Smt.Mangalamma Vs Sri.Venkatamuniyappa — Karnataka HC (2025) — LawSathi Research

Smt.Mangalamma Vs Sri.Venkatamuniyappa — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal decreed in terms of the memorandum of settlement/compromise between the parties; plaint amendment permitted (addition of two properties and minor corrections in the memorandum of agreement); decree to be drawn up in terms of the compromise and parties to abide by it; court fee, if any, refundable as applicable on proper identification.

Issue for consideration

Whether the Regular First Appeal against the judgment and decree dated 02.11.2022 in O.S.No.75/2015 (suit for partition and injunction dismissed by the Senior Civil Judge, Magadi) should be allowed, and on what terms.

Court's answer

As there was no objection from either side, amendment of the plaint by adding two properties and minor corrections in the memorandum of agreement (with regard to the names of the parties) are permitted.

Ratio / Principle

The settlement arrived at between the parties, reduced into writing in the memorandum of settlement, is recorded.

Key takeaways

The appeal is decreed in terms of the compromise entered into between the parties.ratio¶5
Decree shall be drawn up in terms of the compromise and the parties shall abide by the terms of the compromise.ratio¶6
Court fee, if any, shall be refundable as applicable on proper identification (sentence continues at para 45: 'applicable on proper identification.').ratio

Detailed headnote1 paragraphs

High Court of Karnataka, Division Bench (Anu Sivaraman and Rajesh Rai K, JJ.; judgment per Anu Sivaraman, J.), 22.09.2025 — RFA No. 63 of 2023 (PAR/INJ) filed under S.96 CPC against the judgment and decree dated 02.11.2022 of the Senior Civil Judge, Magadi in O.S.No.75/2015 dismissing a suit for partition and injunction. Neither side objected to amendment of the plaint by adding two properties and to minor corrections in the memorandum of agreement regarding party names; both were permitted. The parties were present in person and duly identified by counsel; the settlement between them, reduced into writing in a memorandum of settlement, was recorded and the appeal was decreed in terms of the compromise. Decree to be drawn up in terms of the compromise; parties to abide by it; court fee, if any, refundable as applicable on proper identification.

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NC: 2025:KHC:38116-DB RFA No. 63 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

REGULAR FIRST APPEAL NO. 63 OF 2023 (PAR/INJ)

BETWEEN:

SMT.MANGALAMMA W/O LAKSHMANAPPA, D/O VENKATAMUNIYAPPA, AGED ABOUT 31 YEARS,

SMT VENKATALAKSHMAMMA W/O KUMAR,

AGED ABOUT 28 YEARS,

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

BOTH ARE R/AT HONNAGANAHATTI VILLAGE, TAVAREKERE POST, TAVAREKERE HOBLI,

MAGADI MAIN ROAD, BENGALURU SOUTH TALUK.

…APPELLANTS

(BY SRI. SHIVAKUMAR D.K, ADVOCATE)

AND:

SRI.VENKATAMUNIYAPPA S/O LATE BYLAPPA, AGED ABOUT 65 YEARS,

SRI RAMESHA V S/O VENKATAMUNIYAPPA, AGED ABOUT 35 YEARS,

2 - NC: 2025:KHC:38116-DB RFA No. 63 of 2023

HC-KAR

SRI. GANGARAJU (DEAD)

4.. SMT BYALAHANUMAKKA W/O VENKATAMUNIYAPPA, AGED ABOUT 54 YEARS,

DEFENDANT NO.1 TO 3 ARE R/AT HONNAGANAHATTI VILLAGE, TAVAREKERE HOBLI, MAGADI MAIN ROAD, TAVAREKERE POST BENGALURU-560 056

…RESPONDENTS

(BY SRI. S. VIJAYAKUMAR, ADVOCATE FOR R2, R1, R3 - PARTY-IN-PERSON PRESENT BEFORE THE COURT ON 22.09.2025)

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.11.2022 PASSED IN OS.NO.75/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE MAGADI, DISMISSING THE SUIT FOR PARTITION AND INJUNCTION.

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 RAJESH RAI K

3 - NC: 2025:KHC:38116-DB RFA No. 63 of 2023

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned counsel appearing on either side.

It is submitted by the learned counsel appearing on either side that there is no objection to the amendment of the plaint by adding two properties and for minor corrections being effected in the memorandum of agreement with regard to the names of the parties.

In the above view of the matter, the amendment of the plaint is permitted to be carried out. The minor corrections are also permitted to be carried out in the memorandum of agreement as sought for.

The parties are present before the Court in person and are duly identified by learned counsel for the appellant as well as respondent No.1.

The settlement arrived at between the parties, which is reduced into writing in the memorandum settlement, is recorded. The appeal is decreed in terms of the compromise entered into between the parties.

4 - NC: 2025:KHC:38116-DB RFA No. 63 of 2023

HC-KAR

Decree shall be drawn up in terms of the compromise. The parties shall abide by the terms of compromise.

The Court fee, if any, shall be refundable as

applicable on proper identification.

SD/(ANU SIVARAMAN) JUDGE

SD/(RAJESH RAI K) JUDGE

CR List No.: 1 Sl No.: 58