Second appeal in a partition dispute was disposed of on the basis of a joint compromise petition under Order XXIII Rule 3 CPC, under which specified payments were made to respondents and rights in the suit schedule property were settled.
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 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.39 OF 2012 (PAR)
BETWEEN:
1. BASAVARAJU
S/O LATE CHIKKABASAVEGOWDA SINCE DEAD BY LRS
W/O LATE BASAVARAJU AGED ABOUT 59 YEARS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
S/O LATE BASAVARAJU AGED ABOUT 36 YEARS
1(D) VIJAYKUMAR B S/O LATE BASAVARAJU AGED ABOUT 34 YEARS
ALL ARE R/AT NO.2/2, 1ST CROSS PENSION BLOCK, RAJENDRANAGARA MYSORE – 570 007
PRESENTLY R/AT NO.604, 3RD STAGE R.S. NAIDU NAGAR MYSORE – 570 007
…APPELLANTS
(BY SRI P MAHESHA & KRISHNA B J, ADVOCATE) AND:
PRESENTLY R/AT NO.134, PATEL SANNEGOWDARA STREET BIDARAHALLI POST, SRIRANGPATNA MANDYA – 571 415
3 SMT. INDRAMMA D/O LATE CHIKKABASAVEGOWDA AGED ABOUT 44 YEARS R/O MARADIHUNDI VILLAGE THUMNERALE, NANJANGUD TALUK MYSORE DISTRICT – 571 129
4 SMT. RATHNAMMA D/O LATE CHIKKABASAVEGOWDA AGED ABOUT 45 YEARS R/O KUPPARAVALLI VILLAGE NANJANGUD TALUK MYSORE DISTRICT – 571 129
…RESPONDENTS
(BY SRI M RAMAKRISHNA & R SATHISHA, ADVOCATE FOR R1 & R2;
SRI NITISH KUMAR SINGH, ADVOCATE FOR R3 & R4)
THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 28.09.2011
PASSED IN R.A.NO.325/2010 ON THE FILE OF THE VI ADDL. DISTRICT JUDGE, MYSORE AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:12673 RSA No. 39 of 2012
J U D G M E N T
The appellants and the respondents along with their respective counsel are present.
compromise and the same is also explained to them. In
NC: 2024:KHC:12673 RSA No. 39 of 2012
terms of the compromise, the regular second appeal is
disposed of.
accordingly.
Sd/JUDGE
SN
2 provisions across 1 enactments
Basavaraju (since dead, by LRs: Mahadevamma, Shilpa B, Shivaraju B, Vijaykumar B)
Smt. Puttamallamma
Chikkathayamma
B.K. Raghu @ Raghu @ Raghava
Smt. Indramma
Smt. Rathnamma
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
