Dismissed

D Parameshwarappa v. Susheelamma

Karnataka HC6 Oct 2023RFA/2454/2006

Case brief

AI extract

What is this about?

The Court disposed of two coupled Regular First Appeals filed against a judgment in a partition suit. Upon hearing counsel, the Court accepted a mutually filed settlement memo whereby parties agreed to allot specific property schedules to respective sides. Consequently, the Court dismissed both appeals and directed a modification of the existing decree to reflect the settlement terms.

What did the court decide?

Both appeals dismissed; office directed to pass modified decree appending settlement memo; no order as to costs.

D Parameshwarappa Vs Susheelamma — Partition | Karnataka HC (2023)

¶1

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.2454 OF 2006 (DEC)

¶7

C/W

¶8

REGULAR FIRST APPEAL NO.2512 OF 2006 (DEC)

¶9

IN RFA NO.2454/2006:

¶10

BETWEEN:

¶11

D. PARAMESHWARAPPA, S/O ANGADI NANDYAPPA,

¶12

AGED ABOUT 77 YEARS,

¶13

R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI, SHIMOGA DISTRICT - 577 301,

¶14

SINCE DEAD BY LRS.

¶15

1(A) PARVATHAMMA,

¶16

D/O LATE A. PARAMESHWARAPPA,

¶17

AGED ABOUT 80 YEARS,

¶18

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

¶19

R/O ARABILACHI,

¶20

BHADRAVATHI TALUK - 577 301.

¶21

1(B) A.P TARADEVI,

¶22

W/O B.M LOKESHAPPA,

¶23

D/O LATE A. PARAMESHWARAPPA,

¶24

AGED ABOUT 63 YEARS,

¶25

HOUSEWIFE, BHRMAPPA NAGAR,

¶26

SHIMOGA - 577 201.

¶27

1(C) GAYATHRI HADALAGI, D/O LATE A. PARAMESHWARAPPA, W/O M.C HADALAGI,

¶28

¶29

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶30

AGED ABOUT 60 YEARS,

¶31

HOUSEWIFE.

¶32

1(D) A.P BHAGYAMMA, W/O MALLIKARJUNA, D/O LATE A. PARAMESHWARAPPA, AGED ABOUT 58 YEARS, HOUSEWIFE.

¶33

1(E) SRIDEVI T.N, D/O LATE A. PARAMESHWARAPPA, W/O TOTAPPA NYASANAGI, AGED ABOUT 55 YEARS, HOUSEWIFE.

¶34

1(F) A.P JAYADEVAPPA, S/O LATE A. PARAMESHWARAPPA, AGED ABOUT 53 YEARS, AGRICULTURIST.

¶35

1(G) A.P ONKARAPPA, S/O LATE A. PARAMESHWARAPPA, AGED ABOUT 51 YEARS.

¶36

1(H) A.P CHANDRAMMA, D/O LATE A. PARAMESHWARAPPA, W/O GURUSIDAPPA, AGED ABOUT 48 YEARS, HOUSEWIFE.

¶37

1(I) NANDISH A.P, S/O LATE A. PARAMESHWARAPPA, AGED ABOUT 45 YEARS, ADVOCATE.

¶38

ALL THE ABOVE LRS ARE RESIDENT OF

¶39

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶40

¶41

ARABILACHI POST,

¶42

BHADRAVATHI, SHIMOGA - 577 201.

¶43

…APPELLANTS

¶44

(BY SRI. R. GOPAL, ADVOCATE)

¶45

AND:

¶46

SUSHEELAMMA, W/O LATE VEERABASAPPA,

¶47

AGED ABOUT 79 YEARS,

¶48

R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI, SHIMOGA DISTRICT - 577 301.

¶49

A. V. PRABHAKARA, S/O LATE VEERABASAPPA,

¶50

AGED ABOUT 52 YEARS,

¶51

HEAD MASTER, SRI GURU MAHARUDRASWAMY, RESIDENTIAL HIGH SCHOOL, UJJANIPURA, PAPER TOWN, BHADRAVATHI, SHIMOGA DISTRICT - 577 501.

¶52

DAYANANDA, S/O LATE VEERABASAPPA,

¶53

AGED ABOUT 52 YEARS,

¶54

C/O MALLIKARJUNAPPA, MALLIKARJUNA NILAYA, LINGAYAT BEEDI, JANNAPURA, BHADRAVATHI,

¶55

SHIMOGA DISTRICT 577 301.

¶56

SINCE DEAD BY LRS

¶57

3(A). SMT. KAMALAMMA, W/O LATE A.V. DAYANANDA, AGED ABOUT 58 YEARS, HOUSEWIFE,

¶58

3(B). A.D RAVI KUMAR, S/O LATE A.V. DAYANANDA,

¶59

4 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶60

AGED ABOUT 30 YEARS, BUSINESS,

¶61

3(C). A.D RAGHU KUMAR, S/O LATE A.V. DAYANANDA, AGED ABOUT 27 YEARS, BUSINESS,

¶62

ALL THE ABOVE LRS ARE R/O SRI SIDDESHWARA NILAYA, 1ST FLOO, 6TH MAIN, 1ST CROSS, HOSAMANE EXTENSION, SHIVAMOGGA CITY - 577 202.

¶63

MANJUNATHA, S/O LATE VEERABASAPPA, AGED ABOUT 49 YEARS, SINCE DEAD BY LRS,

¶64

4(A). SMT. RAJESHWARI,

¶65

W/O LATE MANJUNATHA, AGED ABOUT 58 YEARS, R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT - 577 301.

¶66

4(B). ABHISHEK,

¶67

S/O LATE MANJUNATHA, AGED ABOUT 28 YEARS, R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT - 577 301.

¶68

5 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶69

4(C). SINDHU,

¶70

D/O LATE MANJUNATHA, W/O VINAY SANGAM, AGED ABOUT 24 YEARS,

¶71

R/O "SANGAMESHWARA NILAYA", OPPOSITE SRI. MURUGARAJENDRA PLAY GROUND, BANK COLONY, CHITRADURGA - 577 501.

¶72

SHASHIDHARA, S/O LATE VEERABASAPPA, AGED ABOUT 44 YEARS,

¶73

KARUNAKARA, S/O LATE VEERABASAPPA,

¶74

AGED ABOUT 34 YEARS,

¶75

RUDRESHA, S/O LATE VEERABASAPPA, AGED ABOUT 34 YEARS,

¶76

RESPONDENT NOS. 4 TO 7 R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT - 577 301.

¶77

VASANTHI, W/O SURESH, AGED ABOUT 46 YEARS, ICE FACTORY, R/O HOLEHONNUR HOBLI, BHADRAVATHI TALUK,

¶78

SHIMOGA DISTRICT - 577 301.

¶79

¶80

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶81

SHYALAJA, W/O NAGARAJ,

¶82

AGED ABOUT 42 YEARS,

¶83

RANJIT MEDICAL STORES,

¶84

HOSAMANE ROAD, BEHIND VINAYAKA TALKIES, BHADRAVATHI, SHIMOGA DISTRICT - 577 301.

¶85

KIRANA,

¶86

D/O LATE VEERABASAPPA,

¶87

AGED ABOUT 29 YEARS,

¶88

R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK,

¶89

SHIMOGA DISTRICT - 577 301.

¶90

…RESPONDENTS (BY SRI. K CHANDRASHEKAR, ADVOCATE FOR R1 TO R10; R3 (A TO C) - SERVED;

¶91

VIDE R(J) CIRCULAR NO: 126/2021 DATED 25.11.2021 PROPOSED R4(A TO C) ARE SERVED)

¶92

THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 04.09.2006 PASSED IN OS.NO.149/1997 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., BHADRAVATHI, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

¶93

IN RFA NO. 2512/2006

¶94

BETWEEN:

¶95

SMT. SUSHEELAMMA, W/O LATE VEERABASAPPA,

¶96

AGED ABOUT 79 YEARS,

¶97

R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK , SHIMOGA DISTRICT.

¶98

A. V. PRABHAKARA, S/O LATE VEERABASAPPA,

¶99

7 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶100

AGED ABOUT 54 YEARS, HEAD MASTER, SRI GURU MAHARUDRASWAMY, RESIDENTIAL HIGH SCHOOL, UJJANIPURA, PAPER TOWN, BHADRAVATHI, SHIMOGA DISTRICT - 577 501.

¶101

DAYANANDA, A.V., S/O LATE VEERABASAPPA, AGED ABOUT 52 YEARS, C/O MALLIKARJUNAPPA, MALLIKARJUNA NILAYA, LINGAYAT BEEDI, JANNAPURA, BHADRAVATHI, SHIMOGA DISTRICT 577 301. SINCE DEAD BY LRS

¶102

MANJUNATH @ A.V. MANJUNATH, S/O LATE VEERABASAPPA, AGEDA BOUT 49 YEARS, HOTEL KEEPER AND AGRICULTURIST, AREBILACHI, TQ. BHADRAVATHI, DIST. SHIMOGA - 577 301.

¶103

SHASHIDHARA @ A.V. SHASHIDHARA, S/O LATE VEERABASAPPA,

¶104

AGED ABOUT 44 YEARS,

¶105

PROPERITOR, PROVISION STORES, AREBILACHI, TQ. BHADRAVATHI, DISTRICT SHIMOGA.

¶106

KARUNAKARA @ A.V. KARUNAKARA, S/O LATE VEERABASAPPA, AGED ABOUT 37 YEARS, R/O AREBILACHI, TQ. BHADRAVATHI,

¶107

8 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶108

DISTRICT SHIMOGA.

¶109

RUDRESHA @ A.V. RUDRESHA, AGED ABOUT 34 YEARS,

¶110

R/O AREBILACHI, BHADRAVATHI TQ. SHIMOGA DISTRICT.

¶111

SMT. VASANTHI @ A.V. VASANTHI, D/O LATE VEERABASAPPA AND W/O SURESH, HOUSE WIFE,

¶112

AGED 46 YEARS , CO- ICE FACTORY, HOLEHONNUR, BHADRAVATHI TALUK,

¶113

SHIMOGA DIST. - 577 301.

¶114

SMT. SHAILAJA @ A.V. SHAILAJA, D/O LATE VEERABASAPPA, AGED ABOUT 42 YEARS,

¶115

RANJIT MEDICAL STORES,

¶116

HOSAMANE ROAD, BEHIND VINAYAKA TALKIES, BHADRAVATHI.

¶117

SMT. KIRANA @ A. V. KIRANA, D/O LATE VEERABASAPPA, AGED ABOUT 29 YEARS, R/O AREBILACHI, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT.

¶118

…APPELLANTS

¶119

(BY SRI. K.CHANDRASHEKAR, ADVOCATE)

¶120

AND:

¶121

A. PARAMESHWARAPPA, S/O ANGADI NANDYAPPA, SINCE DECEASED BY:

¶122

1(A). PARVATHAMMA, D/O LATE A. PARAMESHWARAPPA,

¶123

9 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶124

AGED ABOUT 80 YEARS, R/O ARABILACHI, BHADRAVATHI TALUK - 577 301.

¶125

1(B). A.P TARADEVI, W/O B.N LOKESHAPPA, D/O LATE A. PARAMESHWARAPPA, AGED ABOUT 63 YEARS, HOUSEWIFE, BHRMAPPA NAGAR, SHIMOGA - 577 201.

¶126

1(C). GAYATHRI HADALAGI,

¶127

D/O LATE A. PARAMESHWARAPPA, W/O M.C HADALAGI, AGED ABOUT 60 YEARS, HOUSEWIFE.

¶128

1(D). A.P BHAGYAMMA,

¶129

W/O MALLIKARJUNA, D/O LATE A. PARAMESHWARAPPA, AGED ABOUT 58 YEARS, HOUSEWIFE.

¶130

1(E). SRIDEVI T.N,

¶131

D/O LATE A. PARAMESHWARAPPA, W/O TOTAPPA NYASANAGI, AGED ABOUT 55 YEARS, HOUSEWIFE.

¶132

1(F). A.P JAYADEVAPPA,

¶133

S/O LATE A. PARAMESHWARAPPA,

¶134

10 -

¶135

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶136

AGED ABOUT 53 YEARS, AGRICULTURIST.

¶137

1(G). A.P ONKARAPPA,

¶138

S/O LATE A. PARAMESHWARAPPA,

¶139

AGED ABOUT 51 YEARS.

¶140

1(H). NANDISH A.P,

¶141

S/O LATE A. PARAMESHWARAPPA,

¶142

AGED ABOUT 45 YEARS, ADVOCATE.

¶143

ALL THE ABOVE LRS ARE RESIDENT OF ARABILACHI POST,

¶144

BHADRAVATHI, SHIMOGA - 577 201.

¶145

…RESPONDENTS

¶146

(BY SRI R.GOPAL, ADVOCATE)

¶147

¶148

THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶149

JUDGMENT

¶150

Heard Sri.R.Gopal, learned counsel for the appellant

¶151

and Sri.K.Chandrashekar, learned counsel for the

¶152

respondent Nos.1 to 10.

¶153

11 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶154

Memo came to be filed and signed by advocates

¶155

for the appellant and respondents. Said memo reads as under:

¶156

"The appellant A.Parameshwarappa filed a suit in O.S.No.149/1997 in the court of Civil Judge Senior Division and JMFC at Bhadravathi seeking declaration that he has been allotted A schedule property to his share and B schedule property in favour of the defendants 1 to 10.

¶157

However, the O.S. came to be dismissed on 4.09.2006. against the said Judgment. The appellant filed RFA.2454/2006 similarly the defendants also filed appeal in RFA.2512/2006 against the said judgment in O.S. 149/97.

¶158

Now both the parties have agreed to settle the matter by allotting A schedule property to the appellant Parameshwarappa in RFA. 2454/2006 and B Schedule property to the Respondents in RFA. 2454/2006.

¶159

In view of the said arrangement between the parties A schedule property may be allotted to the share of appellant A parameshwarappa. B schedule property may be allotted in favour of defendants in O.S.149/97 (Respondents in

¶160

12 - NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶161

RFA.2454/2006). B schedule property already stands in the name of defendants in O.S.149/97 and appellants will not interfere with B schedule property.

¶162

Since A schedule property is in the joint name of appellant and respondents, the same may be mutated in the name of Appellant Parameshwarappa by LRs A1(a) to (i) and respondents have no objection with appellant to enjoy A schedule property.

¶163

In view of the said developoment the I.A. filed by the appellant in RFA.2454/2006 does not survive for consideration and may be accordingly dismissed.(I.A. for.Amendment)" .

¶164

In view of the memo, the Impugned Judgment

¶165

and decree needs to be modification. Hence, following:

¶166

ORDER

¶167

i. Both the appeals are dismissed in terms

¶168

of the memo dated 06.10.2023.

¶169

ii. Office is directed to pass a modified

¶170

decree in terms of memo dated

¶171

13 -

¶172

NC: 2023:KHC:36404 RFA No. 2454 of 2006 C/W RFA No. 2512 of 2006

¶173

06.10.2023, appending the copy of the

¶174

memo as part of the decree.

¶175

iii. No order as to costs.

¶176

Sd/JUDGE

¶177

AT List No.: 1 Sl No.: 39 CT: BHK

D Parameshwarappa v. Susheelamma

Case brief

What is this about?

What did the court decide?

D Parameshwarappa v. Susheelamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K Chinnappa Vs Sri C Krishnappa

Sri Jayarama Reddy S/O Late Muniswamappa Vs Sri Venkataswamy Reddy S/O Late Muniswamappa

Sri M v Shivanna Vs Smt Vimala

Smt K T Ranjini Vs Mrs Amrjit Kaur

Sri. Theerthe Gowda N M Vs Sri. v. Kempanna

Smt Rasal Kanwar Vs Sajjan Raj Kothari