Disposed

Smt. Doddamma W/O Late Narasegowda v. Sri. Appaji Gowda S/O Late Kalla @ Thimmaiah

Karnataka HC19 Apr 2021RSA/875/2011

Case brief

AI extract

What is this about?

In this appeal challenging a decree granting 1/2 share of property, the court recorded a compromise petition under CPC Order XXIII Rule 3. Parties admitted adoption facts, waived claims to natural family assets, and agreed to a specific land division, leading the court to set aside the lower appellate decree and dispose of the appeal accordingly.

What did the court decide?

Impugned judgment and decree of the First Appellate Court set aside; appeal disposed in terms of the recorded compromise and office directed to draw a final decree.

Smt. Doddamma W/O Late Narasegowda Vs Sri. Appaji Gowda S/O Late… — Partition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF APRIL, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

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REGULAR SECOND APPEAL NO.875 OF 2011 (DEC)

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BETWEEN:

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SMT. DODDAMMA, W/O LATE NARASEGOWDA, AGED ABOUT 48 YEARS,

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SRI. NAGENDRA, S/O LATE NARASEGOWDA, AGED ABOUT 37 YEARS,

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SRI. UDAY KUMAR, S/O LATE NARASEGOWDA, AGED ABOUT 34 YEARS,

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SRI. JNENDRA .M.N., S/O LATE NARASEGOWDA, AGED ABOUT 31 YEARS,

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SMT. SAVITHA, S/O LATE NARASEGOWDA, AGED ABOUT 28 YEARS,

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SMT. SHOBHA, S/O LATE NARASEGOWDA, AGED ABOUT 25 YEARS,

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SMT. KUMARI, D/O LATE NARASEGOWDA, AGED ABOUT 35 YEARS,

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ALL ARE R/AT MALLAPPANAHALLI VILLAGE, KASABA HOBLI,

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HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 211. ... APPELLANTS

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(BY SRI.ANANDA K., ADVOCATE)

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AND:

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SRI. APPAJI GOWDA, S/O LATE KALLA @ THIMMAIAH, AGED ABOUT 65 YEARS, R/AT MALLAPPANAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 211. … RESPONDENT

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(BY SRI.MANJUNATH G KANDEKAR, ADVOCATE)

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THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2010 PASSED IN R.A.NO.44/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & J.M.F.C.,HOLENARASIPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.09.2008 PASSED IN O.S.NO.54/2006 ON THE FILE OF THE CIVIL JUDGE (JR.DN)& JMFC,HOLENARASIPURA.

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THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal arises out of the dismissal of a suit for partition and separate possession. An appeal filed by the plaintiff before the First Appellate Court in R.A.No.44/2008 was allowed and it was declared that the plaintiff was entitled to ½ share in the suit schedule properties. The

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defendants have filed this appeal challenging the aforesaid judgment and decree of the First Appellate Court.

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The parties have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, the terms of which reads as follows:

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“4. It is submitted that, during the pendency of the above appeal, both the appellants and the respondent at the advise of Well wishers and elders have decided to settle the matter amicably and accordingly, today, they are filing this compromise petition on the following terms and conditions:

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(i) The respondent had agreed and declared that, he was given in adoption to one Sri.Mariyappa as per Hindu Customs and Rituals during the year 1954 and therefore, the respondent is not at all a member of his natural family and hence, he has no right over the properties of his natural family i.e., in the suit schedule properties.

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(ii) The appellants agree that, though, the respondent has no right over the suit schedule properties as he was given in adoption in the year 1954 itself, the appellants voluntarily agreed to give 16 guntas of dry land out of 21 guntas on the western side in Sy.No.65/2 which is item No.3 of the suit schedule properties to the respondent herein with the following boundaries:

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Boundaries for 16 guntas of dry land in Sy.No.65/2 of Mallappanahalli Village, Kasaba Hobli, Holenarasipura Taluk, Hassan District is:

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East by : Land belonging to Gangadhara and the land belongs to the appellants in Sy.No.65/2 West by : Land belonging to Erappa North by : Channel and land belonging to Nanjappa and; South by : Land belonging to the respondent in Sy.No.65/3.

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(iii) It is further agreed between the parties that, the remaining dry land measuring 5 guntas including Karab out of 21 guntas on the Eastern side in Sy.No.65/2 which is Item No.3 is belonging to the appellants herein with the following boundaries:

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East by : Hullahalli Road West by : Land of 16 guntas given to respondent herein today North by : Land belonging to Gangadharappa’s family and; South by : Land belonging to the respondent in Sy.No.65/2

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(iv) The respondent declares that, the respondent herein has no manner of right, title and interest over the (1) Item No.1 i.e., the land in Sy.No.31/2 measuring 26 guntas (2) Item No.2 i.e., the land in Sy.No.31/7 measuring 24 guntas, both situated at Mallappanahalli Village, (3) Item No.4 i.e., land in Sy.No.74/1B measuring 0-20 guntas situated in Mallappanahalli Amanikere Village, Kasaba Hobli, Holenarasipura Taluk,

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Hassan District and all these land are exclusively belonging to the appellants herein.

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(v) The respondent has also agreed that, neither himself nor his legal representatives/legal heirs will not claim any portion in items 1, 2, 4 and an extent of 5 guntas of land in item No.3 of suit schedule properties and will not filed any case/petition/application before the any court or revenue authorities etc.,

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(vi) The appellants have also agreed that, the appellants or their legal heirs or any body claiming under them will not claim an extent of 16 of land in item No.3 of the suit schedule properties as stated above and the respondent is alone has the right, title and interest over the said land in an extent of 16 guntas in item no.3 of the suit schedule properties i.e., Sy.No.65/2 of Mallappanahalli Village.

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(vii) The respondent has agreed to withdraw FDP 2/2011 on the file of Principal Civil Judge and JMFC, Holenarasipura immediately in pursuance of this compromise petition.

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(viii) Both the parties have also declare that, no Will or Gift or Mortgage, Partition etc., have been executed by them in respect of the suit schedule properties and if any such documents is executed, the same will have no legal sanctity from hereafter and the same will not bind any of the parties herein.

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5. It is submitted that, in view of the above the terms and condition of this compromise petition, the appellants and the respondent most humbly prays that, this Hon’ble Court be pleased to record this compromise and confirm the judgment and decree passed in O.S.No.54/2006 by the Civil Judge (Jr.Dn.) and JMFC, Holenarasipura.”

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As a result of the aforesaid, the appellants herein/defendants before the trial Court have admitted that the plaintiff/respondent was given an adoption in the year 1954, which fact is also admitted by the plaintiff/respondent. The plaintiff/respondent has agreed that he had no right, title or interest in the properties of his natural family. He has also accepted to receive 16 guntas of land in Sy.No.65/2 of Mallappanahalli, Kasaba Hobli, Holenarasipura Taluk towards full and final satisfaction of his claim respect of the suit schedule properties.

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The plaintiff/respondent and appellant Nos.2, 3 and 4 are present in person and they are identified by their counsel and they submit that they have understood the terms of the compromise and their counsel have explained

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the same to them. Appellant No.1, 5, 6 and 7 have executed a General Power of Attorney which is duly notarized, whereby they have authorized the appellant No.4 to admit this compromise on their behalf. Appellant Nos.2, 3 and 4 have agreed to make over 16 guntas of land to the plaintiff/respondent.

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Since the compromise is just and proper, the same is accepted. The parties are identified by their respective counsels and they are directed to affix their signatures to the order sheet of this Court in token of their acceptance of this compromise petition.

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In view of the above, impugned judgment and decree passed by the First Appellate Court in R.A.No.44/2008 is set aside and this Regular Second Appeal is disposed of in terms of this compromise.

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Office is directed to draw a final decree in terms of this compromise.

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Sd/JUDGE

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NR/-

Smt. Doddamma W/O Late Narasegowda v. Sri. Appaji Gowda S/O Late Kalla @ Thimmaiah

Case brief

What is this about?

What did the court decide?

Smt. Doddamma W/O Late Narasegowda v. Sri. Appaji Gowda S/O Late Kalla @ Thimmaiah

Case brief

What is this about?

What did the court decide?

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Issues for consideration

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