The High Court of Karnataka disposed of a Regular Second Appeal regarding a partition suit filed without daughters as coparceners. The court accepted a memo stating the matter was settled via a compromise decree including all coparceners.
The appeal was disposed of with no further order as the dispute was settled via a compromise decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:21897 RSA No. 2033 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 2033 OF 2008 (PAR)
BETWEEN:
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDENT OF KOKKARANA HOSAHALLI, BELLUR HOBLI - 571 418, ARANI POST, NAGAMANGALA TALUK, MANDYA DISTRICT.
…APPELLANTS
(BY SRI. SAGAR R., ADVOCATE AS AMICUS CURIAE VIDE ORDER DATED: 1/6/23)
AND:
NC: 2023:KHC:21897 RSA No. 2033 of 2008
D/O. NINGAMMA, AGE MAJOR, R/O KOKKARANA HOSAHALLI VILLAGE, ARANI POST, BELLUR HOBLI - 571 418, NAGAMANGALA TALUK, MANDYA DISTRICT.
…RESPONDENTS
(BY SRI. K. PRASANNA SHETTY, ADVOCATE FOR R1; SRI. RAJANIKANTH KULKARNI, ADVOCATE FOR R2)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 23.02.2008 PASSED INR A.NO.32/2007 ON THE FILE OF THE PRL.DISTRICT JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 01.03.2007 PASSED IN OS.NO.143/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., NAGAMANGALA.
THIS RSA, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for respondent No.1 has filed a memo along with a copy of the e-generated order sheet and compromise decree in O.S.No.274/2014 on the file of the Court of the Civil Judge and JMFC, Nagamangala, stating that the dispute between the parties in the said suit, along with
NC: 2023:KHC:21897 RSA No. 2033 of 2008
daughters coparceners, arrived at a settlement, and thus, the compromise decree is passed. Therefore, he submits that the appeal does not survive for consideration in view of the compromise decree passed in O.S.No.274/2014.
by which the instant R.S.A.No.2033/2008 is filed for suit for partition, but the daughters coparceners have not been made as parties. Subsequently, by including daughters coparceners, the parties have filed another suit in O.S.NO.274/2014 as above stated. Now it is stated that the matter has been settled between the parties, including all the coparceners. Hence, to this effect, a memo is filed.
is disposed of having settled between the parties.
Sd/JUDGE
GJM List No.: 2 Sl No.: 27
1 issue framed by the court
Whether the Regular Second Appeal survives considering that the parties arrived at a settlement via a compromise decree without daughters as coparceners.
1 provisions across 1 enactments
Chikkabeeramma
Sanna ShivanNA
Shankaraiah
Shivakumara
Shivarama
Vishala
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
