Allowed

Sri N Sriramegowda v. Smt Lakshmidevamma

Karnataka HC19 Oct 2022RFA/1735/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Regular First Appeal No. 1735 of 2017 relating to partition proceedings. The appellants, who were defendants in the trial court, successfully settled the dispute amicably with respondents representing family members and other parties. The court accepted the compromise petition which allocated specific survey numbers and shares among the parties, thereby dism

What did the court decide?

The appeal was disposed of based on the registered compromise petition; decree to be drawn as per the compromise terms; parties to bear own costs.

Sri N Sriramegowda Vs Smt Lakshmidevamma — Partition | Karnataka HC (2022)

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RFA No. 1735 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF OCTOBER, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

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AND

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THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 1735 OF 2017 (PAR)

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BETWEEN:

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SRI N SRIRAMEGOWDA D/O LATE B NARAYANA GOWDA AGED ABOUT 64 YEARS

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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N NARAYNASWAMAY S/O LATE B. NARAYANA GOWDA AGED ABOUT 62 YEARS

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BOTH ARE R/AT NO.58/9 DAYANANDA ROAD SRINIVASAPUR TOWN KOLAR DISTRICT

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PIN-563 135 …APPELLANTS

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(BY SHRI. S.P. KULKARNI, SENIOR ADVOCATE FOR SHRI. V. THUKARAMA RAO AND SHRI VASANTH KUMAR, ADVOCATES)

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AND:

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SMT LAKSHMIDEVAMMA W/O H. VENKATASWAMAY GOWDA D/O LATE B. NARAYANAGOWDA AGED ABOUT 59 YEARS R/O AT HEBBATTA VILLAGE KASABA HOBLI SRINIVASAPUR TALUK KOLAR DISTRICT PIN-563 135

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SMT VENKATAMMA

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RFA No. 1735 of 2017

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W/O CHOWDAPPA (DEAD LRS)

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SMT NAGARATHANAMMA W/O VENKATARAMANAPPA AGED ABOUT 44 YEARS R/AT CHIKKANAHALLI VILLAGE MUDIYANUR HOBLI MULBAGAL TALUK PIN:563 131

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SMT SUJATHAMMA W/O N. NARAYANASWAMY AGED ABOUT 42 YEARS R/AT NO 58/9 DAYANANDA ROAD SRINIVASAPUR TOWN KOLAR DISTRICT PIN-563 135

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SMT MANJULA W/O NAGARAJU AGED ABOUT 40 YEARS R/AT KONDASANDRA VILLAGE HOLUR HOBLI, KOLAR TALUK PIN-563 101

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VENKATACHALAPATHI S/O CHOWDAPPA AGED ABOUT 38 YEARS R/AT HEBBATTA VILLAGE KASABA HOBLI SRINIVASAPUR TALUK PIN-563 135

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SMT RATHANAMMA W/O VENKATARAVANAPPA AGED ABOUT 66 YEARS R/AT GOWDAHALLI VILLAGE KASABA HOBLI SRINIVASAPUR TALUK PIN-563 135

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M. VENKATARAMEGOWDA S/O MUNIVENKATAPPA AGED ABOUT 54 YEARS

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RFA No. 1735 of 2017

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R/AT TARAGA BEEDHI SRINIVASAPUR TOWN PIN-563 135

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V MUNINARAYANAPPA S/O LATE VENKATESHAPPA AGED ABOUT 74 YEARS R/AT H. NALLAPALLI VILLAGE KASABA HOBLI SRINIVASAPUR TALUK PIN:563 135

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S.N. VEERAPPAREDDY S/O NAREPPA AGED ABOUT 57 YEARS R/AT H NALLAPALLI VILLAGE KASABA HOBLI SRINIVASAPUR TALUK PIN-563 135

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CHOWDAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 69 YEARS R/AT HEBBATTA VILLAGE KASABA HOBLI SRINIVASAPUR TALUK PIN-563 135 …RESPONDENTS

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(BY SHRI. B. VISHVESHWARAIAH, ADVOCATE FOR R1)

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED IN OS.NO.170/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., KOLAR, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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THIS RFA, COMING ON FOR ORDERS, THIS DAY, P.S. DINESH KUMAR J. , DELIVERED THE FOLLOWING:

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RFA No. 1735 of 2017

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JUDGMENT

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This appeal by defendants No.1 & 2 is directed against the judgment and decree dated 08.09.2017 in O.S.No.170/2013 passed by the Principal Civil Judge (Sr.Dn.), Kolar.

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Respondents No.1 to 6 & 10 are family members. Respondents No.7, 8 & 9 are purchasers of the property and suit against them has been dismissed.

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Heard Shri S.P.Kulkarni, learned Senior Advocate for the appellants and Shri B.Vishveshwaraiah, learned advocate for respondent No.1.

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Appellants No.1 & 2 are present and identified by their learned advocate Shri Vasanth Kumar. Respondent No.10 is represented by his son and special power of attorney, respondent No.5. The original GPA has been filed under a memo and the same be kept in record. Respondents No.1 to 6 are present and identified by Shri B.Vishveshwaraiah, learned advocate.

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RFA No. 1735 of 2017

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Parties have settled the dispute amicably. The compromise petition under Order 23 Rule 3 r/w

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Section 89 of CPC duly signed by the appellants, respondents and their respective advocates has been filed. Parties submit that they agree with the terms of compromise and pray that this appeal may be disposed of in terms of settlement recorded in the compromise petition.

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6. The terms of compromise read as follows:

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"The appellants and the respondents above named submit as follows:

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1. The ranks of the parties are shown in this Compromise Petition, as referred to in the suit O.S No.170/2013 filed before Principal Senior Civil Judge, Kolar, for the sake of convenience and clear understanding.

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2. The plaintiff in the suit / first respondent herein viz., Smt. Lakshmidevamma W/o. H. Venkataswamy Gowda, who is the sole Plaintiff in the Trial Court, filed the suit for partition and Separate Possession in respect of 1/3^rd share in respect of schedule properties A to D mentioned in the plaint, by contending that all these properties are of the joint Hindu undivided Joint Family properties. The defendants who are all parties appeared and contested the suit on all grounds even including the jointness of the family, the source of the property and also the entitlement of her share in the properties.

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3. The Learned Prl. Sr. Civil Judge, Kolar , after framing Issues, and after recording Evidence, partly decreed the suit on 08.09.2017 in O.S No.170/2013 , dismissing the suit in respect of Schedule-A property and granting 1/15^th share to the plaintiff in Schedule-B to Schedule-D properties.

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RFA No. 1735 of 2017

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4. The defendants 1 & 2, who are the Appellants 1 & 2 herein have filed the present Appeal in R.F.A No.1735/2017 before this Hon’ble Court seeking setting aside the said Judgment and Decree and with a prayer to dismiss the suit filed by the plaintiff/respondent No.1.

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5. This Hon’ble Court in the above Appeal, vide its Order dtd.15.11.2017, has issued Notice to all the parties while calling for records and staying drawing up of Final Decree of the same.

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6. When the facts stood so, all the parties to the Appeal have made Meetings and have resolved to settle the matter to gain mental peace to one and all in the family. All the parties to this Appeal have now readily and willingly consented to submit that all the schedule properties mentioned therein are Joint Family Properties and all the parties to the suit have common and joint right and interest over the same.

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7. Now, after detailed discussion in the presence of elders and well wishers and conscious meeting of minds over the dispute, the plaintiff and the defendants have resolved their dispute once for all and have settled their claims by means of this present Compromise Memo wherein the details of the terms of understanding are described therein which forms the part of Compromise Petition.

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8. The present Compromise entered into between the plaintiff and the defendants consists of following Terms & Conditions being agreed to and acceded to with free consent and conscience by all the parties herein in the said regard, without any fear or influence being played by anyone upon them.

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I. Land in Sy.No.201:-

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Measuring 1 Acre 22 guntas situated at Srinivaspur Amanikere, Kasaba Hobli, Srinivaspur Tq., Kolar District, bounded by;

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East by : Road, West by : Byrareddy, Doddanareppa, Venkatalakshmamma lands. North by : Byrareddy Land South by : Appoji reddy Land.

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This land is divided / partitioned as follows:

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(a) The LRs of Smt. Venkatamma (Deceased) W/o. Chowdappa – viz.

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i. Smt.Nagarathnamma D/o.Venkatamma & Chowdappa , W/o. Venkatramanappa

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RFA No. 1735 of 2017

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ii. Smt.Sujathamma, D/o. Venkatamma & Chowdappa W/o. N. Narayanaswamy

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iii. Smt.Manjula, D/o. Venkatamma & Chowdappa W/o. Nagaraju,

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iv. Sri.Venkatachalapathy

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S/o.Venkatamma & Chowdappa

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will totally and together jointly get 07 guntas in the said land with following boundaries:-

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East: Road West: Land of Byrareddy, North: Land of Ratnamma South: Land of N.Sriramegowda

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(b) Smt. Rathnamma, W/o. Venkataramanappa (def. No.4) will get 7½ guntas with following bounders:-

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East: Road West: Land of Byrareddy, North: Land of Lakshmidevamma South: Land of Nagaratnamma, Manjulamma and others

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(c) Sri. Sriramegowda, S/o.Late. B. Narayanagowa (Pltf.No.1) will get

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27½ guntas with following boundaries:

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East : Road West: Land of Narayanaswamy & Munishamy, North: Land of Nagaratnamma South: Land of N.Narayanaswamy.

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(d) Smt. Lakshmidevamma, W/o. H. Venkataswamy gowda, D/o. late B.Narayanagowda (def. No.1) will get 20 guntas with following boundaries:-

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East : Road West: Land of Byrareddy , North: Land of Byrareddy, South: Land of Smt. Rathnamma.

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II. Land in Sy.No.55:-

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RFA No. 1735 of 2017

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Measuring 42 guntas situated at Panasamakanahalli village, Kasaba Hobli, Srinivaspura Tq., Kolar Dist., bounded by;

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East: Property belonging to Nanjunda Gowda West: Kolar-Srinivasapur Road North: Raja Kaluve South: Property belonging to N. Narayanaswamy. The entire land goes to N. Narayanaswamy, S/o. Late.B.Narayana Gowda (def. No.2)

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III. Land in Sy.No.56:- Measuring 16 guntas situated at Panasamakanahalli village, Kasaba Hobli, Srinivaspura Tq., Kolar Dist., bounded by;

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East: Property belonging to Nanjunda Gowda West: Kolar-Srinivasapur Road North: Property belonging to N. Narayanaswamy South: Property belonging to Gopal Swamy The entire land goes to Sri. Sriramegowda, S/o. Late.B.Narayana Gowda (def. No.1) 1 IV. Land in Sy.No.170/5:- Measuring 47 guntas situated at Hebbatta Village, Kasaba Hobli, Srinivaspura Tq., bounded by; East: Property belonging to Smt. Amaravathi West: Property belonging to Smt. Sakamma. North: Property belonging to Smt. Sakamma. South: Property belonging to Shettigere Narayanaswamy.

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This land is divided / partitioned as follows:-

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(a) In this land 23 Guntas will go to Sri. Sriramegowda, S/o. Late.B.Narayanagowda (def.No.1) with the following boundaries:East Land of Narayanaswamy West: Land of Smt.Sakamma North: Land of Smt.Sakamma South: Land of Smt.Alavelamma (b) Remaining 24 guntas will go to N. Narayanaswamy, S/o.Late.B.Narayanagowda (def.No.2) with following boundaries. East: Land of Smt.Amaravathi

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RFA No. 1735 of 2017

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West: Land of N.Sriramegowda North: Land of N.Narayanaswamy South: Land of Smt.Alavelamma

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V. House with vacant site in V.P.C No.553:-

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Assessed at No.831, Measuring East-West:79 ft., and NorthSouth:24 ft; situated at Srinivaspura Town, Kolar Dist., bounded by;

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East: Hoogala Reddappa House West: Road North: Gujjanahalli Nanjundagowda House South: Hanumanthegowda House.

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This entire property will go to N. Narayanaswamy, S/o. Late. B.Narayana Gowda (def. No.2)

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Special Note :

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(A) Since the properties in following Survey Numbers were already sold out long back, the same do not find place in the above Compromise Petition.

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i. Land in Sy.No.17/1 and 17/2 respectively measuring 22 Guntas and 28 guntas, of H.Nallapalli village, Srinivaspura Tq., Kolar Dist.

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ii. House property bearing VP No.69 measuring 2490 Sq.ft., situated at H.Nallapalli village, Srinivaspura Tq., Kolar Dist.

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iii. Land in Sy. No.158 (VP No.1) House in VPC measuring 2100 Sq.ft., situated at H.Nallapalli village Srinivaspura Tq., Kolar Dist.

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(B) As regards the claim for share in the land in property bearing Sy.No.84/P-13 measuring 2 acres , situated at Srinivaspur Rural Kasaba Hobli, Srinivaspur Tq., Kolar Dist., has been dismissed by the Learned Prl. Sr. Civil Judge, Kolar (Trial Court), the same also does not find place in this Compromise Petition.

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(C) Since the LRs of Smt. Venkatamma, who are the children of Sri.Chowdappa, S/o. Late. Hanumanthappa (def.No.8 in TC and Res.No.10 in H.C), have been given shares Sy.No.201, at Sl. No.1 of the schedule, the said Chowdappa, being satisfied with the same, does not claim any share in any property, for which he has willfully agreed and has signed this Compromise Petition.

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Therefore, the plaintiff and the defendants in the suit who are parties as Resp.No.1 and Appellants herein have willfully and voluntarily consented for the above said Compromise by settling the

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10 -

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RFA No. 1735 of 2017

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matter in the above terms and have signed the above Compromise Petition, and pray that the above Appeal may please be disposed of by recording the above Compromise entered into between the parties. in the interest of justice and equity"

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In our opinion, compromise arrived at between

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the parties is lawful and hence accepted. Appeal stands disposed of in terms of compromise petition. Parties shall bear their own costs. Decree shall be drawn as per the memorandum of compromise petition.

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Registry shall refund the court fee in accordance with law.

Sd/-

JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 4

Sri N Sriramegowda v. Smt Lakshmidevamma

Case brief

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Sri N Sriramegowda v. Smt Lakshmidevamma

Case brief

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