Allowed

Narasimhaiah S/O Late Ugrappa v. Revanna S/O Ugrappa Alias Ugraiah

Karnataka HC9 Sept 2024RSA/775/2009

Case brief

AI extract

What is this about?

In a regular second appeal regarding a partition suit, the High Court of Karnataka accepted a compromise petition filed by both parties. The court settled the property shares and disposed of the appeal based on the agreed terms, drawing a decree accordingly. Reference was also made to mesne profit and possession details within the agreement.

What did the court decide?

The appeal was disposed of by accepting the compromise; a decree was drawn in terms of the agreement.

Narasimhaiah S/O Late Ugrappa Vs Revanna S/O Ugrappa Alias Ugraiah — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 775 OF 2009(PAR)

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BETWEEN:

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NARASIMHAIAH, S/O LATE UGRAPPA, Age : 63 years, R/OF DYAVALINGAIHNAPALYA, BIDADI HOBLI, RAMANAGARAM TALUK - 562101.

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…APPELLANT

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(BY SRI.GURUDATH.V.R., ADVOCATE)

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AND:

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Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA

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REVANNA,

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S/O UGRAPPA ALIAS UGRAIAH, AGED ABOUT 50 YEARS, R/OF DYAVALINGAIHNAPALYA, HEJJALA DAKALE, BIDAI HOBLI, RAMANAGARAM TALUK - 562101.

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UGRAPPA ALIAS UGRAIAH, SINCE DEAD BY HIS LRS

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2(a) SMT.MUNI NARASAMMA, D/O LATE UGRAPPA ALIAS UGRAIAH, AGED ABOUT 55 YEARS, R/O GOPALA NAGARA,

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2 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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KENGERI HOBLI, BANGALORE SOUTH TALUK -560098

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2(b) SMT REVAMMA, D/O LATE UGRAPPA ALIAS UGRAIAH, SINCE DEAD BY HER LRS

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2(b (a) GARUDAPPA, S/O R.RANGAIAH,

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AGED 62 YEARS,

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2(b (b) RANGASWAMY, S/O GARUDAPPA,

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AGED ABOUT 25 YEARS,

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2(b (c) SMT. NAGAMMA, D/O GARUDAPPA, AGED ABOUT 25 YEARS,

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2(b (d) SRI. RAJA S/O GARUDAPPA, AGED ABOUT 21 YEARS,

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2(b (e) SRI. NAGESH, S/O GARUDAPPA, AGED ABOUT 23 YEARS,

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2(b (f) ASWATH S/O GARUDAPPA,

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AGED ABOUT 19 YEARS,

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(RESPONDENTS 1(b) (c) TO (b) f) ARE RESIDING AT RANGENADODDANA DODDI, LAKSHMI NAGAR (PO), MALLAKUMPANAHALLI DHAKALE, BIDADI HOBLI, RAMANAGARAM TALUK)

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3 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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2 (c) SMT. LAKKAMMA D/O LATE UGRAPPA, AGED ABOUT 40 YEARS.

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2 (d) SMT. RANGAMMA W/O RANGASWAMY, D/O UGRAPPA, AGED ABOUT 40 YEARS.

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…RESPONDENTS (BY SRI. T SRINIVASAN FOR R1., MANJUNATH REDDY. K.G. FOR R2(D), SHIVAPRASAD SHANTANAGOUDAR FOR R1, R2(A,C&D), R2(B)(C,D,E,F), P.C.VINITHA FOR R1,R2(B), R2(C), R2(D), R.HEMANTH RAJ FOR R2(C), SD FOR R2(B) (A), ADVOCATE, V/O DATED 29.10.2010 APPEAL ABATES AS AGAINST R2(B)(B))

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC TO SET ASIDE THE JUDGEMENT & DECREE DATED 24.04.2009 PASSED BY THE LEARNED CIVIL JUDGE (Sr.Dn.) AT RAMANAGARA IN R.A.NO.2/2009 ON HIS FILE AND CONSEQUENTLY DISMISS THE APPEAL FILED BY THE FIRST RESPONDENT AND CONFIRM JUDGEMENT AND DECREE DATED 12.11.2008 PASSED BY THE CIVIL JUDGE (JR. DN.) AT RAMANAGARA BY ALLOWING THIS APPEAL AND ETC.,

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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4 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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The Appellant and respondents are present before this Court. They are identified by their respective counsel. They have filed memorandum of compromise petition. The terms of the compromise petition reads as under:

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1. Against the preliminary decree passed in O.S. No.104/2002. The respondent/plaintiff herein has filed R.A. No. 2/2009 before the Civil Judge (Sr.Dn) and CJM, Ramanagar. Said appeal is allowed and thereby granted half share in the suit schedule property to the appellant and to others their respective shares. Against the said judgment and decree of appellate court in R.A.No.2/2009 defendant No.2 has filed the second appeal in R.S.A No.775/2009. During the pendency of the appeal parties have arrived for settlement and this compromise petition is entered into among the parties.

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2. The suit schedule property is consists of Sy.No.146, 149, 150/1 of Bannikuppe Village, Ramanagara District, measuring 4.00 acres each, in all 12.00 acres which are abutting to each other. Factually the entire extent is only 9 acres 23 guntas, therefore the plaintiff/ Respondents have agreed to give 4.16 guntas of land to defendant No.2 /Appellant as mentioned in

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Page Nos.4 to 12 are retyped and replaced

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Vide Court order dated 18.12.2024

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5 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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the sketch to this compromise petition and the plaintiffs are giving up the mesne profit awarded by the Appellate Court in their favor.

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3. Appellant/ defendant No.2 has agreed to hand over the vacant possession of remaining extent of 5.07 acres of land after harvesting the crop within 6 months from the date of compromise and agreed to deliver the vacant possession of the land free from encumber to the respondents without dragging them to execution.

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4. Appellant/defendant No.2 hereby declare that he has no right, title or interest over 5.07 acres in Sy.No.149, 150/1 of Bannikuppe Village, Ramanagara District and he will have right title, interest only in respect of 4.16 guntas shown in the sketch.

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5. As per the terms of compromise the appellant will continue as the owner of Sy.No. 146 of Bannikuppe Village measuring 4.00 acres as absolute owner and 1st respondent is having right of way in said Sy.No.146 which is specifically mentioned in the sketch at S to C & R to D measuring 45.66 meters.

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6. Insofar as the land in Sy.No. 149 of Bannikuppe village is concerned the appellant is entitle for 16 guntas to land out of 4.00 acres and also 12 guntas of Kharab in which appellant has constructed dwelling house. In the remaining extent of 3.12 acres, an extent of 2.07 acres has fallen to the share of 1^st respondent and remaining 1.05 guntas are equally

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6 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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shared by the sisters namely Muninarasamm (R.2(a)), Garudappa (R2(b)(a), Rangaswamy (R2(b)(b) , Nagamma (R2(b)(c) , Raja (R2(b)(d), Nagesh (R2(b)(e), Ashwath (R2(b)(f) the legal heirs of deceased Revamma R2(b), Lakkamma-(R2(c) and Rangamma-R1(d).

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7. Insofar as Sy.No.150/1 of Bannikuppe village measuring 1.35 guntas is equally shared among the sisters namely Muninarasamm (R.2(a)), Garudappa(R2(b)(a), Rangaswamy (R2(b)(b), Nagamma (R2(b)(c), Raja (R2(b)(d), Nagesh (R2(b)(e), Ashwath (R2(b)(f) the legal heirs of deceased Revamma R2(b), Lakkamma-(R2(c) and Rangamma-R1(d).

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8. Insofar as land and house property bearing No.394 in Sy.No.53 measuring 20 feet x70 feet of Hejjala Village is fallen to the share of Respondent No.1 Revanna.

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9. Insofar as Sy.No. 162/1 of Bannikuppe Village measuring 1.11 acres fallen to the share of Respondent NO.1 Revanna and an extent of 4 guntas in Sy.No. 59/12 of Hejjala is also fallen to the share of Respondent No.1/Revanna.

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10. Insofar as land measuring 8 guntas in Sy.No. 66/5 of Hejjala Village are equally shared by the appellant Narasimaiah and Respondent No.1/Revanna 4 guntas each.

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NC: 2024:KHC:36925 RSA No. 775 of 2009

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11. The above said shares are drawn willfully agreed and accepted by both the parties and also it is specifically mentioned in the schedule below and insofar as for the identification of their respective shares and portions they have prepared the sketch which is the part and parcel of this compromise petition and also to avoid confusion.

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12. The compromise petition is binding on all the parties to this appeal and also to their legal heirs, survivors, agents or anybody claiming through them.

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SCHEDULE

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Item No.1:

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Sy.No.146 of Bannikuppe Village, totally measuring

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4.00 acres. Out of which an extent of 201.2x 80.4 meters are fallen to the share of Appellant Narasimaiah and a road is formed in an extent of 301 square meters which is used as a right of way by both appellant Narasimaiah and respondent No.1 Revanna.

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The said 4.00 acres of land are bounded on:

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East by : Land belongs to Bhaskar West by : Land belongs to Byata Venkatappa North by :Land belongs to Bhaskar South by : Land belong to Revanna

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NC: 2024:KHC:36925 RSA No. 775 of 2009

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ITEM NO.2

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Sy.No.149 of Bannikuppe village totally measures 3.28

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guntas which is partitioned among appellant and respondents in the following way.

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A-SCHEDULE

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An extent of 16 guntas of land + 12 guntas of kharab

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land have fallen to the share of Appellant Narasimaiah

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which is bounded on

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East by : Land belongs to Bhaskar West by : Land belongs to Revanna North by : Land belongs to Narasimaiah South by : Land belongs to Rangamma

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B-Schedule

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An extent of 2.07 Acres out of 3.28 acres in Sy.No.149

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of Bannikuppe Village is fallen to the share of

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Respondent No.1 Revanna, which is bounded on:

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East by : Land belongs to Narasimhaiah West by : Land belongs o Byate venkatappa North by : Land belongs to Narasimaiah South by: Land belongs to Muninarasamma, Revamma, Rangamma and Lakkamma

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9 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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C- Schedule

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An extent of 1.05 acres out of 3.28 acres in sy. No.

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149 of Bannikuppe Village is fallen to the share of sisters in addition to Item No.3

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ITEM NO.3

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Sy.No. 150/1 of Bannikuppe village, totally measures

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1.35 acres which has fallen to the share of sisters and

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legal heirs of the sister Revamma, which is bounded on:

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East by : Land in Sy.No. 151 West by : land belongs to Byate Venkatappa North by : Land belongs to Revanna & remaining portion of Sy.No. 149 South by: Land in Sy.No. 150/2, 150/3, 150/4, 150/5

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ITEM No.4

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Sy.No.162/1 of Bannikuppe Village measuring 1.11

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acres totally and the same has fallen to the share of

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Respondent No.1 Revanna which is bounded on :

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East by : Forest land

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West by : Land belongs to Hakki Pikki Ramakrishna & Gala Hanumaiah

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North by : Revanna and Narasimaiah South by : Land belongs to writerappa and Tikam

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10 -

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NC: 2024:KHC:36925 RSA No. 775 of 2009

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ITEM NO.5

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Sy.No. 59/12 of Hejjala village totally measures 0.4

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guntas and the same is fallen to the share of

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respondent No.1 Revanna, which is bounded on:

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East by : Land belongs to Manjamma West by : Land belongs to Dasappa North by : Government land South by : Land belongs to Dasappa

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ITEM No.6

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Sy.No.66/5 of Hejjala Village totally measures 0.08

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guntas, which is shared equally between Appellant Narasimaiah and Respondent No.1 Revanna which as follows:

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Schedule-A

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An extent of 0.04 guntas of land out of 0.08 guntas of

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Hejjala village has fallen to the share of appellant Narasimaiah, which is bounded on:

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East by : Gramathana and land belongs to Revanna West by : Land belongs to Sanna Hanumaiah North by : Land belongs to Narasimhamurthy and Chikkanarasimaiah South by: Land belongs to Dasappa

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11 - NC: 2024:KHC:36925 RSA No. 775 of 2009

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Schedule-B

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An extent of 0.04 guntas of land out of 0.08 guntas

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of Hejjala village has fallen to the share of

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Respondent No.1 Revanna which is bounded on:

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East by : land belongs to Sanna Hanumaiah West by : Land belongs to Revanna North by : Land belongs to Revanna South by : Land belongs to Dasappa

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ITEM No.7

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Sy.No.99/9+ of Bannikuppe village measuring 0.2 guntas was purchased by Narasimaiah from one Byate Venkatappa and formed road which is now a common right of way for both appellant and respondent No.1 Revanna only which is bounded on:

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East by : Land belongs to Narasimaiah/Revanna West by: Land belongs to Byate Venkatappa North by : Land belongs to Byate Venkatappa South by : Sarkari Halla

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ITEM NO.8

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Sy.No.53 house property bearing No.394 measuring 20 feet x 70 feet situated at Hejjala village is fallen

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to the share of Respondent No.1/Revanna which is bounded on:

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12 -

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NC: 2024:KHC:36925 RSA No. 775 of 2009

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East by : Government Land West by : Minijamma's land North by : Rajanna's land South by : Chikkanarasima's land

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The contents of the compromise petition is read

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over to them in the language known to them. They have understood and accepted the terms and conditions of the compromise petition.

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The compromise petition is accepted.

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Accordingly, the appeal is disposed of in terms of the compromise. Draw decree in terms of the

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compromise.

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Sd/- (ASHOK S.KINAGI) JUDGE

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SRK/-List No.: 1 Sl No.: 23

Narasimhaiah S/O Late Ugrappa v. Revanna S/O Ugrappa Alias Ugraiah

Case brief

What is this about?

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Narasimhaiah S/O Late Ugrappa v. Revanna S/O Ugrappa Alias Ugraiah

Case brief

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