Disposed

Sri Rangappa v. Sri Siddappa

Karnataka HC5 Oct 2023RSA/1877/2016

Case brief

AI extract

What is this about?

During the pendency of this Regular Second Appeal regarding a partition suit, the parties settled the dispute through the District Legal Services Authority via a comprehensive compromise agreement detailing the division of properties and relinquishment of interests.

What did the court decide?

The appeal was disposed of in terms of the compromise petition filed by the parties, who agreed on the division of properties and relinquishment of specific shares.

Sri Rangappa Vs Sri Siddappa — Partition | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 5^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

¶6

REGULAR SECOND APPEAL NO. 1877 OF 2016 (PAR)

¶7

BETWEEN:

¶8

SRI RANGAPPA S/O HANUMAPPA AGED ABOUT 57 YEARS SINCE DEAD BY HIS LR'S

¶9

1(A) SMT. SHANTHAMMA W/O LATE RANGAPPA AGED ABOUT 39 YEARS R/AT THOPPENAHALLI VILLAGE SANTHEBENNU HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 552

¶10

Digitally signed by R DEEPA Location: High Court of Karnataka

¶11

1(B) SRI. GANESH S/O LATE RANGAPPA AGED ABOUT 39 YEARS R/AT THOPPENAHALLI VILLAGE SANTHEBENNU HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 552

¶12

1(C) SMT. RAJESHWARI D/O LATE RANGAPPA W/O HALESH C.B. AGED ABOUT 34 YEARS R/AT CHIKKATHOGALERI HIRETHOGALARI POST DAVANAGERE DISTRICT – 577 514

¶13

2 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶14

SMT RANGAMMA D/O HANUMAPPA W/O BANIGARA MARIYAPPA AGED ABOUT 59 YEARS

¶15

SMT HALAMMA D/O HANUMAPPA W/O HALAPPA AGED ABOUT 55 YEARS

¶16

SMT RUDRAMMA D/O HANUMAPPA W/O LAKSHMAPPA AGED ABOUT 53 YEARS

¶17

SRI SHIVANARAPPA SIDDAPPA S/O AJJAPPA AGED ABOUT 59 YEARS

¶18

SRI VASUDEVA S/O SHIVANARAPPA SIDDAPPA AGED ABOUT 32 YEARS

¶19

SRI ANANDA S/O AJJAPA

¶20

AGED ABOUT 30 YEARS

¶21

APPELLANTS Nos. 2 TO 7 ARE ALL R/O THOPPENAHALLI VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT-577552

¶22

SMT PARAMMA @ SHANTHAMMA D/O HANUMAPPA W/O SHAMAPPA AGED ABOUT 49 YEARS R/O THURCHAGATTA VILLAGE KASABA HOBLI-577525 DAVANAGERE TALUK AND DISTRICT

¶23

3 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶24

SRI RAJAPPA S/O HANUMAPPA AGED ABOUT 37 YEARS R/O THOPENAHALLI VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶25

SMT GIRIJAMMA D/O HANUMAPPA W/O SHAMAPPA AGED ABOUT 49 YEARS R/O UPPARAHATTI MAHAGANAHALLI HOBLI CHANNAGIRI TALUK--577525 DAVANAGERE DISTRICT

¶26

SMT SHAILAMMA D/O HANUMAPPA W/O HALESHAPPA AGED ABOUT 43 YEARS R/O KAMANAHALLI HOSADURGA TALUK-577552 CHITRADURGA DISTRICT

¶27

SMT LAKSHMAMMA W/O HANUMAPPA AGED ABOUT 79 YEARS R/O THOPENAHALLI VILAGE SANTHEBENNU HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶28

…APPELLANTS

¶29

(BY SRI. M S HARISH KUMAR.,ADVOCATE)

¶30

AND:

¶31

SRI SIDDAPPA S/O THIMMAPPA AGED ABOUT 59 YEARS R/O CHANNAPURA

¶32

4 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶33

SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶34

SMT SUSHEELAMMA D/O THIMMAPPA AGED ABOUT 58 YEARS R/O NALAKUNDA POST MAYAKONDA HOBLI DAVANAGERE TALUK-577534 DAVANAGERE DISTRICT

¶35

SMT GANGAMMA D/O THIMMAPPA W/O KARIYAPPA AGED ABOUT 56 YEARS R/O CHANNAPURA SANTHEBENNURU HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶36

SRI NEELKANTA S/O ANJANAMMA AGED ABOUT 59 YEARS R/O RAMANAHALLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶37

SMT RENUKA D/O ANJANAMMA W/O SHIVANANDA AGED ABOUT 29 YEARS R/O THOPENAHALLI VILAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶38

SMT VEENA D/O ANJANAMMA AGED ABOUT 27 YEARS R/O THOPENAHALLI VILLAGE SANTHEBENNUR HOBLI

¶39

5 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶40

CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶41

SRI SHIVANANDA S/O THIMMAPPA AGED ABOUT 48 YEARS R/O THOPENAHALLI SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶42

SMT RANGAMMA D/O THIMMAPPA W/O MALLAPPA AGED ABOUT 48 YEARS R/O SAMALAPURA VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577552 DAVANAGERE DISTRICT

¶43

SMT MANJAMMA D/O THIMMAPPA W/O RANGAPPA AGED ABOUT 46 YEARS R/O UPPARABEEDI SANTHEBENNUR HOBLI CHANANGIRI TALUK-577552 DAVANAGERE DISTRICT

¶44

…RESPONDENTS

¶45

(BY SRI. SANDESH T B., ADVOCATE)

¶46

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.6.2016 PASSED IN R.A.NO.13/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHANNAGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.12.2010 PASSED IN O.S.NO.216/1989 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHANNAGIRI.

¶47

6 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶48

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

¶49

JUDGMENT

¶50

On 18.08.2023, on the submissions made by learned

¶51

counsel for the parties, matter was referred to Mediation Center, Davanagere. Pursuant to the order, the parties have appeared before the District Legal Services Authority, Davanagere. Accordingly, the parties have settled the matter and filed a compromise petition before the Mediator. The District Legal Services Authority, Davanagere, has submitted a report along with the compromise petition. The compromise petition reads as under:

¶52

"The Appellants and Respondents submits as follows:

¶53

1. The Appellants herein have filed that above appeal challenging the judgment and decree dated 20.06.2016 passed by the Sr. Civil Judge and JMFC at Channagiri in R.A.No.13/2021 confirming the judgment and decree passed by the Principal Civil Judge and JMFC at Channagiri dated 14.12.2010 in O.S.No.216/1989.

¶54

¶55

NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶56

2. It is submitted that the father of the Respondent No.1 to 3, Respondent No.7 to 9 and father of the wife of Respondent No.4 and mother of Respondent No.5 & 6 i.e., Sri Thimmappa filed the suit for partition and separate possession in O.S.No.216/1989 on the file of Principal Civil Judge and JMFC at Channagiri against the grand father of the Appellant No.1(a) to 1(c) and father of the Appellant No.2 to 11 i.e., Hunumappa. The said suit after contest came to be decreed on 14-12-2010 and half of the suit schedule properties were ordered to be given to the plaintiffs.

¶57

3. Aggrieved by the said Judgment and Decree the Appellants herein have preferred the RA No. 13/2011 on the file of Senior Civil Judge and JMFC at Channagiri. The said appeal also came to be dismissed vide Judgment and Decree dated 20-06-2016 by the Senior Civil Judge & JMFC at Channagiri.

¶58

4. Challenging the said Judgment and Decrees the Appellants herein have preferred the above appeal. This hon'ble court after hearing the appellants on admission was pleased to admit the same for hearing. However, during the pendency of the above appeal the dispute between the Appellants and Respondents have been settled with advice of friends and well wishers tried to

¶59

8 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶60

come to some understanding with regard to division of the properties which is suitable to all the parties. In the said process the Respondents herein who are entitled to receive half share in the entire suit schedule properties considering the fact the suit schedule properties are situated in different places and dividing the same by metes and bounds would not be helpful for cultivation and also usage of the same by both the parties have agreed to take 10 acres of land out of 13 acres 30 guntas in Sy.No.16/2 of Kallenahalli Village, SanthebennurHobli, Chanangiri Taluk i.e., Item No.1 of the suit schedule property and entire Item No.3 of the suit schedule property towards their share as full and final settlement. The Appellants herein accepting the said arrangement have decided to divide the properties as stated above. In view of the above said settlement the parties herein have agreed to modify the judgment and decree passed by the courts below on the following terms and conditions:

¶61

a) The Respondents herein jointly are entitled for 10 acres of land out of 13 acres 30 guntas in Sy.No.16/2 of Kallenahalli Village, SanthebennurHobli, ChanangiriTaluk i.e., Item No.1 of the suit schedule property and entire 8 guntas of land- in Sy.No.25/10 i.e., Item No.3 of the suit schedule property towards their share.

¶62

b) In view of allotment of their share as stated above the Appellants herein jointly and severally

¶63

9 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶64

relinquished their right, title and interest in respect of 10 acres of land out of 13 acre 30 guntas in Item No.1 and entire Item No.3 of the suit schedule property.

¶65

c) The Appellants herein have no objection to enter the name of the Respondents or in the name of their choice in the record of rights.

¶66

d) The Appellants herein are jointly entitled to keep the remaining properties mentioned in the Item No.1, 2, 4 to 10 of Suit Schedule properties towards their share and they have no objection to enter the name of Smt. Shanthamma i.e., the Appellant No.1(a) in respect of the share allotted to the Appellants.

¶67

e) The Respondents herein in view of receipt of their share as stated above have relinquished their right, title and interest in respect of the remaining properties mentioned in the Item No.1, 2, 4 to 10 of suit schedule properties and they have no objection to mutate the name of Smt. Shanthamma in the record of rights.

¶68

f) The possession of 10 acres of land in Item No.1 which is morefully described herein under the head of Schedule 'A' Property and Sy.No.25/10 measuring 08 guntas situated at Thoppenahalli which is morefully described under the head of Item No.2 of Schedule 'A' property (Under Schedule it has been mentioned as Item No.3) has been handed over to the Respondents and the appellants herein undertake not to interfere with the peaceful possession and enjoyment of the Respondents.

¶69

g) Further the Respondents herein undertake that they would not interfere with the peaceful possession and enjoyment of the Appellants over

¶70

10 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶71

the remaining portion of Item No.1, 2, 4 to 10 and they have also no objection to enter the name of any of the appellants as per their choice in the record of rights.

¶72

h) Both the parties assure to co-operate with each other to conduct the survey and to fix the boundaries and also to enter their respective names in the record of rights.

¶73

Wherefore it is prayed that this hon'ble court be pleased to modify the judgment and decree dated 20-06-2016 passed by the Senior Civil Judge & JMFC at Channagiri in R.A.No.13/2011 confirming the judgment and decree passed by the Principal Civil Judge & JMFC at Channagiri dated 14-12-2010 in O.S.No.216/1989 in terms and condition of this Joint Memo in the interest of justice and equity.

¶74

SCHEDULE

¶75

Item No. 1 : Agricultural land bearing Sy.No.16/2P of Kallenahalli village, SanthebennurHobli, ChannagiriTaluk measuring to an extent of 13 acres 30 guntas and bounded by:

¶76

East :Border of Siddanamatta and land of Chandrashekarappa West :Land of Channabasaiah North: Land of Siddanamatada Siddappa South: Road

¶77

11 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶78

Item No. 2 : Agricultural land bearing S.No.25/1 of Thoppenahalli village, SanthebennurHobli, ChannagiriTaluk measuring 1 acre 32 guntas and bounded by:

¶79

East : Land bearing S.No.25/2 West: Land of Karisiddaiah North: Land of Rangappa South: Road

¶80

Item No.3 : Agricultural land bearing S.No.25/10 of Thoppenahalli village, SanthebennurHobli, ChannagiriTaluk measuring 8 guntas and bounded by :-

¶81

East : S.No. 28, West : Land of Giriyappa North : Kana of Mahalingappa South: Kana of Hanumappa

¶82

Item No.4 : Agricultural land bearing Sy.No.32 of ThoppenahalliVillage, SanthebennurHobli, ChannagiriTaluk measuring 2 acres 12 guntas (Actual measurement is 3 acre 12 guntas) and bounded by:

¶83

East :- Land of Kambappal West :- Land of Rangaswamy North:- Land of Kambappa & tank, South:- Land of Basappa.

¶84

Item No.5 : Agricultural land bearing S.No.25 of Thoppenahalli village, SanthebennurHobli, ChannagiriTaluk measuring 5 guntas and bounded by :

¶85

East :- Land of Rudrappa West :- Sy.No.25/4

¶86

12 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶87

North:- Land of Mahalingappa South:-Road

¶88

Item No.6 : Agricultural land bearing S.No.25/4 of Thoppenahalli village, SanthebennurHobli, ChannagiriTaluk measuring 1 acre 28 guntas and bounded by :

¶89

East : Land of Rangappa West: S.No. 25/2 North: Land of Rangappa, S/o. Nagappa South: Road

¶90

Item No.7 : Agricultural land bearing Sy.No.25/2 of Thoppenahalli village, SanthebennurHobli, ChannagiriTaluk measuring 1 acre 32 guntas and bounded by:

¶91

East : Sy.No.25/4 West : Sy.No. 25/1 North: Land of Nagappa S/o. Doddappa South: Road

¶92

Item No.8: Agricultural land bearing Sy. No. 46/3 of Kallenahalli village, Santhebennurhobli, Channagiri Taluk measuring 3 acre 31 guntas bounded by:

¶93

East: Land of Hanumappadevaru West: ThoppenahalliGomala North: Land of Siddappa South: Land of Narasimhappa

¶94

Item No.9: One five ankanas country tiled house bearing K.No.27/situated at Toppenahalli and bounded by:

¶95

13 - NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶96

East: 3 ankanas house of joint family of plaintiff and defendants West: Road North: House of Rudrappa South: House of Rangappa

¶97

Item No.10: One Three ankanas mangalore tiled House situated at Thoppenahalli bounded by:

¶98

East: House of Thimmappa West: Road North: House of Rudrappa South: House of Rangappaa

¶99

SCHEDULE PROPERTIES

¶100

Item No.1: Agricultural land bearing Sy. No. 16/2P of Kallenahalli Village, Santhebennur hobli, Channagiri Taluk measuring to an extent of 10 acres out of 13 acres 30 guntas i.e., on the western portion and bounded by:

¶101

East: Remaining land in the same survey number allotted to Smt. Shanthamma West: Land of Channabasaiah North: Land of SiddanamatadaSiddappa South: Road

¶102

Item No.2: Agricutural land bearing S.No.25/10 of Thoppenahalli village, Santhebennurhobli, Channagiri Taluk measuring 8 guntas and bounded by:

¶103

East: S. No.28 West: Land of Giriyappa North: Kana of Mahalingappa South: Kana of Hanumappa"

¶104

14 -

¶105

NC: 2023:KHC:36066 RSA No. 1877 of 2016

¶106

The compromise petition is taken on record.

¶107

Accordingly, the appeal is disposed of in terms of

¶108

the compromise. Draw decree accordingly.

¶109

Sd/JUDGE

¶110

Sri Rangappa v. Sri Siddappa

Case brief

What is this about?

What did the court decide?

Sri Rangappa v. Sri Siddappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr Yadunandan K Vs Rajiv Gandhi University of Health Sciences

Ms Sheethal S Patil Vs Rajiv Gandhi University of Health Sciences

Mangalore Electricity Vs Mr H Venkatraya Pai

Sri Harveshetty @ Mole Harveshetty Vs Sri Kempaharuvaiah

Sri P Subba Rao Vs Sri P Rama Rao

Punyashree H K Vs Cbse Board