Regular Second Appeal filed against a judgment dismissing an appeal in a partition/succession suit. The present appeal was disposed of by accepting a compromise petition filed by the parties under Order XXIII Rule 3 CPC regarding the settlement of disputed property shares.
Compromise petition accepted; decree to be drawn in terms of the compromise terms.
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 05TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.119 OF 2009 (PAR)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
1(c). K. BHAGYALAKSHMI W/O LATE T.M. MANJUNATHA AGED ABOUT 52 YEARS R/AT THOTALAPALYA, MULBAGAL-563 131.
R/AT THOTALAPALYA MULBAGAL - 563 131.
…APPELLANTS
(BY SRI. C. VAMSHI KRISHNA, ADVOCATE FOR LRS. OF APPELLANT 1(a) TO 1(e) AND 3 TO 5)
AND:
NAGAPALYAM, PUNGANOOR, CHITTOR DISTRICT, ANDHRA PRADESH - 517 247.
1(b). TUNGA MANJUNATH S/O LATE HOTEL TUNGA RANGAPPA AGE: MAJOR C/O TUNGA LODGE, BEHIND OLD BUS STAND, PUNGANOOR, CHITTOR DISTRICT, ANDHRA PRADESH - 517 247.
1(c). MRS. RAJESHWARI W/O LATE RAMANJALU, POLICE DEPARTMENT AGE: MAJOR R/AT SATYA APARTMENT, SHYAM NAGAR, MASAB TANK, HYDERABAD, TELANGANA - 500 028.
2(a). D.K. SARALA SINCE DEAD BY LRS. 2(a)(i). BRIJESH B.S. S/O LATE SHIV KUMAR AGE: MAJOR.
2(a)(ii) PRANATHI B.S. D/O LATE SHIV KUMAR AGED ABOUT 17 YEARS (REP. BY HER GUARDIAN/BROTHER BRIJESH B.S.-RESPONDENT NO.2(a)(i). RESPONDENTS 2(a)(i) AND 2(a)(ii) ARE R/AT NO.31, THIRUMADHESWARA, II FLOOR, 20TH 'B' MAIN,
S.M.S. LAYOUT, J.P. NAGAR 5TH PHASE,
BENGALURU - 560 076.
2(b). MR. D.K. KUMAR S/O LATE KRISHNAIAH AGED ABOUT 38 YEARS R/AT NO.80, MANJUNATH NILAYA, 20TH 'B' MAIN, NEAR NILAKANTESHWARA PROVISION STORE, S.M.S. LAYOUT, J.P. NAGAR 5TH PHASE, BENGALURU - 560 076. 2(c). SMT. D.K. SUJATHA W/O SRINATH AGED: MAJOR R/AT NO.31, THIRUMADHESWARA, 2ND FLOOR, 20TH 'B' MAIN, S.M.S. LAYOUT, J.P. NAGAR 5TH PHASE, BENGALURU - 560 076. 3. SMT. VIMALA W/O LATE VIJAYA MOHAN AGE: MAJOR R/O NO.566, 10TH MAIN 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010.
…RESPONDENTS
(BY SRI. M. NARAYANA REDDY, ADVOCATE FOR R1(a) TO (c), R-2(b) AND (c); SRI. D. LAXMAN, ADVOCATE FOR R-3; SRI. D. RAGHU PRAKASH BABU, ADVOCATE FOR
R1(b), R-2(a)(i) AND R-2(a) (ii); V/O DATED 27.08.2010, NOTICE TO R4 IS DISPENSED WITH)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT AND DECREE DATED 04TH NOVEMBER, 2008 PASSED IN REGULAR APPEAL NO.18 OF 2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, KOLAR, DISMISSING THE APPEAL AND UPHOLDING THE JUDGEMENT AND DECREE DATED 02ND JANUARY, 2008 PASSED IN ORIGIANAL SUIT NO.229 OF 2002 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.) C/C III ADDITIONAL CIVIL JUDGE (SR.DN.), KOLAR, ITINERATING AT MULBAGAL.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Compromise petition is filed by the parties under Order XXIII Rule 3 read with Section 94 and 151 of the Civil Procedure Code.
NC: 2024:KHC:4814 RSA No. 119 of 2009
year 1987 and his whereabouts are not known to them and in the event, if the respondent No.4 or his legal heirs return, they are ready to give the share entitled to the respondent No.4.
Hence, compromise petition is accepted.
compromise petition.
Sd/JUDGE
ARK
3 issues framed by the court
Whether the compromise petition filed by the parties seeking settlement of shares in property is valid and acceptable to the court.
Whether the court can pass a decree based on the terms agreed upon in the compromise petition.
How to deal with a respondent whose whereabouts are unknown but who has agreed to the settlement terms.
3 provisions across 3 enactments
T. REDDAMMA
K. MANJUNATH
M.L. PADMANABHA
M.L. SATHYANARANAYA
M.L. PURUSHOTHAMA
JAYALAKSHMI
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
