Brothers disputed declaration and permanent injunction over agricultural land after the trial court dismissed the suit under Section 34 of the Specific Relief Act. The matter was settled through Bangalore Mediation Centre, with the land divided among the appellant and two respondents.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 505 OF 2021(DEC/INJ)
C/W
RFA CROSS OBJECTION NO. 16 OF 2022(DEC/INJ)
IN RFA 505/2021 BETWEEN:
SRI N H GANGAIAH S/O LATE HANUMANTHAIAH @ KARIYAPPA AGED ABOUT 71 YEARS R/AT NETHENAHALLI VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-562120.
…APPELLANT
(BY SRI. SRIKANTH M P.,ADVOCATE)
Digitally signed by HEMALATHA A Location: High Court of Karnataka
AND:
PRESENTLY RESIDNG AT MARUTHI PROVISION STORE NO 44, RAMAKRISHNA LAYOUT MALAGALA MAIN ROAD
NAGARABHAVI, 2ND STAGE BANGALORE 560091.
…RESPONDENTS
(BY SRI. JAYARAMAIAH.,ADVOCATE FOR R1 & R2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST JUDGMENT AND DECREE DATED 20.03.2021 PASSED IN OS.NO.548/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
IN RFA CROB 16/2022 BETWEEN:
…CROSS OBJECTORS
(BY SRI. JAYARAMAIAH.,ADVOCATE)
AND:
SRI N H GANGAIAH S/O LATE HANUMANTHAIAH @ KARIYAPPA AGED ABOUT 73 YEARS R/AT NETHENAHALLI VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-562120.
…RESPONDENT
(BY SRI. SRIKANTH M P.,ADVOCATE)
THIS RFA CROB IN RFA 505/2021 IS FILED UNDER ORDER 41 RULE 22 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 20.03.2021 PASSED IN OS.NO.548/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL AND CROSS OBJECTION, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The parties have settled the matter under the aegis of the Bangalore Mediation Centre. The memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 reads as follows:
1. The Appellant has filed the suit bearing O.S. No. 548/2014 before the Addl. Senior Civil Judge,
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Magadi for declaration & permanent injunction in respect of the Suit Schedule Property. The Respondent has appeared before the Court and contested the matter by filing written statement that the Suit Schedule Property is the joint family property and they have partitioned the Suit Schedule Property as per panchayath palupatti and as per panchayat palupatti 0.18 Guntas land was allotted to the share of the first Respondent and 0.16 Guntas land was allotted to the share of the second Respondent and 0.26 Guntas land was allotted to the share of the Appellant and they are in possession of their respective shares as absolute owners.
2. The Addl. Senior Civil Judge, Magadi vide his judgment & decree Dt. 20.03.2021 has dismissed the suit by applying Section 34 of the Specific Relief Act holding that the Appellant is the owner of the Suit Schedule Property in terms of the sale deed and the Defendants/Respondents are also in possession of the Suit Schedule Property and Plaintiff did not seek the further relief of possession.
3. The Appellant, aggrieved by the judgment & decree passed by the Addl. Senior Civil Judge & JMFC, Magadi has preferred RFA 505/2021 by challenging the said judgement & decree Dt.
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20.03.2021. The Respondent has filed a crossobjection bearing No. 16/2022 in the appeal by challenging the finding given by the Addl. Senior Civil Judge & JMFC, Magadi by holding that the Appellant is the owner of the Suit Schedule Property without framing the issue about the division of the property and answering the division of the property.
4. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties along with their respective counsels were present, that the parties have resolved their disputes on the following terms and conditions:-
i. The Appellant and the Respondents agree that the Appellant shall have 0.43 Guntas in the Suit Schedule Property, which is morefully mentioned in the Schedule "A" hereunder, 0.08 Guntas is allotted to the share of the first Respondent, which is morefully mentioned in the Schedule "B" hereunder and 0.09 Guntas of land is allotted to the share of the second Respondent, which is morefully mentioned in the Schedule "C" hereunder.
ii. The property allotted to the share of the appellant N.H. Gangaiah is all that the part and parcel of the property measuring 0.43 Guntas,
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situated in Sy. No.155, Nethanahalli Village, Kasaba Hobli, Magadi Taluk, Ramanagara District and bounded on:
East by : Kalalah and Mariyanna's Land West by : Previously Narasamma's son Nagaraju's Land Presently Prameela and Shivamma's Land North by : Narayanappa's Land allotted in this Sy. No.
South by : Keshavamurthy's Land
iii. The property allotted to the share of the respondent No.1 Sanjeevaiah is all that the part and parcel of the property measuring 0.08 Guntas, situated in Sy. No. 155, Nethanahalli Village, Kasaba Hobli, Magadi Taluk, Ramanagara District and bounded on:
East by : Kalalah and Mariyanna's Land West by : Previously Narasamma's son Nagaraju's Land Presently Prameela and Shivamma's Land North by : Hanumanthaiah's Land South by : Narayanappa's Land allotted in this Sy.No.
iv. The property allotted to the share of the respondent No.2 Narayana is all that the part and
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parcel of the property measuring 0.09 Guntas, situated in Sy.No.155, Nethanahalli Village, Kasaba Hobli, Magadi Taluk, Ramanagara District and bounded on:
East by : Kalaiah and Mariyanna's Land
West by : Previously Narasamma's son Nagaraju's Land Presently Prameela and Shivamma's Land
North by : Sanjeevaiah's Land
South by : N.H Gangaiah's Land
In terms of the above agreement, the parties shall be put in possession as absolute owners of their respective shares without interfering with each other's shares in any manner. Accordingly, the decree may be drawn.
II. In view of the above said agreement entered into between the parties, pray that this Hon'ble Court be pleased to pass decree in terms of the settlement agreement in interest of justice.
III. The Parties will appear before the Hon'ble High Court for placing on record the present settlement and passing decree/orders in terms of this agreement.”
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terms of the memorandum of settlement extracted
hereinabove. The office is directed to draw up the decree accordingly.
Sd/JUDGE
List No.: 1 Sl No.: 41
CM
1 issue framed by the court
Whether the appeal and cross-objection over ownership and possession of Sy. No. 155 land could be resolved by the mediated settlement dividing the property between the brothers.
4 provisions across 2 enactments
Sri N H Gangaiah
Sri Sanjeevaiah
Narayana
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
