[Cites 1, Cited by 0]
Karnataka High Court
Parvathi vs Smt.Ramakka on 11 February, 2026
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RSA No. 1021 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1021 OF 2022 (PAR)
BETWEEN:
1. PARVATHI,
D/O LATE GOVINDAPPA,
W/O SEENAPPA,
AGED ABOUT 49 YEARS,
2. S R SRINIVAS @ SEENAPPA, AMENDED AS PER THE
S/O LATE RAMAIAH, ORDER DATED 11.12.2025
AGED ABOUT 57 YEARS,
SINCE DEAD BY LRs ALREADY ON
RECORD AS APPELLANT NO.1 & 3
3. S. VIJAY KUMAR,
S/O S R SRINIVAS @ SEENAPPA,
AGED ABOUT 32 YEARS,
ALL ARE RESIDING AT,
SHIVARAPATNA VILLAGE,
KASBA HOBLI, MALUR TALUK,
KOLAR DISTRICT - 563 130.
Digitally signed
by ANUSHA V ...APPELLANTS
Location: High (BY SMT. NEERAJA KARANTH, ADVOCATE)
Court of
Karnataka AND:
SMT. RAMAKKA,
W/O LATE CHIKKA VENAKTARAMANAPPA,
SINCE DEAD BY LEGAL HEIRS
1. KRISHNAPPA,
S/O LATE CHIKKA VENKATARMANAPPA,
AGED ABOUT 57 YEARS,
2. GOWRAMMA,
D/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 55 YEARS,
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RSA No. 1021 of 2022
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ALL ARE R/A BALAGERE VILLAGE,
VARTHURU HOBLI,
BENGALURU EAST TALUK - 560 087.
GOVINDAPPA
S/O LATE MATNAHALLI MUNIYAPPA
SINCE DEAD BY LEGAL HEIRS
3. SAROJAMMA,
W/O LATE GOVINDAPPA,
AGED ABOUT 72 YEARS,
4. CHINNAMMA,
D/O LATE GOVINDAPPA,
W/O LAE KRISHNAPPA,
AGED ABOUT 51 YEARS,
5. SRINIVASA,
S/O LATE GOVINDAPPA,
AGED ABOUT 50 YEARS,
6. MUNIRAJU,
S/O LATE GOVINDAPPA,
AGED 46 YEARS,
7. MUNIYAMMA,
D/O LATE GOVINDAPPA,
W/O JEERAPPA,
AGED 41 YEARS,
8. VENKATESH,
S/O LATE GOVINDAPPA,
AGED 41 YEARS,
9. JAYALAKSHMI,
D/O LATE GOVINDAPPA,
W/O MUNIRAJU,
AGED 39 YEARS,
10. NARAYANASWAMY,
S/O LATE GOVINDAPPA,
AGED 33 YEARS,
RESPONDENTS NO.3 TO 6, 8 & 10 ARE
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RSA No. 1021 of 2022
HC-KAR
R/A ALAMBADI VILLAGE,
LAKKUR HOBLI,
MALUR TALUK,
KOLAR DISTRICT - 563 130.
A M NARAYANAPPA
S/O LATE KOTE MUNISWAMY
SINCE DEAD BY LRS
11. PUTTAMMA,
W/O LATE A M NARAYANAPPA,
AGED 71 YEARS,
R/A ALAMBADI VILLAGE,
LAKKUR HOBLI,
MALUR TALUK,
KOLAR DISTRICT - 563 130.
12. N MANJUNATH,
S/O LATE A M NARAYANAPPA,
AGED 51 YEARS,
R/A ALAMBADI VILLAGE,
LAKKUR HOBLI,
MALUR TALUK
KOLAR DISTRICT - 563 130.
13. BHAGYAMMA,
D/O LATE A M NARAYANAPPA,
W/O VENKATESHAPPA,
AGED 50 YEARS,
R/A MINASANDRA VILLAGE,
LAKKUR HOBLI, MALUR TALUK,
KOLAR DISTRICT - 563 130.
14. MURTHY,
S/O LATE NARAYANAPPA,
AGED 48 YEARS,
15. RADHA,
S/O LATE A M NARAYANAPPA,
AGED 46 YEARS,
16. N RAMESH,
S/O LATE A M NARAYANAPPA,
AGED 44 YEARS,
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RSA No. 1021 of 2022
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RESPONDENTS NO.14 TO 16 ARE
R/A ALAMBADI VILLAGE,
LAKKUR HOBLI,
MALUR TALUK,
KOLAR DISTRICT - 563 130.
17. P CHAYADEVI,
W/O R SRINIVASA SETTY,
AGED 51 YEARS,
R/O CHIKKA TIRUPATHI VILLAGE,
LAKKUR HOBLI, MALUR TALUK,
KOLAR DISTRICT - 563 130.
[NOTE: AS RAMAKKA, GOVINDAPPA AND A.M.NARAYANAPPA ARE
DEAD AND REP. BY LRs THEY ARE NOT ASSIGNED APPELLANT
NUMBERS IN RSA]
...RESPONDENTS
[RESPONDENTS NO.3 TO 17 ARE DELETED AS PER ORDER DATED
29.01.2026.]
[BY SRI R. LOKESH, ADVOCATE FOR R1 & R2;
VIDE C/O DATED 11.12.2025 A1 & A3 ARE THE LRs OF DECEASED
A2; V/C/O DTD 29.01.2026 R3 - R17 ARE DELETED]
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 08.04.2022 PASSED IN
RA.NO.27/2020 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, KOLAR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 27.11.2019 PASSED IN OS
No.514/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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RSA No. 1021 of 2022
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ORAL JUDGMENT
This appeal is filed by defendants no.1(d), 4 and 5
challenging judgment and decree dated 08.04.2022 passed by I
Additional District Judge, Kolar, in R.A.no.27/2020 and
judgment and decree dated 27.11.2019 passed by Senior Civil
Judge and J.M.F.C., Malur, in O.S.no.514/2011.
2. Appeal arise out of suit for partition and separate
possession in respect of 'A' and 'B' Schedule Properties. It was
submitted, during pendency of appeal, by order dated
29.01.2026, matter was referred for mediation. Parties have
participated in mediation, which has resulted in settlement and
terms of which are drawn in agreement placed before Court
and prayed that appeal may be disposed of in terms of
settlement.
3. Terms of settlement reads as under:
"MEMORANDUM OF SETTLEMENT UNDER
SECTION 89 OF THE CIVIL PROCEEDURE
CODE READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE MEDIATION
RULES, 2005
I. The above appeal has been referred to
mediation to enable the parties to explore
avenues of settlement. The essence of the
dispute is that the Appellant/Defendant are
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aggrieved by the Judgment and Decree passed
by the by 1st Additional. District Judge, Kolar
passed in R.A.27/2020 dated 08.04.2022
whereby the 1st Appellant Court has set aside
the order passed by Senior Civil Judge, Malur
passed in O.S.No.514/2011 dismissing the said
suit and has partly decreed the suit holding that
the Plaintiffs are entitled to half share in the suit
items No.1 to 3 of the Schedule-A Property.
Aggrieved by the same the
Appellant/Defendants have preferred the
present appeal challenging the same.
II. Brief Facts Leading To The Present Appeal
The Plaintiffs/Respondent No.1 & 2 and
their mother Late Ramakka had filed a suit in
O.S.No.514/2011 on the file of the Senior Civil
Judge, at Malur seeking partition and separate
possession of their half share in the suit A and
B Schedule properties and seeking to declare
that the allenation made and decree obtained
by the Defendants were not binding on them.
The Plaintiffs alleged that Defendant No.1
Late Govindappa executed a Registered Will
dated 01.03.2010 in favour of the Defendant
No.4 (Appellant No.2) in respect of Items 1 to 3
of the plaint A Schedule properties. Thereafter
the Defendant No.1(d), Defendant No.4 and 5
(Appellants herein) sold items No.2 and 3 of A
Schedule Property to Defendant No.3 vide
registered sale deed dated 31.12.2012.
Defendant No.1 has also sold B Schedule
Property to Defendant No.2 vide two separate
sale deeds dated 22.01.1998 and 15.11.2003.
The Senior Civil Judge, Malur dismissed the
suit in O.S.No.514/2011; however the 1st
Additional District Judge, Kolar partly decreed
the suit on 08.04.2022 in R.A.No.27/2020,
holding that the Plaintiffs (Respondent No.1 and
2) and their deceased mother are entitled to
half share in the suit items 1 to 3 of the A
Schedule properties. Further declaring that the
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registered will dated 01.03.2010 and the
judgment and decree dated 04.07.2009 passed
In O.S.No.13/1997 and O.S.No.206/1997 on the
file of Civil Judge at Malur, and the registered
sale deed dated 24.12.2012 are not binding on
the Plaintiffs to the extent of their share.
However the Hon'ble Court dismissed the suit
with respect to Item No.4 of the A Schedule
Property and B Schedule Properties.
Aggrieved by the judgment decree in
R.A.No.27/2020 dated 08.04.2022 the
Defendant No.1(d), Defendant No.4 and 5
preferred this appeal as Appellant No.1 to 3
respectively in respect of Item No.1 of A
Schedule Property. The Appellant No.2 passed
away during the pendency of this appeal leaving
Appellant No.1 and 3 as his legal heirs.
The Defendant No.3 has also preferred an
appeal in RSA No.1066/2022, in respect of
Items No.2 and 3 of the plaint A Schedule
Properties. However the Defendant has
compromised the case in RSA No.1066/2022
with the Respondent No.1 and 2 herein vide
order dated 25.11.2025. Hence only Item No.1
of plaint A Schedule (Survey No.30/1 measuring
1 acre 20 guntas of Alambadi Village, Lakkur
Hobli, Malur Taluk, Kolar District) is available for
consideration.
III. The present appeal has been referred to
mediation to enable the parties to the dispute to
explore possibilities of settlement. In the course
of mediation, the parties who have been
identified by their advocates have participated
along with their advocates in the mediation
process and have agreed to resolve the dispute
between them amicably on the following terms
and conditions:-
1. It is agreed by Appellant No.1 and 3 and
Respondent No.1 and 2 that Item No.1 of
the suit schedule l.e. Survey No.30/1
measuring 1 acre 20 guntas situated at
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Alambadi Village, Lakkur Hobli, Malur Taluk,
Kolar District (Actually measuring 1 acre 17
guntas) is divided into two shares namely
28 ½ guntas described in A Schedule herein
and 28 ½ guntas described in B Schedule
herein.
2. As per this agreement and the settlement
arrived herein the share allotted jointly to
the Appellants on the Eastern side of
Survey No.30/1 is described as Schedule A;
share allotted jointly to the Respondent
No.1 and 2 on the Western side on Survey
No.30/1 is described as B Schedule of this
agreement.
3. It is hereby agreed between the parties
that from this day onwards the Appellants
are the absolute owners in possession of on
the Eastern side of Survey No.30/1 is
described as Schedule A and the
Respondent No.1 and 2 are the absolute
owners in possession of Western side on
Survey No.30/1 is described as B Schedule
4. The Parties are put in possession of their
respective shares on this day i.e.
04.01.2026 and they are liberty to transfer
the mutation entries in their respective
names.
5. The Appellants do not have any claim, right
or interest over the other items of the suit
schedule.
6. The parties agree that as a consequence of
this settlement arrived at in mediation,
both parties have no further claims as
against each other.
7. The appellants are entitled to refund of
Court fee.
SCHEDULE OF THIS SETTLEMENT AGREEMENT
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All the piece and parcel of the land in
Sy.No.30/1 measuring 1 acre 17 guntas
situated at situated at Alambadi Village, Lakkur
Hobli, Malur Taluk, Kolar District (Sy.No.30/1
actually measures 1 acre 17 guntas; however, it
is wrongly shown as measuring 1 acre 20
guntas in the suit schedule as well as in the
decree)
A - SCHEDULE
Share allotted to Appellants No.1 Parvathi and
Appellant No.3 Sri.S.Vijay Kumar jointly
(Eastern half)
All the piece and parcel of the land
measuring 28 1½ guntas out of the total extent
1 acre 17 guntas in Sy.No.30/1 situated at
Alambadi Village, Lakkur Hobli, Malur Taluk,
Kolar District bounded on:
East : Gangaram and Krishnappa's land
West : Share allotted to Respondents No.1 and
2 Krishnappa and Gowramma, in the
same survey number
North : Ramakrishnappa's land
South : Chandrappa's land
B - SCHEDULE
Share allotted to Respodents No.1 Sri
Krishnappa, Respondent No.2 Smt. Gowramma
jointly (Western half)
All the piece and parcel of the land
measuring 28 1½ guntas out of the total extent
1 acre 17 guntas in Sy.No.30/1 situated at
Alambadi Village, Lakkur Hobli, Malur Taluk,
Kolar District bounded on:
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East : Share allotted to Appellants No.1 and 3
Smt.Parvathi and Sri Vijay Kumar in the
same survey number
West : Ramaiah's Land
North : Ramakrishnappa's land
South : Chandrappa's land
IV. In view of the aforesaid agreement entered into
between the parties, it is prayed that this
Hon'ble Court may be pleased to pass
appropriate orders recording the terms of the
agreement entered into by the parties, in the
interest of Justice.
V. Parties shall appear before the Hon'ble High
Court for passing necessary orders in terms of
the agreement whenever the matter is listed
before the Hon'ble Court."
4. Parties are present and are identified by their
respective counsel.
5. And on interaction, stated that they have been
explained terms and conditions of settlement and after
understanding same, they have affirmed same out of their free
will and volition without there being any threat, coercion or
undue influence from anybody.
6. Memorandum of settlement is duly signed by both
parties, whose signatures are identified by their respective
counsel and settlement reported by them.
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7. I have perused terms of settlement. Same are
found to be lawful.
8. Memorandum of settlement is taken on record and
accepted.
9. In terms of settlement, appeal is disposed of.
Registry to draw decree incorporating terms of settlement.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
List No.: 1 Sl No.: 55
