This judgment in a second appeals records a compromise petition filed under Order 23 Rule 3 read with Section 151 CPC regarding partition of land. The court observed that all parties voluntarily entered the compromise and directed drawing the decree accordingly.
Draw decree in terms of the compromise petition.
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NC: 2023:KHC:21378 RSA No. 2377 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO.2377 OF 2012 (DEC/INJ)
BETWEEN:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
S/O SIDDARAJAMMA @ GOWRAMMA AGED 38 YEARS R/O DASANUR VILLAGE KOULANGE HOBLI NANJANGUD TALUK – 571 312
NC: 2023:KHC:21378 RSA No. 2377 of 2012
MYSORE.
…APPELLANTS
(BY SRI. R C NAGARAJ., ADVOCATE)
AND:
RESPONDENT No.2 AND 3 ARE RESIDING AT DASANUR VILLAGE KOULANDE HOBLI, NANJANGUD TALUK MYSORE –571 312.
…RESPONDENTS
(BY SMT. KAVYA ANILKUMAR, ADVOCATE FOR SRI. M. SHIVAPPA ASSOCIATES FOR R2-R3 R1 DECEASED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 6.6.2012 PASSED IN R.A.NO.8/2011 ON THE FILE OF SENIOR CIVIL JUDGE, NANJANGUD, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 31.1.2011 PASSED IN OS.NO.146/2008 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, NANJANGUD.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:21378 RSA No. 2377 of 2012
JUDGMENT
Respondent Nos.1 to 3 have filed the suit against appellant Nos.1 to 4 in O.S No.146/2008 on the file of Additional Civil Judge and JMFC at Nanjanagud, seeking declaration that they are the owners of properties bearing Survey No.107/2 measuring one acre 7 guntas and property bearing Survey No.108 measuring 33 guntas having total extent of 2 acres 33 guntas. The said suit came to be dismissed by the judgment and decree dated 31.01.2011. The respondents filed the appeal in RA No.8/2011 against the appellants and the same came to be allowed. The said judgment passed in R.A No.8/2011 have been challenged in this second appeal.
Rule 3 read with Section 151 of CPC and the terms of the compromise petition are as under:
i) Parties to the compromise petition agree and declare that out of survey number 108 measuring 2 acres 33 guntas, respondent No.2 by name Basavarajappa shall be the absolute owner in
NC: 2023:KHC:21378 RSA No. 2377 of 2012
possession and enjoyment of property morefully described in the schedule below as Schedule-A.
ii) Parties to the compromise further agree and declare that out of survey number 108 measuring 2 acres 33 guntas, respondent No.3 by name Nagappa shall be the absolute owner in possession and enjoyment of property morefully described in the schedule below as Schedule-B.
iii) Parties to the compromise further agree and declare that out of survey number 108 measuring 2 acres 33 guntas, appellant No.2 by name Smt. Siddarajamma @ Gowramma @ Rajamma shall be the absolute owner in possession and enjoyment of property morefully described in the schedule below as Item No.1 under Schedule-C.
iv) Parties to the compromise further agree and declare that appellant No.2 by name Smt. Siddarajamma @ Gowramma @ Rajamma shall be the absolute owner in possession and enjoyment of property morefully described in the schedule below as item No.2 under Schedule-C.
v) Parties to the compromise further agree to have the khata and other revenue entries changed in their
NC: 2023:KHC:21378 RSA No. 2377 of 2012
respective names in respect of the suit schedule properties as per the above compromise petition.
vi) That parties to the compromise have entered into this compromise petition with their free consent, without there being any force, coercion or undue influence.
vii) After understanding the contents of this compromise petition both the parties have put their signature.
Wherefore parties to the compromise petition, pray that this Hon’ble Court may be pleased to record this compromise and pass the judgment and decree in terms of this compromise petition.
SCHEDULE
SCHEDULE - A
All that piece and parcel of land measuring one acre in Sy.No.108 situated at Dasanur Village, Koulande Hobli, Nanjangud Taluk, Mysuru District bounded on
East by : Nagappa’s Land West by : Revanna and Puttaswamy S/o Mantedappa’s Land North by : Mahadevappa & Rajashekar’s land South by : Siddarajamma @ Gowramma @ Rajamma
NC: 2023:KHC:21378 RSA No. 2377 of 2012
SCHEDULE - B
All that piece and parcel of land measuring one acre in Sy.No.108 situated at Dasanur Village, Koulande Hobli, Nanjangud Taluk, Mysuru District bounded on
East by : Mahadevappa’s Land West by : Basavarajappa’s Land North by : Shivappa Puttasubbappa’s land South by : Siddarajamma @ Gowramma @ Rajamma
SCHEDULE - C
1. All that piece and parcel of land measuring 33 (thirty three) guntas in Sy.No.108 situated at Dasanur Village, Koulande Hobli, Nanjangud Taluk, Mysuru District bounded on
East by : M. Mahadevappa’s Land West by : Revanna Mantedappa’s Land North by : Basavarajappa’s Land South by : Siddarajamma @ Gowramma @ Rajamma
2. All that piece and parcel of land bearing Sy.No.107/2 measuring one acre seven gunats (1 acre 7 guntas) situated at Dasanur Village, Koulande Hobli, Nanjangud Taluk, Mysuru District bounded on
East by : M. Mahadevappa’s Land West by : M.mahadevappa Late Mantedappa’s Land
NC: 2023:KHC:21378 RSA No. 2377 of 2012
North by : Siddarajamma @ Gowramma @ Rajamma
South by : Veerappa’s Land
appellant Nos.1 to 4 and respondent Nos.2 and 3. The appellants are identified by their counsel and respondents
are also identified by their respective counsel. Appellant Nos.1 to 4 and respondent Nos.2 and 3 submit that they voluntarily entered into the compromise and there is no force of anybody for entering into compromise and accepted the terms of the compromise. The terms of compromise are lawful. Respondent No.1 died during the pendency of the appeal and it is recorded that respondent Nos.2 and 3 are the legal representatives.
Draw decree in terms of compromise petition.
Sd/JUDGE
SKS
3 issues framed by the court
Whether a compromise petition filed under Order 23 Rule 3 read with Section 151 of CPC regarding partition of property can be recorded and decreed upon applicant's submission.
Whether the second appeal challenging the judgment allowing the appeal against compromise decree succeeds.
Whether all parties voluntarily entered into the compromise without coercion or undue influence.
2 provisions across 1 enactments
Rajamma W/o Late Mallappa
Siddarajamma @ Gowramma @ Rajamma
Gurusiddamma @ Sakamma
Shivakumar
Basamma (since dead)
Basavarajappa
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
