Allowed

Shri Doddananjappa v. Shri Shekharappa

Karnataka HC19 Dec 2024RSA/1430/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the second appeal based on a compromise petition filed by all parties. The court accepted the mutual settlement terms regarding the allotment of various properties listed in schedules A through J to resolve the partition dispute arising from the lower court judgment and decree. The decree of the appeal and the original suit was modified accordingly.

What did the court decide?

Compromise petition accepted; appeal allowed to the extent of the compromise; judgment and decree of lower courts modified to reflect schedule allotments.

Shri Doddananjappa Vs Shri Shekharappa — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:52595 RSA No. 1430 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1430 OF 2016 (PAR)

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BETWEEN:

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SHRI DODDANANJAPPA, S/O LATE KEMPANNA, AGED ABOUT 69 YEARS,

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SHRI CHIKKANANJAPPA, S/O LATE KEMPANNA, AGED ABOUT 59 YEARS,

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BOTH ARE R/A MITTIGANAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 562 149.

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…APPELLANTS

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[BY SMT. HARSHITHA B. HIREMATH ADVOCATE FOR SRI K.S.UDAY, ADVOCATE (PH)]

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AND:

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SHRI SHEKHARAPPA, SINCE DEAD BY HIS LRs,

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1(a) SMT. PADMAMMA, W/O LATE SHEKARAPPA, AGED ABOUT 55 YEARS,

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Digitally signed by ANUSHA V Location: High Court Of Karnataka

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1(b) SMT. ANITHA, D/O LATE SHEKARAPPA, AGED ABOUT 33 YEARS,

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1(c) SRI S. MUNEGOWDA, S/O LATE SHEKARAPPA, AGED ABOUT 31 YEARS, ALL ARE R/AT MITTIGANAHALLI VILLAGE, KANNUR POST, BIDARAHALLI HOBLI, BANGALORE - 562 149. 2. SMT. HEMAKKA, D/O LATE KEMPANNA, W/O LATE MUNISWAMY, AGED ABOUT 76 YEARS, R/AT KANNUR VILLAGE AND POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 562 149.

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SMT. KANTHAMMA, W/O LATE B. MUNIYAPPA, AGED ABOUT 70 YEARS, D/O LATE KEMPANNA, R/AT NO.15, 5^TH MAIN 10^TH CROSS, GIDDAPPA BLOCK, GANGENAHALLI, BANGALORE - 560 032.

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SMT. AKKAMMA, W/O LATE ANJANAPPA, AGED ABOUT 68 YEARS, D/O LATE KEMPANNA, R/AT ARADESHANAHALLI VILLAGE, AND POST, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110.

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NARAYANAPPA, S/O LATE KARIYAPPA, AGED ABOUT 60 YEARS, H/O SMT PADMAMMA,

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SMT. ROOPA, W/O LATE MANJUNATHA, D/O NARAYANAPPA, AGED ABOUT 36 YEARS,

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SMT. MAMATHA, D/O NARAYANAPPA, AGED ABOUT 33 YEARS, RESPONDENTS 5 TO 7 ARE R/AT C/O SHESHAPPA, CHANNASANDRA VILLAGE, BHUVANGIRIA EXTENSION, BANASWADI POST, K.R. PURAM HOBLI, BANGALORE - 560 043.

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SHRI RAVINDRA, SINCE DEAD BY LRs

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8(a) SMT. RADHA, W/O LATE RAVINDRA, AGED ABOUT 54 YEARS,

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8(b) SMT. SUSHMA, D/O LATE RAVINDRA, AGED ABOUT 36 YEARS,

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8(c) SMT. VEENA, D/O LATE RAVINDRA, AGED ABOUT 32 YEARS, RESPONDENTS 8(a) TO (c) ARE R/A NO.15, 5^TH MAIN, 10^TH CROSS, GIDDAPPA BLOCK, GANGANAGAR, BANGALORE - 560 032.

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SHRI VIJAYENDRA, (WRONGLY MENTIONED AS VIJAYAPPA IN O.S.) S/O KEMPANNA, AGED ABOUT 46 YEARS, R/AT MITTIGANAHALLI VILLAGE, KANNUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 562 149.

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SHRI. V CHANDRAPPA, S/O LATE VENKATASWAMY, AGED ABOUT 62 YEARS, R/AT NO.8, 6^TH CROSS, VASANTH NAGAR, BANGALORE - 560 001.

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SHRI. RAVI, S/O VENKATASWAMY, AGED ABOUT 52 YEARS, R/AT NEELAKANTAPURA VILLAGE, CHAMARAHALLI POST, UTHUR HOBLI, KOLAR TALUK AND DISTRIC T - 563 103.

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SMT SUJATHA, D/O LATE VENKATASWAMY, AGED ABOUT 48 YEARS, W/O CHANNARAYAPPA, AGED ABOUT 48 YEARS, R/AT HOSUR BANDE VILLAGE, NEAR PETROL BUNK, KANNUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 562 149.

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SHRI RAMAKRISHNAPPA, H/O LATE SARASWATHAMMA, AGED ABOUT 38 YEARS,

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SMT. MALA, D/O LATE SMT. SARASWATHAMMA, AGED ABOUT 24 YEARS,

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NC: 2024:KHC:52595 RSA No. 1430 of 2016

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SMT. BABY

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D/O LATE SARASWATHAMMA, AGED ABOUT 24 YEARS, RESPONDENTS NO.13 TO 15 ARE R/A AYYAPANAHALLI VILLAGE, BETHAMANGALA HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 114.

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RESPONDENTS NO.10 TO 15 ARE DELETED V/O DATED 19.12.2024

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…RESPONDENTS

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[BY SRI SHYAM SUNDER BAJPEKAR, ADV., FOR R4 & R9 (PH); SRI S.M. RAJU, ADVOCATE FOR R1 (a-c), R2, R3, R5 TO R8 (a-c) PH; V/O DATED 19.12.2024 R10 TO R15 ARE DELETED]

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THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.06.2016 PASSED IN R.A.NO.153/2015 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 28.09.2015 PASSED IN O.S.NO.643/1995 ON THE FILE THE I ADDL. SENIOR CIVIL JUDGE.

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THIS APPEAL, COMING ON FOR HEARING ON I.A., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Challenging judgment and decree dated 06.06.2016

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passed by Principal District Judge, Bengaluru Rural District, Bengaluru, in R.A.no.153/2015 and judgment and decree dated 28.09.2015 passed by I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, in O.S.no.643/1995, this appeal is filed.

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Learned counsel for parties submits that during pendency of this appeal, they have agreed to settle their

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5 - NC: 2024:KHC:52595 RSA No. 1430 of 2016

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dispute as per terms incorporated in memorandum of compromise petition filed today.

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Parties are present and are identified by their

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respective counsel.

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On interaction, parties have stated that terms of compromise along with particulars of properties mentioned in schedules are explained to them and after understanding same, they have affirmed compromise out of their free will and volition without there being any threat, coercion or inducement from anybody.

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Terms of compromise petition reads as follows:

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"The Appellants and Respondents herein jointly submit as under:

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1. It is submitted that, initially the suit was filed by the respondent No.1 against his father, appellants and the respondents No.8 & 9 seeking for partition and separate possession in respect of the ancestral and joint family properties on the file of the 1^st Additional Senior Civil Judge, at Bangalore Rural District, Bangalore, in O.S.No.643/1995. During pendency of the suit the 1^st respondent's father Kempanna died leaving behind his legal heirs, after his death the 1^st respondent had filed an LRs application to bring the LR's on record and the said application came to be allowed. The 2^nd respondent came on

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record as plaintiff No.2, the respondents No.3 to 7 came on record as defendants 1(a) to 1(g) before the trial Court. After contest, the suit came to be decreed in part and the claim of the respondents No.1 and 2 (plaintiffs No.1 & 2) is dismissed in respect of schedule-B property.

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2. Aggrieved by the said judgment and decree the appellants have preferred an appeal before the appellate court in R.A.No.153/2015. The respondents No.5 to 7 have preferred an appeal aggrieved by the finding given on the additional issue No.1 in R.A.No.6/2016. The appellate Court has partly allowed in R.A.No.153/2015 and allowed the appeal in R.A.No.6/2016.

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3. Being aggrieved by the judgment and decree passed in R.A.No.153/2015, the appellants / Defendants-1 & 2 have preferred the above appeal. When that, being the fact and circumstances, at the intervention of well wishers, elders, relatives and family friends, the appellants and the respondents have settled the matter amicably so as to put an end for further litigation and terms of the Compromise petition are clearly set down as hereunder.

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4. Properties described in 'A' Schedule to this compromise petition are allotted to the share of Appellant-1/Defendant-2. Similarly, properties described in 'B' Schedule to this compromise petition are allotted to the share of Appellant2/Defendant-3. Similarly, properties described in 'C' Schedule to this compromise petition are allotted to the share of Respondents-1(a) to (c)/Lrs of Plaintiff-1. Similarly, the properties

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described in 'D' Schedule to this compromise petition are allotted to the share of Respondents8 (a) to (c)/Lrs of Defendant-4. Similarly, the properties described in 'E' Schedule to this compromise petition are allotted to the share of Respondent-9/Defendant-5. Similarly, property described in 'F' Schedule to this compromise petition is allotted to the share of Respondent2/Plaintiff-2. Similarly, property described in 'G' Schedule to this compromise petition is allotted to the share of Respondent-3/Defendant-1(a). Similarly, property described in 'H' Schedule to this compromise petition is allotted to the share of Respondent-4/Defendant-1(b). Similarly, property described in J' Schedule to this compromise petition allotted to the share of Respondent-6 and 7/Defendants-1(d) & (e), as the Respondent-5/Defendant-1(c) is not interested take any share in his family properties since, his daughters who are the Respondents-6 & 7 are alone taking the share as mentioned in the 'J' Schedule hereunder.

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5. Appellant-1/Defendant-2 has accepted the properties described in 'A' Schedule hereto towards his share. Appellant-2/Defendant-3 has accepted the properties described in 'B' Schedule hereto towards his share. Respondents-1(a) to (c) have jointly accepted the properties described in 'C' Schedule to this compromise petition towards their share. Respondents-8(a) to (c) have jointly accepted the properties described in 'D' Schedule to this compromise petition towards their share. The Respondent-9/Defendent-5 has accepted the properties described in 'E' Schedule to this compromise petition towards his share.

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Respondent-2/Plaintiff-2 has accepted the property described in 'F' Schedule to this compromise petition towards her share. The Respondent-3/Defendent-1(a) has accepted the property described in 'G' Schedule to this compromise petition towards her share. The Respondent-4/Defendent-1(b) has accepted the property described in 'H' Schedule to this compromise petition towards her share. The Respondents-6 and 7/Defendents-1(d) and (e) also have accepted the property described in 'J' Schedule to this compromise petition towards their respective share.

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6. Appellant-1/Defendant-2 is put in physical possession of 'A' Schedule Properties. He shall be entitled to deal with 'A' Schedule Properties in any manner he likes as absolute owner. The Appellant-2 and other Respondents have no claims whatsoever over 'A' Schedule Properties.

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7. Appellant-2/Defendant-3 is put in physical possession of 'B' Schedule Properties. He shall be entitled to deal with 'B' Schedule Properties in any manner he likes as absolute owner. The Appellant-1 and other Respondents have no claims whatsoever over 'B' Schedule Properties.

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8. Respondents-1(a) to (c) are put in physical possession of 'C' Schedule Properties. They shall be entitled to deal with 'C' Schedule Properties in any manner they likes as absolute joint owners. The Appellants and other Respondents have no claims whatsoever over 'C' Schedule Properties.

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9. Respondents-8(a) to (c) are put in physical possession of 'D' Schedule Properties. They shall

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be entitled to deal with 'D' Schedule Properties in any manner they likes as absolute owners. The Appellants and other Respondents have no claims whatsoever over 'D' Schedule Properties.

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10. Respondent-9/Defendant-5 is put in physical possession of 'E' Schedule Properties. He shall be entitled to deal with 'E' Schedule Properties in any manner he likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'E' Schedule Properties.

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11. Respondent-2/Plaintiff-2 is put in physical possession of 'F' Schedule Property. She shall be entitled to deal with 'F' Schedule Property in any manner she likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'F' Schedule Property.

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12. Respondent-3/Defendent-1(a) is put in physical possession of 'G' Schedule Property. She shall be entitled to deal with 'G' Schedule Property in any manner she likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'G' Schedule Property.

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13. Respondent-4/Defendent-1(b) is put in physical possession of 'H' Schedule Property. She shall be entitled to deal with 'H' Schedule Property in any manner she likes as absolute owner. The Appellant and Respondents have no claims whatsoever over 'H' Schedule Property.

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14. Respondents-6 and 7/Defendent-1(d) and (e) are put in physical possession of 'J' Schedule Property. They shall be entitled to deal with 'J' Schedule Property in any manner she likes as

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NC: 2024:KHC:52595 RSA No. 1430 of 2016

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absolute owner. The Appellants and other Respondents have no claims whatsoever over 'J' Schedule Property.

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15. Each party shall at the request of the other party or parties, do execute and perform or cause to be done, executed and performed, every such act, deeds and things or writings whatsoever as may be required for further better and more perfectly share the allotments of the joint estate hereunder made or for rectification of any error or omission.

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16. The terms of settlement herein agreed shall be conclusive and binding on all the parties and the same shall not be re-opened under any circumstances.

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17. The appellants and the respondents have arrived for amicable settlement without any pressure, force or compulsion and they have entered into the settlement of compromise with their own will and volition.

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18. The appellants and the respondents have subscribed their respective signatures and thumb impression to this compromise petition after knowing and understanding the terms of the compromise petition.

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SCHEDULE - A PROPERTIES

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PROPERTIES ALLOTTED TO THE SHARE OF SRI DODDANANJAPPA - APPELLANT-1.

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1. All the piece and parcel of the land measuring 01(One) Acre 30 guntas out of 4 acres 33 guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Chagalatti Lake,

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West by: Government Road,

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North by: Portion of land in same Survey No.95/2 allotted to the share of Chikkananjappa,

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South by: Government Road.

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Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.

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2) All the piece and parcel of the land measuring 17½ guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/1 allotted to the share of Chikkanajappa,

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West by: Portion of land in same Survey No.87/1 allotted to Share of Akkamma,

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North by: Portion of land in survey number 88 allotted to the share of Doddananjappa,

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South by: Land belonging to Mottappa in Same Survey number.

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3) All the piece and parcel of the land measuring 04³ /4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/1 allotted to the share of Chikkanajappa,

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West by: Bayapanahalli Gadi,

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North by: A Portion of survey number 88 allotted to the share of Doddananjappa,

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South by: Land belonging to Mottappa in Same Survey number.

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4) All the piece and parcel of the land measuring 06¹ /2 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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NC: 2024:KHC:52595 RSA No. 1430 of 2016

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East by: Portion of land in same Survey No.87/2 allotted to the share of Chikkananjapра,

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West by: Bayappanahalli Gadi,

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North by: Portion of land in survey number 87/1 belonging to Motappa,

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South by: Land belonging to Mottappa in Same Survey No.87/2.

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5) All the piece and parcel of the land measuring 17 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/2 allotted to the share of Chikkananjappa,

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West by: Portion of land in same Survey No.87/2 allotted to the share of Akkamma,

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North by: Portion of land in survey number 87/1 belonging to Mottappa,

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South by: Portion of survey number 87/2 belonging to Mottappa,

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6) All the piece and parcel of the land measuring 01 (One) acre 29¹ /2 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.88 allotted to the share of Chikkananjappa,

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West by: Portion of land in same Survey No.88 allotted to share of Akkayamma (Defendant-1b),

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North by: Survey number 91/1

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South by: Portion of land in survey number 87/1 allotted to the share of Doddananjappa (Defendant-1),

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Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to

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the usage of other sharers in same survey number.

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7) All the piece and parcel of the land measuring 29³ /4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in Survey No.87/1 allotted to the share of Chikkanajappa,

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West by: Bayappanahalli Gadi,

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North by: Survey number 92

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South by: Portion of land in survey number 87/1 allotted o the share of Doddananjappa,

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Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.

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8) All the piece and parcel of the land measuring 4 acre 32 guntas (including three guntas phut Kharab) in Sy.No.266 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

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East by: Kadabelappa's land,

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West by: Sonappa and papanna's lands,

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North by: MRL Sheriff's land and

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South by: Rock (Bande).

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9) All the piece and parcel of the land measuring 6½ guntas out of 2 acres in present Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

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East by: Portion of land in same Sy.No.271/P1 allotted to Vijayendra,

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West by: Portion of land in same Sy.No.271/P1 allotted to Chikkananjappa,

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North by: Portion of land in same Sy.No.271/P1 belonging to Mottappa,

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South by: Portion of land same Sy.No.271/P1 belonging to Mottappa.

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10) All the piece and parcel of the land measuring 10¹ /2 guntas in Sy.No.1/1 out of 1 acre 13¹ /2 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,

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East by: Portion of land in same survey number belonging to Mottappa,

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West by: Government Road and Gramatana,

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North by: Portion of land in same survey number allotted to Chikkananjappa,

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South by: Survey number 15.

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Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.

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11) All the piece and parcel of Northern portion in Khanishumari Number 25, measuring East to West 41 feet and North to South 48 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,

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East by: Khanishmari Number 47,

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West by: House belonging to Ramakka and Muniyappa,

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North by: Land belonging to Doddananjappa

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South by: Remaining southern portion in same Khaneshumari Number.

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12) All the piece and parcel of Khanishumari Numbers.57 and 47, measuring East to West 24 feet and North to South 15 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,

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East by: Government Road,

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West by: Khanishmari Number 25 allotted to the share of Doddananjappa,

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North by: Property belonging to Chikkananjappa,

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South by: Khanishmari Numbers 49, 50 and 51.

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13) All the piece and parcel of Khanishumari Numbers. 49, 50, and 51, measuring East to West 45 feet and North to South 12 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,

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East by: Government Road,

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West by: House Property belonging to Papanna,

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North by: Khanishmari Number.47 belonging to Doddananjappa,

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South by: House properties belonging to Channappa and Papanna.

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14) All the piece and parcel of the house property bearing Site No.16 (Sy.No.17/3), measuring East to West 40 feet and North to South 60 feet, situated at 10^th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the,

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East by: Private property (Sy.No.17/3),

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West by: Road,

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North by: G.D. Rama Iyer's house, and

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South by: Private property (Sy.No.17/3)

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15) All the piece and parcel of the land measuring land measuring 12 Guntas in Sy.No.131 of Kannaur Village Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk)

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East by: Portion of same Sy.No.131 allotted to the shares of Padmamma, Anitha and Munegowda,

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West by: Byrathi Suresh Property in Sy.No.131,

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North by: Sy.No.271,

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South by: Sy.No.50 of Kannur Village.

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16. All that piece and parcel of the land measuring 28 Guntas in Survey No.13 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,

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East by: Raju Coluve,

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West by: Motappa land in Sy.No.13,

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North by: Lands of Chikkananjappa and Gowramma in Sy.No.14/2 & 14/3,

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South by: Land of Muniraju, S/o Cheannappa in Sy.No.13.

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SCHEDULE-B PROPERTIES

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PROPERTIES ALLOTTED TO THE SHARE OF SRI CHIKKANANJAPPA - APPELLANT-2.

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1) All the piece and parcel of the land measuring 5¹ /4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/1 allotted to the share of Padmamma, Anitha and Munegowda,

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West by: Portion of land in same Survey No.87/1 allotted to share of Doddananjappa,

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North by: Portion of land in survey number 88 allotted to the share of Chikkananjappa,

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South by: Land belonging to Mottappa in Same Survey number.

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2) All that piece and parcel of the land measuring 19³ /4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/1 allotted to the share of Vijayendra,

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West by: Portion of land in same survey number allotted to the share of Doddananjappa,

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North by: Portion of land in survey number 88 allotted to the share of Chikkananjappa,

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South by: Land belonging to Mottappa in Same Survey number.

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3) All the piece and parcel of the land measuring 05¹ /2 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

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East by: Portion of land in same Survey No.87/2 allotted to the share of Padmamma, Anitha and Munegowda.

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West by: Portion of land in same Survey No.87/2 allotted to the share of Doddananjappa,

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North by: Portion of land in survey number 87/1 belonging to Mottappa,

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South by: Land belonging to Mottappa in Same SurveyNo.87/2.

¶205

4) All the piece and parcel of the land measuring 19 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶206

East by: Portion of land in same Survey No.87/2 allotted to the share of Vijayendra,

¶207

West by: Portion of land in same Survey No.87/2 allotted to the share of Doddananjappa,

¶208

North by: Portion of land in survey number 87/1 belonging to Mottappa,

¶209

South by: Portion of land in survey number 87/2 belonging to Mottappa,

¶210

5) All the piece and parcel of the land measuring 19¹ /4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶211

East by: Portion of land in same Survey No.88 allotted to the share of Padmamma, Anitha and Munegowda,

¶212

West by: Portion of land in same Survey No.88 allotted to the share of Doddananjappa,

¶213

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶214

18 -

¶215

North by: Survey number.92

¶216

South by: Portion of land in survey number 87/2 allotted to the share of Chikkananjappa,

¶217

Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.

¶218

6) All the piece and parcel of the land measuring 01 acre 26³ /4 guntas out of 8 acres 01 Gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶219

East by: Portion of land in same Survey No.88 allotted to the Share of Vijayendra,

¶220

West by: Portion of land in same Survey No.88 allotted to share of Doddananjappa,

¶221

North by: Sy.No.91/2 allotted to the share of Chikkananjappa,

¶222

South by: Portion of land in survey number 87/1 allotted to he share of Chikkananjappa,

¶223

7. All the piece and parcel of the land measuring 03 Acres 09 Guntas in Sy.No.91, New Sy.No.91/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶224

East by: Sy.No.90,

¶225

West by: Land of Muniraju, S/o Mottappa in Sy.No.91/1,

¶226

North by: Lands of Sarai Munishamappa and Dasappa,

¶227

South by: 30 Feet road formed in Survey No.88 and then land allotted to the shares of Doddananjappa and Chikkananjappa.

¶228

8) All the piece and parcel of the land measuring 1 Acre 30 Guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶229

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶230

19 -

¶231

East by: Chagalatti Village Lake,

¶232

West by: Sy.No.90,

¶233

North by: Portions of land in same Survey No.95/2 allotted to share of Radhamma and her daughters,

¶234

South by: Portions of land in same Survey No.95/2 allotted to shares of Doddananjappa.

¶235

Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶236

9) All the piece and parcel of the land measuring 6½ guntas out of 2 acres in Present Old Sy.No.271/P1, New Sy.No.271, of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶237

East by Portion of land in same survey number 271/P1 allotted to the share of Doddananjappa,

¶238

West by: Portion of land in same Sy.No.271/P1 allotted to the share of Padmamma, Anitha and Munegowda,

¶239

North by: Portion of same Sy.No.271/P1 belonging to Mottappa,

¶240

South by: Remaining portion in same Sy.No.271/P1.

¶241

10) All the piece and parcel of the land measuring 35 guntas in Sy.No.9/3 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶242

East by: Sy.No.9/2 & 9/5 belongs to Arvind lal,

¶243

West by Lands in survey numbers.1/2 and 1/1,

¶244

North by: Bande (Sy.No.2) and

¶245

South by: Survey number 10 belongs to Channakeshavaiah.

¶246

11) All the piece and parcel of the land measuring 06¹ /2 guntas out of 08 guntas in Sy.No.1/2 of

¶247

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶248

20 -

¶249

Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶250

East by: Survey number 9/3 allotted to the share of Chikkananjappa,

¶251

West by: Portion of land in same survey number 1/2 allotted to the share of Padmamma, Anitha and Munegowda,

¶252

North by: Gomala

¶253

South by :Survey No.10 & 54.

¶254

12) All the piece and parcel of the land measuring 02½ gunta out of 1 acre 13¹ /2 Guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the,

¶255

East by: Survey No.54,

¶256

West by: Remaining portion of land in same Survey No.1/1,

¶257

North by: Portion in same Sy.No.1/1 belongs to Muniraju,

¶258

South by: Sy.No.14.

¶259

13) All the piece and parcel of the land measuring 03 guntas out of 01 acre 13¹ /2 guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the,

¶260

East by: Remaining portion in same survey number (Smashana),

¶261

West by: Gramatana,

¶262

North by: Portion of land in same survey number 1/1 belongs to Papanna,

¶263

South by: Portion of land in same survey number 1/1 allotted to the share of Doddananjappa.

¶264

14) All the piece and parcel of the land measuring 04 guntas out of 1 Acres 13½ Guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the,

¶265

East by: Portion of same Sy.No.1/1 allotted to the share of Smt Radhamma and daugheters,

¶266

West by: Survey No.52,

¶267

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶268

21 -

¶269

North by: Land in Survey No.1/1 beongst ot Muniraju,

¶270

South by: Land in Survey No.1/1 belongs to Papanna,

¶271

¶272

15) All the piece and parcel of the land measuring 11 guntas in Sy.No.14/2 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the,

¶273

East by: Land belongs to Gowramma (Sy.No.14/3),

¶274

West by: Land belongs to Patel Mune Gowda (Sy.No.14), North by: Land belongs to Munichikkanna (Sy.No.14/2),

¶275

South by: Survey No.13 allotted to share of Doddananjappa.

¶276

16) All the piece and parcel of the house property in Khanishmari No.48, measuring East to West 42 feet and North to South 15 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶277

East by: Government Road,

¶278

West by: Khanishmari No.25 allotted to the share of Doddananjappa,

¶279

North by: Khanishmari No.45 allotted to the share of Doddananjappa

¶280

South by: Property belongs to Doddananjappa.

¶281

17) All the piece and parcel of the house property in Khanishmari No.40, measuring East to West 40 feet and North to South 20 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶282

East by: Government Road,

¶283

West by: property belongs to Ramakka,

¶284

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶285

22 -

¶286

North by: Khanishmari No.25,

¶287

South by: Property belongs to Doddananjappa.

¶288

18) 1/3^rd share (600 sq.feet) out of 1800 Sq.fts., in all that part and parcel of the house property bearing Site No.22/2, Municipal number 6/5, situated at 10^th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the,

¶289

East by: House of Seethamma,

¶290

West by: Share allotted to Vijayendra,

¶291

North by: Road and

¶292

South by: House of G. Channappa.

¶293

SCHEDULE - C PROPERTIES

¶294

PROPERTIES ALLOTTED TO THE SHARE OF RESPONDENTS- 1(a) to (c) - SRI Smt. PADMAMMA, ANITHA & MUNEGOWDA

¶295

1) All that piece and parcel of the land measuring 27 Guntas out of 1 acre 27 guntas in Sy.No.95/1 and 13 Guntas out of 4 acres 33 guntas in Sy.No.95/2 (in all measuring 01 Acre) and situated at Chagaletti Village, Jala Hobli, Bangalore North Taluk and commonly bounded on the:

¶296

East by: Chagaletti Kere

¶297

West by: Survey Nos.94 and 90 (Byrathi Suresh),

¶298

North by: portion in the same survey No.95/1 allotted to the share of Vijiendra,

¶299

South by: portion in the same survey No. 95/2 allotted to the share of Radhamma and her daughters

¶300

Note: However, the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶301

2) All the piece and parcel of the land measuring 05¹ /4 guntas out of 2 acres 02 guntas in

¶302

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶303

23 -

¶304

Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶305

East by: Portion of land in same Survey No.87/1 allotted to the share of Vijayendra,

¶306

West by: Portion of land in same Survey No.87/1 allotted to Share of Chikkananjappa,

¶307

North by: Portion of land in survey number 88 allotted to the share of Smt Padmamma, Anitha & Munegowda,

¶308

South by: Land belonging to Mottappa in Same Sy.No.87/1.

¶309

3) All the piece and parcel of the land measuring 05½ guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶310

East by: Portion of land in same Survey No.87/2 allotted to the share of Vijayendra,

¶311

West by: Portion of land in same Survey No.87/2 allotted to Share of Chikkananjappa,

¶312

North by: Land belonging to Mottappa in Sy.No.87/1.

¶313

South by: Land belonging to Mottappa in Sy.No.87/2.

¶314

4) All the piece and parcel of the land measuring 18 guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶315

East by: Survey number 84,

¶316

West by: Portion of land in same Survey No.85/1 allotted to Share of Smt Radha, Sushma & Veena,

¶317

North by: Portion of land in survey number 89 allotted to the share of Smt Padmamma, Anitha & Munegowda,

¶318

South by: Land belonging to Mottappa in Sy.No.85/1.

¶319

5) All the piece and parcel of the land measuring 18½ guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶320

East by: Survey number 84,

¶321

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶322

24 -

¶323

West by: Portion of land in same Survey No.85/2 allotted to Share of Smt Radha, Sushma & Veena

¶324

North by: Land belonging to Mottappa in Sy.No.85/1,

¶325

South by: Land belonging to Mottappa in Sy.No.85/2.

¶326

6) All the piece and parcel of the land measuring 19¹ /4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶327

East by: Portion of land in same Survey No.88 allotted to the share of Vijayendra,

¶328

West by: Portion of land in same Survey No.88 allotted to share Of Chikkananjappa,

¶329

North by: Survey No.92,

¶330

South by: Portion of land in Sy.No.87/1 allotted to the share of Smt Padmamma, Anitha & Munegowda

¶331

¶332

7) All the piece and parcel of the land measuring 01 (One) Acre 08 guntas out of 2 (Two) acres 01 guntas in Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶333

East by: Portion Sy.No.425/2 allotted to the shares of Lrs of Smt Radha, Sushma & Veena and Kanthamma,

¶334

West by Land of Motappa in sy.No.424/1.

¶335

North by: Land of Motappa in Sy.No.86,

¶336

South by: Portion of land in same survey number allotted to the share of Smt Radha, Sushma & Veena,

¶337

8) All the piece and parcel of the land measuring 19 guntas out of 2 acres in Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶338

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶339

25 -

¶340

East by: Portion of land in same Sy.No.271/P1 allotted to the share of Chikkananjappa,

¶341

West by: Portion land in same Sy.No.271/P1 allotted to the share of Smt Radha, Sushma & Veena,

¶342

North by: Portion of land in same Sy.No.271/P1 belonging to Mottappa,

¶343

South by: Remaining portion in same Sy.No.271/P1.

¶344

9) All the piece and parcel of the land measuring 11 guntas out of 1 acre 13¹ /2 guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶345

East by: Government Road,

¶346

West by: Portion of land in same survey number 1/1 allotted to the share of Vijayendra,

¶347

North by: Portion of land in same survey number 1/1 belongs to Mottappa,

¶348

South by: Portion of land in same survey number 1/1 belongs to Muniraju.

¶349

Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.

¶350

10) All the piece and parcel of the land measuring 01¹ /2 guntas in Sy.No.1/2 out of 08 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶351

East by: Portion of land in same survey number 1/2 allotted to the share of Chikkananjappa,

¶352

West by: Portion land in same survey number 1/2 allotted to the share of Vijayendra,

¶353

North by: Government land (Gomala) and

¶354

South by: Survey No.10 belongs to Channakeshavaiah.

¶355

11) All the piece and parcel of the land measuring 07 guntas in Sy.No.7/11 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶356

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶357

26 -

¶358

East by: Sy.No.7/6,

¶359

West by: Portion in same Sy.No.7/11 allotted to the share of Radhamma and children,

¶360

North by: Portion of in Sy. No.7/8 allotted to the share Padmamma and children,

¶361

South by: Sy.No.7/9

¶362

12) All the piece and parcel of the land measuring 18 guntas in Sy.No.7/8 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶363

East by: Sy.No.7/6,

¶364

West by: Portion of land in Sy.No.7/4 allotted to the Share of Vijeydendra and Poriton in Same Sy.No.7/8 allotted to the share of Smt Radha, Sushma & Veena

¶365

North by: Sy.No.2,

¶366

South by: Sy.No.7/9,

¶367

13) All the piece and parcel of the land measuring 03 Guntas out of 15 Guntas in Sy.No.131 of Kannaur Village, Bidarahalli Hobli, Bangalore East Taluk, Bangalore and bounded on the:

¶368

East by: Land of Motappa in Sy.No.131,

¶369

West by: Portion of land in same Sy.No.131 allotted to share of Doddananjappa,

¶370

North by: Sy.No.271,

¶371

South by: Sy.No.50 of Kannur Village.

¶372

SCHEDULE - D PROPERTIES

¶373

PROPERTIES ALLOTTED TO THE SHARE OF Smt RADHA, SUSHMA & VEENA - RESPONDENTS8(a) to (c).

¶374

1) All the piece and parcel of the land measuring 01(one) Acre out of 4 acres 33 guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶375

East by: Chagaletti Lake,

¶376

West by: Land belonging to MRL sheriff (Survey No.90),

¶377

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶378

27 -

¶379

North by: Portion of land in the same survey No. 95/2 allotted to the share of Padmamma, Anitha and Mune Gowda,

¶380

South by: Portion of land in the same Sy No.95/2 allotted to the share of Chikkananjappa,

¶381

Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶382

2) All that piece and parcel of the land measuring 19 guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶383

East by: Portion in same survey number 85/1 allotted to the share of Smt Padmamma, Anitha & Munegowda

¶384

West by: Portion in same Survey No.85/1 allotted to share of Vijiyendra

¶385

North by: Portion in Survey No.89 allotted to share of Smt Radha, Sushma & Veena

¶386

South by: Land belonging to Mottappa in Same Survey number 85/1.

¶387

3) All that piece and parcel of the land measuring 07 guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶388

East by: Portion in survey number 85/1 allotted to the share of Smt Padmamma, Anitha & Munegowda

¶389

West by: Portion in same Survey No.85/2 allotted to share of Smt Radha, Sushma & Veena

¶390

North by: Land belonging to Mottappa in Survey number 85/1,

¶391

South by: Land belonging to Mottappa in Survey number 85/2.

¶392

4) All that piece and parcel of the land measuring 15½ guntas out of 2 (Two) acres 01 guntas in

¶393

28 - NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶394

Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶395

East by: Portion in Sy.No.425/2 allotted to the shares of Narayanappa, Roopa and Mamatha,

¶396

West by: Land of Motappa in Sy.No.424/1,

¶397

North by: Portion in same Sy.No.424/2 allotted to the share of Smt Padmamma, Anitha & Munegowda

¶398

South by: Portion of land in same Sy.No.424/2 allotted to the share of Vijayendra.

¶399

5) All that piece and parcel of the land measuring 29 guntas out of 01 (One) acre 38 guntas in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶400

East by: Land of Motappa in Sy.No.425/1,

¶401

West by: Portion in same Sy.No.424/2 allotted to the share Smt Padmamma, Anitha & Munegowda

¶402

North by: Land of Motappa in Sy.No.86,

¶403

South by: Portion in same Sy.No.425/2 allotted to the share of Kanthamma.

¶404

Note: However the parties those who got allotted shares in Sy.No.424 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶405

6) All the piece and parcel of the land measuring 16 guntas out of 2 acres in Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶406

East by: Portion in same survey number 271/P1 allotted to the share of Smt Padmamma, Anitha & Munegowda

¶407

West by: Portion of land in survey number 425 allotted to the share of Padmamma, Anitha & Munegowda

¶408

North by: Portion of same survey number belonging to Mottappa,

¶409

South by: Remaining portion in same survey number.

¶410

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶411

29 -

¶412

7) All the piece and parcel of the land measuring 10½ guntas in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶413

East by: Portion in same Survey No.1/1 allotted to share of Vijayendra

¶414

West by: Sy.No.52 and Gramatana,

¶415

North by: portion of same survey number 1/1 belongs to Mottappa,

¶416

South by: portion of same survey number 1/1 belongs to Papanna.

¶417

Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.

¶418

8) All the piece and parcel of the land measuring 14 guntas in Sy.No.7/5 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶419

East by: Sy.No.7/9,

¶420

West by: Sy.No.7/10,

¶421

North by: Sy.No.7/10,

¶422

South by: Rajakaluve,

¶423

9) All the piece and parcel of the land measuring 10 guntas in Sy.No.7/10 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶424

East by: Sy.No.7/5, West by: Sy.No.7/3, North by: Sy.No.7/9,

¶425

South by: Raju Kaluve,

¶426

10) All the piece and parcel of the land measuring 03 guntas in Sy.No.7/11 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶427

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶428

30 -

¶429

East by: Remaining portion of in same Sy.No.7/11 allotted to the share of Padmamma, Anitha and Mune Gowda,

¶430

West by: Sy.No.7/7,

¶431

North by: Sy.No.7/4,

¶432

South by: Sy.No.7/10,

¶433

11) All the piece and parcel of the land measuring 02 Guntas out of 2 (Two) acres 01 guntas in Sy.No.424/2 of Bagalur Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶434

East by: Portion in same Sy.No.425/2 allotted to the share of Radha, Sushma & Veena

¶435

West by: Portion of land in Sy.No.424/2 allotted to the share of Padmamma, Anitha & Munegowda

¶436

North by: Land of Motappa in Sy.No.86,

¶437

South by: Portion in same Sy.No.424/2 allotted to the share of Smt Radha, Sushma & Veena

¶438

12) All that 1/3^rd share (600 Sq.fts.,) out of 1800 Sq.fts., in the house property bearing Site No.22/2, Municipal number 6/5, situated at 10^th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the, (One third share i.e., measuring 600/-sq.feet)

¶439

East by: Share allotted to Vijayendra

¶440

West by: Road,

¶441

North by: Road, and

¶442

South by: G. Channappa House.

¶443

SCHEDULE - E PROPERTIES

¶444

PROPERTIES ALLOTTED TO THE SHARE OF SRI VIJAYENDRA (VIJAYAKUMAR)-RESPONDENT-9.

¶445

1. All that piece and parcel of the land measuring 01(One) acre out of 01 acre 27 guntas in Sy.No.95/1 of Chagaletti Village, Jala Hobll, Bangalore North Taluk and bounded on the:

¶446

East by: Chagaletti Kere

¶447

31 -

¶448

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶449

West by: Survey No.94/3,

¶450

North by: Sy.No.96/5 CMR Property,

¶451

South by: Portion in the same survey No. 95/1 allotted to the share of Padmamna, Anitha and Mime Gowda

¶452

Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North till end of "C" Schedule with road access to Schedule 'E' Property.

¶453

2. All that piece and parcel of the land measuring 06³ /4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶454

East by: Portion of land in same Survey No.87/1 allotted to the share of Akkayamma,

¶455

West by: Portion of land in same survey number 87/1 allotted to the share of Padmamma, Anitha and Mune Gowda,

¶456

North by: Portion of land in survey No.88 allotted to share Of Vijiyappa @ Vijaya Kumar,

¶457

South by: Land belonging to Mottappa in Same Survey number 87/1.

¶458

3. All that piece and parcel of the land measuring 16¹ /4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶459

East by: Portion of land in Survey No.85/1 allotted to share Of Vijiyendra Kumar,

¶460

West by: Portion of land in same Survey No.87/1 allotted to the share of Chikkananjappa,

¶461

North by: Portion of land in Survey No.88 allotted to share of Vijiyendra,

¶462

South by: Land belonging to Mottappa in Same Survey No.87/1.

¶463

4. All that piece and parcel of the land measuring 07 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶464

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶465

32 -

¶466

East by: Portion of land in same Survey No.87/2 allotted to the share of Akkayamma,

¶467

West by: Portion of land in same Sy.No.87/2 allotted to the share of Padmamma, Anitha and Mune Gowda,

¶468

North by: Land belonging to Mottappa in Sy.No.87/1,

¶469

South by: Land belonging to Mottappa in Sy.No.87/2.

¶470

5. All that piece and parcel of the land measuring 15¹ /4 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶471

East by: Portion of land in survey No.85/2 allotted to share of Vijayendra,

¶472

West by: Portion of land in same survey No.87/2 allotted to shareof Chikkananjappa,

¶473

North by: Land belonging to Mottappa in Sy.No.87/1.

¶474

South by: Land belonging to Mottappa in same Sy.No.87/2.

¶475

6. All that piece and parcel of the land measuring 05½ guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶476

East by: Portion of land in same Survey No.85/1 allotted to share of Radha, Sushma and Veena.

¶477

West by: A Portion of land in Survey No.87/1 allotted to share of Vijayendra,

¶478

North by: A Portion of land in survey No.89 allotted to share of Vijayedra,

¶479

South by: Land belonging to Mottappa in Same SY.No.85/1.

¶480

7. All that piece and parcel of the land measuring 16 guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶481

East by: A Portion in same Survey No.85/2 allotted to share of Radha, Sushma and Veena.

¶482

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶483

33 -

¶484

West by: A Portion of land in survey No.87/2 allotted to share of Vijayendra,

¶485

North by: Land belonging to Mottappa in Sy.No.85/1,

¶486

South by: Land belonging to Mottappa in same Sy.No.85/2.

¶487

8. All that piece and parcel of the land measuring 24¹ /4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶488

East by: A Portion in same Survey No.88 allotted to the share of Akkayamma,

¶489

West by: A Portion in same Survey No.88 allotted to share of Padmamma, Anitha and Mune Gowda,

¶490

North by: Survey number, 92

¶491

South by: A Portion of survey number 87/1 allotted to the share of Vijayedra.

¶492

Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.

¶493

9. All that piece and parcel of the land measuring 1 Acre 21½ guntas out of 8 acres 01 gunta in Sy.No.88 ofChagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶494

East by: A Portion of the land in survey No.89 allotted to the share of Vijayendra,

¶495

West by: A Portion in same Survey No.88 allotted to share Of Chikkananjappa (Defendant-3)

¶496

North by: Survey No.91/4,

¶497

South by: A Portion of land in survey number 87/1 allotted to the share of Vijayendra.

¶498

Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall

¶499

34 - NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶500

leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.

¶501

10. All that piece and parcel of the land measuring 15½ guntas out of 2 (Two) acre 01 guntas in Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶502

East by: Portion in Sy.No.425/2 allotted to the share of Hemakka,

¶503

West by: Land of Motappa in Sy.No.424/1,

¶504

North by: Portion of land in same Sy No.424/2 allotted to share of Radha, Sushma and Veena,

¶505

South by: Survey Number.271/P1.

¶506

11. All that piece and parcel of the land measuring 32 guntas out of 2 acres in Present old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,

¶507

East by: Survey number 271,

¶508

West by: A Portion of land in Sy.No.271/P1 allotted to the share of Doddananjappa (Defendant-2)

¶509

North by: A Portion of land in same Sy.No.271/P1 belonging to Mottappa,

¶510

South by: Remaining portion in same survey number 271/P1.

¶511

12. All that piece and parcel of the land measuring 11 guntas in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶512

East by: Portion of land in same survey number 1/1 allotted to the share of Padmamma, Anitha and Mune Gowda,

¶513

West by: Portion of land in same survey number 1/1 allotted to the share of Radhamma and daughters,

¶514

North by: Portion of land in same survey number 1/1 belongs to Mottappa,

¶515

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶516

35 -

¶517

South by: Portions of land in same survey number 1/1 belongs To Papanna and Muniraju.

¶518

¶519

13. All that piece and parcel of the land measuring 20 guntas in Sy. No.7/4 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶520

East by: A portion of land in same survey number belongs to Mottappa,

¶521

West by: A portion of Old Sy.No.7/4 New Sy. No.7/7 belongs to K.Dharani,

¶522

North by: Government land Gomala (Bande), and

¶523

South by: Portion of land in same survey number 7/4 allotted to the share of Padmamma, Anitha and Mune Gowda and Radha, Sushma, Veena

¶524

14. All that piece and parcel of the land measuring 2 guntas in Sy.No.7/8, Old Sy.No.7/4 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Remaining Portion in same Sy.No.7/8 allotted the share of Padmamma, Anitha and Mune Gowda,

¶525

West by: Sy.No.7/4,

¶526

North by: Sy.No.2,

¶527

South by: Portion of land in Sy. No.7/10 allotted to the share of Radha, Sushma, Veena,

¶528

15. All that piece and parcel of 1/3^rd Share i.e., 600 Sq.fts., out of 1800 Sq.fts., in house property bearing Site No.22/2, Municipal number 6/5, measuring situated at 10th Cross, Giddappa Block, Ganganagar, Bengaluru-560 032 and bounded on the,

¶529

East by: Share allotted to Chikkananjappa (Defendant-3)

¶530

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶531

36 -

¶532

West by: Share allotted to Radha, Sushma, Veena,

¶533

North by: Road, and

¶534

South by: G. Channappa House.

¶535

SCHEDULE - F PROPERTY

¶536

PROPERTY ALLOTTED TO THE SHARE OF SMT HEMAKKA- RESPONDENT-2.

¶537

1) All the piece and parcel land measuring 20 guntas out of 1 Acre 39 in Sy.No.425, New Sy.No.425/2, of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the,

¶538

East by Land of Mottappa in Sy.No.425/1,

¶539

West by: Lands allotted in Sy.No.424/2 allotted to the share of Smt Radha, Sushma & Veena and Vijendra,

¶540

North by: Portion of land in same Sy.No.425/2 allotted to share of Roopa and Mamatha,

¶541

South by: Road.

¶542

Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶543

2) All the piece and parcel of the land measuring 01 gunta in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,

¶544

East by: Survey Number 54,

¶545

West by: Portion of same Sy.No.1/1 belongs to Motappa,

¶546

North by: portion of same Sy.No.1/1 belongs to C.Muniraju,

¶547

South by: portion of same Sy.No.1/1 belongs Chikkananjappa.

¶548

37 -

¶549

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶550

SCHEDULE - G PROPERTY

¶551

PROPERTY ALLOTTED TO THE SHARE OF SMTKANTHAMMA- RESPONDENT-3,

¶552

All the piece and parcel land measuring 10 guntas out of 1 acre 39 in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the,

¶553

East by: Land of Motapppa in Sy.No.425/2,

¶554

West by: Land in Sy.No.424 allotted to the share Smt Padmamma, Anitha & Munegowda,

¶555

North by: Portion of same Sy.No.425/2 allotted to the share of Smt Radha, Sushma & Veena,

¶556

South by: Portion of same Sy.No.425/2 allotted to the share of Roopa and Mamatha.

¶557

Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.

¶558

SCHEDULE - H PROPERTY

¶559

PROPERTY ALLOTTED TO THE SHARE OF SMT AKΚΑΜΜΑ- RESPONDENT-4.

¶560

1) All the piece and parcel of the land measuring 07 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶561

East by: Portion of land in same Sy.No.87/1 allotted to the share of Doddananjappa,

¶562

West by: Portion of land in same Sy.No.87/1 allotted to share of Vijayendra,

¶563

North by: Portion of land in survey No.88 allotted to share of Akkamma,

¶564

South by: Land belonging to Mottappa in Same Sy.No.87/1.

¶565

2) All the piece and parcel of the land measuring 07¹ /4 guntas out of 2 acres 03 guntas in

¶566

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶567

38 -

¶568

Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶569

East by: Portion of land in same Sy.No.87/2 allotted to the share of Doddananjappa,

¶570

West by: Portion of land in same Sy.No.87/2 allotted to share of Vijayendra,

¶571

North by: Land belonging to Mottappa in Sy.No.87/1,

¶572

South by: Land belonging to Mottappa in Sy.No.87/2.

¶573

3) All the piece and parcel of the land measuring 25³ /4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:

¶574

East by: Portion in same Sy.No.88 allotted to the share of Doddananjappa,

¶575

West by: Portion of land in same survey No.88 allotted to share of Vijayendra,

¶576

North by: Survey number, 92, and

¶577

South by: Portion of Sy.No.87/1 allotted to the share of Akkamma.

¶578

¶579

SCHEDULE - J PROPERTY

¶580

PROPERTY ALLOTTED TO THE SHARE OF ROOPA & MAMATHA (RATHNA)- RESPONDENTS-6 & 7.

¶581

1) All the piece and parcel land measuring 20 guntas out of 1 acre 39 in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the,

¶582

East by: Land of Mottappa in Sy.No.425/1,

¶583

NC: 2024:KHC:52595 RSA No. 1430 of 2016

¶584

39 -

¶585

West by: Lands in Sy.No.424/2 allotted to the shares of Smt Padmamma, Anitha & Mune Gowda and Vijendra,

¶586

North by: Portion of land in same Sy.No.425/2 allotted to the share Kanthamma,

¶587

South by: Portion of land in same Sy.No.425/2 allotted to the share Hemakka.

¶588

Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number."

¶589

I have perused terms of settlement. Same appear

¶590

to be lawful.

¶591

Hence, compromise petition is taken on record.

¶592

Appeal is allowed to extent and in terms of compromise petition, judgment and decree of both Courts are modified accordingly.

¶593

Registry to draw decree incorporating terms of

¶594

compromise petition.

¶595

Sd/-

¶596

(RAVI V HOSMANI) JUDGE

¶597

GRD

¶598

List No.: 1 Sl No.: 26

Shri Doddananjappa v. Shri Shekharappa

Case brief

What is this about?

What did the court decide?

Shri Doddananjappa v. Shri Shekharappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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