Disposed

Shri Venkataswamy v. Shri Sekharappa

Karnataka HC12 Jul 2023RSA/1173/2016

Case brief

AI extract

What is this about?

The Court allowed a settlement between appellants and respondents in a Regular Second Appeal. After recording a Compromise Petition filed voluntarily, the Court set aside the impugned order regarding land succession and directed the registry to draw a decree in terms of the compromise.

What did the court decide?

The judgment and decree of the District Judge relating to Sy.No.108/4 were set aside as per terms of the Compromise Petition; a decree to be drawn accordingly.

Shri Venkataswamy Vs Shri Sekharappa — Succession and Inheritance | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 12^TH DAY OF JULY, 2023

¶5

BEFORE

¶6

THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1173 OF 2016 (PAR)

¶7

BETWEEN:

¶8

SHRI VENKATASWAMY SINCE DECEASED, BY HIS LRS,

¶9

SMT.MUNIVENKATAMMA, W/O LATE SHRI VENKATASWAMY, (SINCE DEAD, REPRESENTED BY LR'S, APPELLANTS No.2 TO 4)

¶10

SHRI V.CHANDRAPPA S/O LATE SHRI VENKATASWAMY, AGED ABOUT 54 YEARS, R/AT NO.8, 6^TH CROSS, VASANTHANAGAR, BENGALURU - 560 001.

¶11

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

¶12

SHRI RAVI S/O LATE SHRI VENKATASWAMY, AGED ABOUT 46 YEARS, R/AT NILAKANTAPURA VILLAGE, CHAMARAHALLI POST, UTHUR HOBLI, KOLAR TALUK & DISTRICT - 563 103.

¶13

SMT.SUJATHA D/O LATE SHRI VENKATASWAMY, W/O SHRI CHENNARAYAPPA, AGED ABOUT 42 YEARS, R/AT HOSURNBAND VILLAGE, KANNUR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 562 149.

¶14

¶15

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶16

SHRI RAMAKRISHNAPPA H/O LATE SMT.SARASWATHAMMA, AGED ABOUT 49 YEARS,

¶17

SMT.MALA D/O LATE SARASWATHAMMA, AGED ABOUT 32 YEARS,

¶18

SMT.BABY D/O LATE SMT.SARASWATHAMMA, AGED ABOUT 29 YEARS,

¶19

APPELLANTS 5 TO 7 ARE R/AT AYYAPPANAHALLI VILLAGE, BETHAMANGALA HOBLI, BANGARPET TALUK, KOLAR DISTRICT - 563 114.

¶20

…APPELLANTS

¶21

(BY SRI. G.A.SRIKANTE GOWDA., ADVOCATE)

¶22

AND:

¶23

SHRI SEKHARAPPA SINCE DEAD BY LR'S,

¶24

1(a) SMT.PADMAMMA W/O LATE SHEKARAPPA, AGED ABOUT 55 YEARS,

¶25

1(b) SHRI. MUNE GOWDA S/O LATE SHEKARAPPA, AGED ABOUT 38 YEARS,

¶26

BOTH R/AT MITTIGIGANAHALLI VILLAGE, BIDARALLI HOBLI, BENGALURU EAST TALUK.

¶27

1(c) SMT.ANITHA W/O ANANTH

¶28

¶29

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶30

D/O LATE SHEKARAPPA, AGED ABOUT 35 YEARS, R/AT KEMPANAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK.

¶31

SMT.HEMAKKA, D/O LATE KEMPANNA, AGED ABOUT 70 YEARS,

¶32

AS PER ORDER DATED 12.07.2023 RESPONDENT NOS.3 TO 8 ARE DELETED

¶33

SHRI NARAYANAPPA S/O LATE KARIYAPPA, H/O SMT. PADMAMMA, AGED ABOUT 59 YEARS,

¶34

SMT.ROOPA D/O NARAYANAPPA, W/O LATE MANJUNATHA, AGED ABOUT 36 YEARS,

¶35

SMT.MAMATHA D/O NARAYANAPPA, AGED ABOUT 33 YEARS, RESPONDENTS 9 TO 11 ARE R/AT CHANNASANDRA VILLAGE, BHUVANAGIRI EXTENSION, BANASWADI POST, K.R.PURAM HOBLI, BENGALURU - 560 043.

¶36

…RESPONDENTS

¶37

(BY SRI. S.MUNIRAJU., ADVOCATE FOR R1[a-c], 2, 9 TO 11)

¶38

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.

¶39

¶40

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶41

THIS APPEAL IS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

¶42

Sri.G.A.Srikante Gowda., learned counsel for appellants and Sri.S.Muniraju., learned counsel for respondents 1(a - c), 2, 9 to 11 have appeared in person.

¶43

Learned counsel for the respective parties submits that appellants and respondents 1(a - c), 2, 9 to 11 have arrived at a settlement and a Compromise Petition under Order 23 Rule 3 of CPC has been filed by both the parties. Counsel therefore, submits that the Compromise Petition may be placed on record and the appeal may be disposed of in terms of the Compromise arrived at between the parties.

¶44

Learned counsel for the respective parties submits that Sri.Chandrappa - Special Power of Attorney holder of appellants 3 to 7 and Smt.Padmamma, Sri.Mune Gowda, Smt.Anitha, Smt.Hemakka, Sri.Narayanappa, Smt.Roopa and Smt.Mamatha - respondents 1(a - c), 2, 9 to 11 are personally present before the Court and they have been duly identified by their respective counsel.

¶45

¶46

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶47

When queried by this Court, the parties state that they have indeed settled their dispute and have arrived at a compromise and that the appeal may be disposed of in terms of the compromise arrived at by them. They further state that they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side.

¶48

Counsel jointly submits that the Compromise Petition may be taken on record and the appeal may be disposed of in terms of the Compromise Petition.

¶49

The Compromise Petition is taken on record. I have perused the same with utmost care.

¶50

On perusal of the Compromise Petition, this Court finds that the terms of Compromise Petition are lawful and that there is no legal impediment for accepting the same.

¶51

In terms of the compromise arrived at between the parties, the Judgment and Decree dated:06.06.2016 passed by the Court of Prl.District Judge, Bengaluru Rural District, Bengaluru in R.A.No.6/2016 in so far as it relates to counter

¶52

¶53

NC: 2023:KHC:24138 RSA No. 1173 of 2016

¶54

claim of LRs of respondent No.1 i.e., Respondents 1(a) to (c), 2, 9 to 11 in respect of Sy.No.108/4 is set-aside.

¶55

SCHEDULE

¶56

All that part and parcel of the land bearing Sy.No.108/4 measuring 25 guntas of Kannuru Village, Bidarahalli Hobli, and Bangalore East Taluk

¶57

and bounded on:

¶58

East by : Chandrappa's property West by: Road North : Channel South : Shanbogh sathyappa's property

¶59

The Regular Second Appeal is accordingly, disposed of

¶60

in terms of the Compromise Petition.

¶61

The Registry concerned is hereby directed to draw the decree in terms of the Compromise Petition.

¶62

Sd/JUDGE

¶63

TKN List No.: 1 Sl No.: 63

Shri Venkataswamy v. Shri Sekharappa

Case brief

What is this about?

What did the court decide?

Shri Venkataswamy v. Shri Sekharappa

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

Smt.Sharada Shedthy Vs Smt.Madhu Hengsu

Smt. N. Gangarathnamma Vs Smt. Gangamma

Sri.L.Munikrishnappa Vs Sri.Siddalingappa

The Chief Secretary Vs Sri M M Chandrappa

Sri Seetharama Shetty Vs Smt Lakshmi

Sri J B Fakeer Sab Vs Smt Zahira Khasim