Sri K N Muralidhar Vs Smt K N Netravathi @ Netravathi — Land Acquisition | Karnataka HC (2025)

Sri K N Muralidhar Vs Smt K N Netravathi @ Netravathi — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise petition dated 24.11.2025 under Order XXIII Rule 3 CPC; Registry to draw the decree accordingly. As per the recorded compromise: Schedule 'A' properties allotted to respondent No.1 (8 guntas out of Sy No.85/1; 20 3/4 guntas in Sy No.50/1) and Schedule 'B' properties allotted to the appellant (13 guntas out of Sy No.85/1; Sy No.36/13 measuring 1 1/2 guntas; Sy No.38/4 measuring 2.7 guntas and 1/2 gunta kharab along with house; 20 3/4 guntas in Sy No.50/1); the mother's properties (Sy No.74 - 20 guntas, Sy No.39/3 - 25 guntas, and Site No.89, Katha No.112/89, measuring 70X40 feet) and the father's left-out properties released in favour of the appellant; in respect of Sy No.50/1, part of which was acquired by the BDA for the Peripheral Ring Road, the parties declared themselves entitled to a 50% share each in the compensation amount and in the land left out of acquisition.

Issue for consideration

Whether the judgment and decree dated 31.03.2022 passed in O.S.No.633/2015, whereby an equal half share was allotted to the first respondent/plaintiff in the suit schedule properties, should be called for and set aside. +1 more

Ratio / Principle

The terms of the compromise are in accordance with law and not in violation of public policy.

Key takeaways

The appellant and respondent No.1, who were present in-person and identified by their respective counsel, stated that they had understood the terms of the compromise and had signed the compromise petition on their own volition.ratio¶84
In view of the compromise, the appeal is disposed of in terms of the compromise, and the Registry shall draw the decree accordingly.ratio¶90-92

Detailed headnote1 paragraphs

Partition suit decree challenged in Regular First Appeal — compromise under Order XXIII Rule 3 CPC. The appeal by the defendant (brother) against the decree dated 31.03.2022 in O.S.No.633/2015 (IV Addl. Senior Civil Judge, Bengaluru Rural District), which had allotted an equal half share in the Kachamaranahalli Village (Varthur Hobli, Bengaluru East Taluk) suit schedule properties to the plaintiff (sister), was settled during pendency by a compromise petition dated 24.11.2025 under Order XXIII Rule 3 CPC. By the compromise, Schedule 'A' properties (8 guntas out of Sy No.85/1 and 20 3/4 guntas in Sy No.50/1) were allotted to respondent No.1 and Schedule 'B' properties (13 guntas out of Sy No.85/1; Sy No.36/13 - 1 1/2 guntas; Sy No.38/4 - 2.7 guntas and 1/2 gunta kharab with house; 20 3/4 guntas in Sy No.50/1) to the appellant; the mother's properties (Sy No.74 - 20 guntas, Sy No.39/3 - 25 guntas, Site No.89) and the father's left-out properties were released to the appellant; and, since part of Sy No.50/1 stood acquired by the BDA for the Peripheral Ring Road (preliminary notification No.UDD/399/MNX/2006 dated 29/06/2007; final notification dated 03/07/2007; notices under Sections 9 and 10, Land Acquisition Act 1894), each party was declared entitled to 50% of the compensation and of the land left out of acquisition. Holding: the terms of compromise are in accordance with law and not in violation of public policy; the parties, present in person and identified by counsel, signed the compromise on their own volition; the appeal was disposed of in terms of the compromise with liberty to the Registry to draw the decree accordingly. (Respondent No.2 - SLAO, BDA - deleted vide order dated 24.11.2025.)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1289/2022 (PAR)

BETWEEN:

SRI. K.N. MURALIDHAR S/O LATE K.S. NARAYANA REDDY AGED ABOUT 42 YEARS R/OF. KACHAMARANAHALLI VILLAGE GUNJUR POST, VARTHUR HOBLI BANGALORE EAST TALUK.

&APPELLANT

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka

(BY SRI. RAMESHA M.N. ADV.,)

AND:

SMT. K.N. NETRAVATHI @ NETRAVATHI D/O LATE K.S. NARAYANA REDDY AGED ABOUT 40 YEARS R/O DOMMASANDRA VILLAGE WARD NO.4, SUBHASH NAGAR 1ST CROSS, SARJAPURA HOBLI ANEKAL TALUK BANGALORE URBAN DISTRICT.

THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARAPARK WEST BANGALORE 560 020 &RESPONDENTS

(BY SRI. MANJUNATHACHARY K.N. ADV., FOR R1 R2 DELETED V.C.O. DTD:24.11.2025)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, 1908, PRAYING TO CALL FOR RECORDS IN O.S.NO.633/2015 ON THE FILE OF THE HON'BLE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BANGALORE. SET ASIDE THE JUDGMENT AND DECREE DTD:31.03.2022 PASSED IN O.S.NO.633/2015 ON THE FILE OF THE HON'BLE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU, WHEREBY AN EQUAL HALF SHARE HAS BEEN ALLOTTED TO THE FIRST RESPONDENT/PLAINTIFF IN THE SUIT SCHEDULE PROPERTIES & ETC.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed challenging the judgment dated 31.03.2022 passed in O.S.No.633/2015 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

During the pendency of this appeal, the parties

have settled their dispute and filed the compromise

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petition dated 24.11.2025 under Order XXIII Rule 3 of

CPC.

3. The compromise petition reads as under:

"COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE

The appellants and Respondents submit as follows:-

01. That the above Regular First Appeal is filed by the appellants/defendant No.1 against the judgment and decree dated 31/03/2022 passed in O.S.No.633/2015 passed by the IV ADDL.SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU for granting the equal half share in the suit schedule properties.

02. That the suit is filed by the respondent No.1/plaintiff for the relief of partition and separate possession against defendants for equal half share in the suit schedule properties such as Sy No.36/13, measuring 1 ½ guntas land situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District, Sy No.50/1, measuring 1 acre 1 ½ guntas land situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District, Sy No.Sy No.85/1, measuring 21 guntas land situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District and Sy No.38/4, measuring 0-02.7 gunta and 0-0 ½ gunta kharab attached situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk. Which was came to be decreed by its judgment dated 31/3/2022.

03. It is submitted that the at the intervention of the well wishers and friends the parties to the appeal are agrees to settle the dispute amicably.

04. The parties desire to effect a partition of the schedule properties between themselves as they have no longer desire to continue as members and co-parceners of their joint family properties and desire to be separate in food, worship and state. Hence the appellant and

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respondent No.1 agreed to divide the schedule properties as state below.

05. It is submitted that parties hereto further covenants with each other will hereafter hold and stand possessed of the share allotted to him/her, quietly and peacefully and enjoy their respective shares thereof without any further suit, interruption, claim or demand by the covenanting party, his/her heirs, executors, administrators and assigns or any person claiming under him/her.

06. It is submitted that, the land in Sy No.74, measuring 20 gunts, Sy No.39/3, measuring 25 guntas of Kachamaranahalli Village and Site No.89, Katha No.112/89, Forum No.11, Katha No.107/89, measuring 70X40 feet, situated at Kachamaranahalli Village held by the mother of appellant and respondent9s shall belongs to the appellant and that the respondent hereby release and relinquish her all rights, interest and claim in respect of the properties held by the mother of appellant9s.

07. The parties hereby declare that they have right and interest over the properties allotted to the share of him/her and they have agreed that they will not interfere or claim or disturb the properties of other share holders. Each share holders have no objection to get separate katha as per their shares. In case if required other share holder are agreed to give consent and co-operate for survey of each shares.

08. That the respondent hereby agreed and declares that any property / properties belongs to the father of the parties being left in the suit and that the left out property / properties shall belongs to appellant and the respondent has no claim, right and interest on the left out property / properties of the father and which is exclusively belongs to appellant.

09. That the Sy No.50/1, situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District, the land was acquired by the BDA for formation of peripheral Ring Road (PRR) between Tumkur Road 3 Old and Hosur Road vide preliminary notification No.UDD/399/MNX/2006, Dated 29/06/2007 and final notification published in Karnataka State Official Gazette

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Part No.03, Page No.1077, Dated 03/07/2007. Now the respondent No.2 had issued the notice under section 9 and 10 of Land Acquisition Act 1894 to the land in question. Therefore appellant and respondent shall declare entitle for each 50% share in the compensation amount and also entitle for each 50% share to divide in equally of remaining land, which is left out from the acquisition.

10. That the parties have entered into this compromise petition with their free will and without force or coercion.

11. That the schedule A properties allotted to share of respondent No.1 and also schedule B properties allotted to share of the appellant herein.

Wherefore the Appellant and Respondent No.1 prays this Hon9ble court may be pleased to decree the suit in terms of this compromise petition and direct the office to draw final decree, in the interest of justice.

DIVISION OF SUIT SCHEDULE PROPERTIES:

SCHEDULE 8A9 PROPERTY

ALLOTTED TO THE SHARE OF RESPONDENT NO. 1 (SMT. K.N.NETRAVATHI @ NETRAVATHI) AS FOLLOWS:

Item No.1

All that piece and parcel of the agricultural land bearing Sy No.85/1, measuring 8 guntas land out of 21 guntas, situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk and bounded on the ;

East by : Land belonging to Krishna Murthy in Sy No.85/1 West by : Sy No.86/12 North by : Sy No.88 and 84 South by : remaining land in Sy No.85/1 belonging to the share of appellant

Item No.2

All that piece and parcel of the agricultural land bearing Sy No.50/1, measuring 20 ¾ guntas land situated at

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Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District and bounded on ;

East by : property of Susheelamma West by : Property of K.Lakshman Reddy North by : Property of Muni Reddy South by : Remaining land in Sy No.50/1 belongs to share of Appellant

SCHEDULE 8B9 PROPERTY

ALLOTTED TO THE SHARE OF APPELLANT (SRI.MURALIDHAR) AS FOLLOWS:

Item No.01

All that piece and parcel of the agricultural land bearing Sy No.85/1, measuring 13 guntas out of 21 guntas situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk and bounded on :

East by : Land belonging to Krishnamurthy in Sy No.89/1 West by : Sy No.86/12 North by : Remaining land in Sy No.85/1 belonging to Share of the respondent No.1 South by : Land belonging to Susheelamma in Sy No.85/1

Item No.2

All that piece and parcel of the agricultural land bearing Sy No.36/13, measuring 1½ guntas, situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk and bounded on :

East by : Property of Gangappa West by : Property of Gowramma, Jayarama Reddy North by : Property of Nagarajappa South by : Property of Susheelamma

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Item No.3

All that piece and parcel of the agricultural land bearing Sy No.38/4, measuring 2.7 guntas and ½ guntas karab along with house, situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk and bounded on the :

East by : Property of Chikkalashmaiah9s Sons West by : Government Road North by : House of Sidda Reddy South by : Property of Muni Reddy

Item No.4

All that piece and parcel of the agricultural land Sy No.50/1, measuring 20 ¾ guntas land situated at Kachamaranahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District and bounded on ;

East by : Property of Sushelamma West by : Property of K.Lakshman Reddy North by : Remaining land in Sy No.50/1 belongs to share of the Respondent No.1 South by : Property of Heggondanahalli Pillappa"

Appellant and respondent No.1, who are

present in-person and identified by their respective counsel, state that they have understood the terms of compromise and signed the compromise petition on their own volition.

5. We have perused the terms of compromise,

they are in accordance with law and not in violation of public policy.

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6. In view of the aforesaid compromise, the appeal

is disposed of in terms of the compromise.

Registry shall draw the decree accordingly.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR

List No.: 1 Sl No.: 48