Smt. Tulasi vs Smt. Vijayalakshmi
2025 Latest Caselaw 4704 Kant

Karnataka High Court

Smt. Tulasi vs Smt. Vijayalakshmi on 5 March, 2025

Author: K.Somashekar

Bench: K.Somashekar

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                                                               RFA No. 2266 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 5TH DAY OF MARCH, 2025

                                                PRESENT
                                 THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                   AND
                               THE HON'BLE MR JUSTICE VENKATESH NAIK T
                              REGULAR FIRST APPEAL NO.2266 OF 2023 (PAR)

                       BETWEEN:

                            SMT. TULASI
                            W/O. N. R. RAKESH
                            AGED ABOUT 43 YEARS
                            SANJANA FANCY STORES
                            R/O. KARIYANNA BUILDING OPPOSITE
                            ARANA COMPLEX
                            VINOBHANAGAR, HUDCO
                            SHIVAMOGGA - 577 204.
                                                                          ...APPELLANT
                       (BY SRI VIGHNESHWAR S. SHASTRI, SR. COUNSEL FOR,
                           SRI GURURAJ R., ADVOCATE)

                       AND:

Digitally signed by    1.   SMT. VIJAYALAKSHMI
MOUNESHWARAPPA
NAGARATHNA                  W/O. LATE P. RAMA
Location: High Court
of Karnataka                MAJOR
                            R/AT DOOR NO.188, SHESHADRIKRUPA
                            VEENASHARADA SCHOOL
                            SHARAVATHI NAGARA
                            SHIVAMOGGA - 577 201.

                       2.   SRI HARISH
                            S/O. LATE P. RAMU
                            AGED ABOUT 40 YEARS
                            R/O. VINAYAKA WELDING WORK
                            JAIL ROAD, MAIN ROAD
                            SHIVAMOGGA - 577 201.
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                                       RFA No. 2266 of 2023




3.   SRI VENKATESH
     S/O. LATE P. RAMU
     MAJOR
     R/O. DOOR NO.188
     SHESHADRIKRUPA
     VEENASHARADA SCHOOL
     SHARAVATHI NAGARA
     SHIVAMOGGA - 577 201.

4.   SMT. SUJATHA
     D/O. LATE P. RAMU
     AGED ABOUT 38 YEARS
     R/O. SAPTHAGIRI COMPLEX
     CHANNEL LEFT SIDE
     HOSAMANE BADAVANE
     SHIVAMOGGA - 577 425.
                                             ...RESPONDENTS
(BY SRI V. F. KUMBAR, ADVOCATE)

                             ***

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.09.2023
PASSED IN O.S.NO.169/2020 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE
SUIT FOR PARTITION.

      THIS REGULAR FIRST APPEAL IS COMING ON FOR HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE K.SOMASHEKAR
          and
          HON'BLE MR JUSTICE VENKATESH NAIK T
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                                               RFA No. 2266 of 2023




                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the judgment and decree

dated 30.09.2023 passed by the Prl. Senior Civil Judge,

Shivamogga in O.S.No.169/2020, by urging the various

grounds.

2. Sri. Vigneshwara S. Shastri, learned Senior Counsel

appearing for Sri. Gururaj R., learned counsel for the appellant,

Sri. V. F. Kumbar, learned counsel appearing for respondent

Nos.1 to 4 are present before the Court physically.

3. Learned Senior Counsel for the appellant and learned

counsel for respondents have filed a compromise petition dated

05.03.2025 seeking modification and setting aside the

judgment and decree dated 30.09.2023 passed by the

Prl. Senior Civil Judge, Shivamogga in O.S.No.169/2020. The

said compromise petition reads as under:

"APPLICATION UNDER ORDER 23 RULE 3 OF CPC FILED

Appellant And Respondents No.1 to 4 submit as follows:

1. The Appellant/Plaintiff filed a suit bearing O.S. No.169/2020 on the file of the Principal Senior Civil

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Judge, Shivamogga in respect of schedule properties seeking relief of partition of 1/5th share in the Hindu undivided family and to issue direction to the defendant to handover the possession of 1/5th share of the plaintiff and that the plaintiff is entitled for mesne profits from the date of the death of the plaintiff's father P. Ramu in respect of the below described schedule properties:

SCHEDULE

a) All that piece and parcel of the property - Commercial complexes and residential house with R.C.C. roof bearing Site No.48, Municipal Khata No.86/6945, Sapthagiri Complex, Hosamane Extension, Jail Road, Skeeper Colony, Ward No.33, Shivamogga consisting Ground Floor 878 sq.ft. and 1st Floor 1,000 sq.ft. in total 1878 sq. feet Shivamogga and bounded by:-

East: Complexes, West: Road, North: Road, South: House

b) All that piece and parcel of the property bearing Sy.

No.79/1A1, measuring 1 acre 3 guntas and out of it Vinayaka Welding Work measuring 15 x 75 feet situated at Kallahalli Village, new Jail Road, Kasaba-2, Shivamogga Taluk, Shivamogga District and bounded by:-

East: Main Road West: Sewage North: Vacant site South:Complexes

c) All that piece and parcel of the property bearing Sy.

No.58/2, measuring 2 acres 35 guntas and Sy. No.57/6, measuring 1 acre 05 guntas and totally measuring 4 acres situated at Bairanakoppa Village, Kasaba-2, Shivamogga Taluk, Shivamogga District in the name of Thirumala Farm and consisting Coconut Farm and bounded by:-

East: Road West: Land North: Layout South: Garden

d) All that piece and parcel of the property bearing Door No. 188 named as "Sheshadri Krupa" consisting houses measuring 25X50 & 25X50, in total 50X50, along with

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RCC Roof and totally four houses situated in Sharavathi Nagar Extension, Shivamogga City Aand bounded by:-

East: Road West: Vacant Site North: House belonging to Chandrashekar South: House belonging to Veeresh

2. The learned Trial Court upon considering oral and documentary evidence dismissed the suit in O.S. No.169/2020 as per the Judgement and decree dated 30.09.2023.

3. Being aggrieved by the judgment dated 30.09.2023 passed by the trial court, the plaintiff/appellant has preferred the above Regular First Appeal before this Hon'ble Court praying for appropriate reliefs. This Hon'ble Court after hearing the case, was pleased to grant ad-

interim order of Temporary Injunction restraining the Respondents/Defendants from alienating the Schedule properties with liberty to the Respondents to seek modification.

4. However, after these developments took place, with the intervention of elders and well-wishers, the Appellant and Respondents No.1 to 4 have compromised the matter in the following terms:

a. Item No.1 of the schedule property, i.e., Commercial complexes and residential house with R.C.C. roof bearing Site No.48, Municipal Khata No.86/6945, Sapthagiri Complex, Hosamane Extension, Jail Road, Skeeper Colony, Ward No.33, Shivamogga consisting Ground Floor 878 sq.ft. and 1st Floor 1,000 sq.ft. in total 1878 sq. feet Shivamogga is agreed to be allotted in favour of Smt. Sujatha D/o Late. P. Ramu who was Defendant No.4/ Respondent No.4 as per the relinquishment deed dated 14.08.2024 and the same is accepted by the parties herein.

b. Item No.2 of the schedule property i.e., the property bearing Sy. No.79/1A1, measuring 1 acre 3 guntas and out of it Vinayaka Welding Work measuring 15 x 75 feet situated at Kallahalli Village, new Jail Road, Kasaba-2, Shivamogga Taluk, Shivamogga District is agreed to be allotted jointly to both Sri Harish S/o. P. Ramu and Sri

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Venkatesh S/o. P. Ramu, Defendant No.2/Respondent No.2 and Defendant No.3/Respondent No.3 respectively.

c. Item No.3 of the schedule Property i.e., the property bearing Sy. No.58/2, measuring 2 acreS 35 guntas and Sy. No.57/6, measuring 1 acre 05 guntas, totally measuring 4 acres, situated at Bairanakoppa Village, Kasaba-2, Shivamogga Taluk, Shivamogga District in the name of Thirumala Farm and consisting Coconut Farm is agreed that the Appellant shall be allotted 8400 sq. ft. (out of which 1800 sq. ft. shall be allotted towards the main road) and the Defendant No.4/Respondent No.4 shall be allotted 4400 sq. ft. and the remaining land shall be allotted equally in favour of Respondent No.1, 2 & 3 respectively.

d. Item No.4 All that piece and parcel of the property bearing Door No. 188 named as "Sheshadri Krupa"

consisting houses measuring 25X50 & 25X50, in total 50X50 along with RCC Roof and totally four houses situated in Sharavathi Nagar Extension, Shivamogga City shall be shared equally between Respondents No.2 & 3 respectively.

e. Additionally another property standing jointly in the names of Plaintiff and all Defendants in respect of immovable property bearing Site No.39 measuring Sy No.51 measuring 1 Acre Property situated at Anupinakatte 30X45 & site No 40 measuring 30X45,total measurement 60X45(2700sq ft/2.4 guntas) carved out of Sy No.51 situated in Anupinakatte Village, Kasaba Hobli Shivamogga Taluk and District is agreed to be allotted equally in favour of Respondents No.2 & 3 respectively.

Wherefore it is humbly prayed that this Hon'ble Court may kindly be pleased to dispose off the above appeal in terms of the compromise petition mentioned above and thereby modifying the Judgment and decree passed in O.S. No.169/2020 as per the Judgement and decree dated 30.09.2023 passed by Principal Senior Civil Judge and CJM at Shivamogga in the interest of justice and equity."

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4. The said compromise petition is taken on record.

5. Paragraph No.2 of the compromise petition indicates

that the learned Trial Court, upon considering oral and

documentary evidence, dismissed the suit in O.S.No.169/2020

as per the judgment and decree dated 30.09.2023.

6. The appellant and respondent Nos.1 to 4 are present

before the Court physically with their respective learned

counsel and they have subscribed their signature on the

compromise petition and same has been identified by their

respective learned counsel by agreeing the terms and

conditions in the compromise petition.

7. Consequent upon consideration of the reasons stated

in the compromise petition, the judgment and decree dated

30.09.2023 passed by the Prl. Senior Civil Judge, Shivamogga

in O.S.No.169/2020 is hereby set aside and the same has been

modified.

8. Accordingly, the appeal is hereby disposed of.

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9. Registry is directed to draw decree in terms of the

compromise petition.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

PHM