Karnataka High Court
Sri Mallaiah vs Kamalamma on 19 November, 2025
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NC: 2025:KHC:47663
RSA No. 1243 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
REGULAR SECOND APPEAL NO. 1243 OF 2016
BETWEEN:
SRI MALLAIAH
SINCE DEAD BY LRS
1a) JAKKANNA
S/O MALLAIAH
AGED 45 YEARS
R/A JABAGHATTA VILLAGE
NONAVINAKERE HOBLI,
TIPATUR TALUK
TUMKURU DISTRICT-572224.
b) KEMPAMMA
Digitally signed by W/O LATE THIMMAIAH
JUANITA AGED 65 YEARS,
THEJESWINI
R/A TURUVEKERE TOWN
Location: HIGH
COURT OF TURUVEKERE TALUK
KARNATAKA
TUMKUR DISTRICT-572227.
c) LAKSHMAMMA
W/O RANGAPPA
AGED 60 YEARS
R/A JABAGHATTA VILLAGE
NONAVINAKERE HOBLI,
TIPATUR TALUK
TUMKURU DISTRICT-572224.
d) NANJAMMA
W/O APPANNA
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RSA No. 1243 of 2016
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AGED 50 YEARS
R/A MALLENAHALLI VILLAGE
NONAVINAKERE HOBLI,
TIPATUR TALUK
TUMKURU DISTRICT-572224.
...APPELLANTS
(BY SRI. SIDDAPPA V.D., & SRI. AJAY.N., ADVOCATES)
AND:
KAMALAMMA
W/O K B SHIVANNA,
AGED 70 YEARS
R/A KAREHALLI,
C R PATNA TALUK
HASSAN DISTRICT-573116.
...RESPONDENT
(BY SRI. S. V. PRAKASH., ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 08.10.2012 PASSED IN
R.A.NO.87/2007 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC., TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 17.04.2007 PASSED IN
O.S.NO.166/2004 ON THE FILE OF ADDL. CIVIL JUDGE
(JR.DN.), JMFC., TIPTUR AND ETC.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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RSA No. 1243 of 2016
HC-KAR
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT
The appellant No.1 (a), who is the Special Power of
Attorney holder for appellants No.1 (b) to (d) and the
respondent are present before this Court.
2. The parties i.e., the appellants and the respondent
have filed a Compromise Petition under Order XXIII Rule 3
of the Code of Civil Procedure, 1908 on 17.11.2025. The
Compromise petition is signed by the parties and their
respective learned Counsels. The contents of the
Compromise petition are read over and explained to the
parties in the language known to them.
3. As submitted by both the learned Counsels and
their parties, the matter is settled as per the following
terms :
"1. At the intervention of well-wishers the
parties have settled their disputes out of court
and they are submitting the following
Compromise Petition.
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2. The Appellants admit that the Respondent
had purchased an extent of 25 Guntas bounded
on the East by Land of K. B. Shivanna, West by
Land of Nanjaiah Urf Ganashaiah, North by
Land of Mallaiah and South by land of K.S.
Thimmegowda, out of total extent of 1 Acre 27
Guntas of Land in Sy No 160 of Jabagatta
Village, Nonavinakere Hobli, Tiptur Taluk,
Tumkur District from Mallaiah Under Registered
Sale Deed dated 25/06/1977 and the vendor
Mallaiah delivered Physicai possession of the
said land is the subject matter of OS
NO.166/2004 on the file of learned Additional
Civil Judge, JMFC, Tiptur.
3. The Appellants further admit that the land
pertaining to suit in O.S.NO. 191/1982, R.A.
NO. 64/1989 and RSA. NO. 255/1991 is
relating to a different transaction between
Mallaiah and Ganesh Gowda, and does not
include this land measuring 25 Guntas sold by
Mallaiah to the Respondent herein.
4. The Appellants admit that the Respondent is
the sole and absolute owner in possession and
enjoyment of the land which is the subject
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matter of O.S.NO. 166/2004 on the file of the
learned Additional Civil Judge, JMFC, Tiptur.
5. As per the terms of settlement arrived at
between the parties, the Respondent has paid a
sum of Rs.1,95,000 to the Appellant No 1 (a) to
put an end to the litigation and the disputes
between parties.
6. The Appellants further submit that the
Appellants 1(b) to 1 (d) have executed
Registered Release Deed dated 5/3/2016 under
which they have released their right title and
interest over the land in favour of the Appellant
No 1(a) and therefore the Appellant No 1(a)
has become the sole and absolute owner of the
land in question, Being the sole owner of the
land, the Appellant No 1 (a) has received the
amount of Rs.1,95,000/- from the Respondent
under this settlement.
7. The Appellants confirms that they have no
claim whatsoever or right, title or interest over
the land which is the subject of the suit.
8. The Appellants have no objection for the
Respondent getting the khatha and other
revenue records of the land transferred to her
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name and undertake to sign all forms,
applications or memos as may be required for
the said purpose.
9. Parties to bear their own cost.
4. The Compromise petition is placed on record.
5. On recording the compromise petition, this
Regular Second Appeal stands disposed of in terms of the
compromise petition filed by the parties.
All pending I.As., stand disposed of accordingly.
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
JT/-
CT: JL
