos.1 to 3 are entitled 7/30th share each, in the above said 4
items and the defendant Nos.4 and 5 are entitled 1/30th share
in the said suit items.
3. Being aggrieved by the same, defendant Nos.3 to 5
are before this Court. The appellant No.1 is present and also as
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a GPA holder of appellant Nos.2 and 3. The respondent Nos.1
and 3 are present, notice to respondent No.2 is dispensed with.
4. The joint compromise application is filed Under
Order 23 Rule 3 read with Section 151 of CPC. Learned counsel
submits they have shared the items of the suit schedule
properties as per partition deed. As per paragraph No.6 of the
compromise application, the terms of the compromise reads as
under:
"06. The aforesaid Appellants and the Respondents
state and declare that pursuant to Agreement for
Partition dt. 22.03.2024 which they have entered into
on their own free will and mind, voluntarily without any
pressure and compulsion either from within or outside,
the Suit Schedule Item Properties have been partitioned
amongst themselves in the following mode and
manner:-
i. As per the Agreement for Partition, the Appellant
No.1/ Petitioner No.1, B.A. Jayaram, S/o Late B. A.
Appaiah, is allotted with the following 5 (Five) Items of
Immovable Properties:-
Item No.1: The Agricultural Land measuring 1.45 acres
of Sagu land in Sy. No.101/2 bounded on:
East By : Land belonging to Kolira family
West By : Residential House
North By : Land belonging to Kukkemnae Shivaram
South By : Land belonging to Kukkemnae Shivaram
Item No.2: Land measuring 2.00 acres of Jamma Bane
land bearing Sy. No.126/4 bounded on:-
West By : Road
North By : Mud Road
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South By : Land belonging to Keethiyanda Muddaiah
Item No.3: Land measuring 0.60 acres of Jamma wet
land out of 7.93 acres in Sy.No.95 bounded on :-
East By : Wet Land belonging Battiyanda family
West By : Wet Land belonging Battiyanda family
North By : Wet Land belonging Battiyanda family
South By : Wet Land belonging Battiyanda family
Item No.4: Land measuring 2.80 acres of Jamma Bane
land in Sy.No.126/5 bounded on:
Fast By : Land belonging to Keethiyanda Muddaiah
West By : Residential House of Sri. B. A. Jayaram
North By : Road
South By : Land belonging to Mundyolanda family
Item No.5: Land measuring 1.00 acre of Jamma Bane
land in Sy. No.127/2 bounded on:
East By : Road
West By : Property of Kolira Devaiah
North By : Land of Kukkemane Ramaiah
South By : Residential House of Sri. B.A. Jayaram
Totally 7.85 Acres.
ii. As per the Agreement for Partition, the Respondent
No.1, Sri. B.A Cheramana, S/o Late B.B. Appaiah, is
allotted with the following 2 (Two) Items of Immovable
Properties:-
Item No. 1: Land measuring 0.30 acres out of 0.60
acres of Jodi Wet land in Sy. No. 76/8 bounded on:
East By : Land belonging to Makkimane Shivarama
West By : Land belonging to Pokkulanda Chengappa
North By : Remaining Land in Sy.No.76/8
South By : Wet Land belonging to Pokkulanda
Chengappa
Item No. 2: Land measuring 4.09 acres out of 8.18
acres of Sagu land in Sy.No.134/5 of Nariandada
Village, Madikere Taluk, Kodagu District bounded on:
East By : Chelavara River
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West By : Remaining Land in Sy.No.134/5
North By : Land belonging to Battiyanda family
South By : Paisary land
Totally 4.39 Acres.
iii. As per the Agreement for Partition, the Respondent
No. 3, Sri. B.A Vijay Kumar, S/o Late B. B. Appaiah, is
allotted with the following 2 (Two) Items of Immovable
Properties:-
Item No.1: Land measuring 0.30 acres out of 0.60
acres of Jodi Wet
land in Sy.No.76/8 bounded on:-
East By : Land belonging to Makkumane Shivarama
West By : Land belonging to Pokkulanda Chengappa
North By : Wet land belonging to Pokkulanda
Chengappa
South By : Remaining land in Sy.No.76/8.
Item No.2: Land measuring 4.09 acres out of 8.18
acres of Sagu land in Sy.No.134/5 of Nariyandada
Village, Madikere Taluk, Kodagu District bounded on:-
East By : Chelavara River
West By : Remaining Land in Sy. No. 134/5
North By : Land belonging to Battiyanda family
South By : Paisary land
Totally 4.39 Acres.
iv. The following land is common to all the Parties
herein:-
Land measuring 0.10 acres of Jamma Hithlu land in
Sy.No.96 bounded on:-
East By : Wet Land
West By : Land belonging to Buttiyanda family
North By : Land belonging to Buttiyanda family
South By : Land belonging to Buttiyanda family
All the above Properties are situated at Nariyandada
Village, Madikere Taluk, Kodagu District."
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5. Parties submit that they are satisfied with terms of
the compromise. Considering the facts and circumstances, the
IA is allowed. The compromise between parties is accepted.
6. Consequently, the appeal is disposed of, in view of
the compromise.
7. Draw a decree accordingly, as per the paragraph
No.6 of the compromise petition.
8. In view of the compromise petition, the same shall
be treated as a final decree.
Sd/-
(K.NATARAJAN)
JUDGE
AMA
