Sri Mallaiah Vs Kamalamma — Karnataka HC (2025) — LawSathi Research

Sri Mallaiah Vs Kamalamma — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the recorded compromise: appellants admit the respondent purchased 25 guntas in Sy No 160, Jabagatta Village, from Mallaiah under registered sale deed dated 25/06/1977 and is sole and absolute owner in possession and enjoyment; appellants confirm no claim, right, title or interest over the land; respondent paid Rs.1,95,000 to appellant No.1(a); appellants to sign forms/applications for transfer of khatha and revenue records to the respondent; parties to bear their own costs; all pending I.As. disposed of accordingly.

Ratio / Principle

The Compromise Petition filed by the parties under Order XXIII Rule 3 CPC on 17.11.2025, whose contents were read over and explained to the parties, is placed on record.

Key takeaways

On recording the compromise petition, the Regular Second Appeal stands disposed of in terms of the compromise petition filed by the parties.ratio¶64
All pending interlocutory applications (I.As.) stand disposed of accordingly.ratio¶65

Detailed headnote1 paragraphs

High Court of Karnataka (Dr. Justice K. Manmadha Rao), oral judgment dated 19.11.2025 in RSA No. 1243 of 2016 (filed under Sec.100 CPC against the judgment and decree dated 08.10.2012 in R.A.No.87/2007, Senior Civil Judge & JMFC, Tiptur, which had allowed the appeal and set aside the judgment and decree dated 17.04.2007 in O.S.No.166/2004, Addl. Civil Judge (Jr.Dn.), JMFC, Tiptur): disposed of on compromise. Appellants (LRs of deceased Mallaiah) and respondent Kamalamma filed a Compromise Petition under Order XXIII Rule 3 CPC on 17.11.2025; contents read over, explained and recorded. Settlement terms: appellants admit the respondent purchased 25 guntas out of 1 acre 27 guntas in Sy No 160, Jabagatta Village, Nonavinakere Hobli, Tiptur Taluk, Tumkur District from Mallaiah under registered sale deed dated 25/06/1977 with physical delivery of possession, and is sole and absolute owner in possession and enjoyment; earlier proceedings O.S.No.191/1982, R.A.No.64/1989 and RSA No.255/1991 relate to a different transaction between Mallaiah and Ganesh Gowda; appellants 1(b)-(d) had executed a registered release deed dated 5/3/2016 in favour of appellant 1(a); respondent paid Rs.1,95,000 to appellant 1(a); appellants confirm no claim over the land and undertake to sign documents for transfer of khatha and revenue records to the respondent; parties bear their own costs. All pending I.As. disposed of accordingly.

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NC: 2025:KHC:47663 RSA No. 1243 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1243 OF 2016

BETWEEN:

SRI MALLAIAH

SINCE DEAD BY LRS

1a) JAKKANNA

S/O MALLAIAH

AGED 45 YEARS R/A JABAGHATTA VILLAGE NONAVINAKERE HOBLI, TIPATUR TALUK

TUMKURU DISTRICT-572224.

b) KEMPAMMA

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

W/O LATE THIMMAIAH AGED 65 YEARS, R/A TURUVEKERE TOWN TURUVEKERE TALUK

TUMKUR DISTRICT-572227.

c) LAKSHMAMMA W/O RANGAPPA AGED 60 YEARS

R/A JABAGHATTA VILLAGE NONAVINAKERE HOBLI, TIPATUR TALUK

TUMKURU DISTRICT-572224.

d) NANJAMMA W/O APPANNA

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AGED 50 YEARS R/A MALLENAHALLI VILLAGE NONAVINAKERE HOBLI, TIPATUR TALUK TUMKURU DISTRICT-572224.

…APPELLANTS

(BY SRI. SIDDAPPA V.D., & SRI. AJAY.N., ADVOCATES)

AND:

KAMALAMMA W/O K B SHIVANNA, AGED 70 YEARS R/A KAREHALLI, C R PATNA TALUK HASSAN DISTRICT-573116.

…RESPONDENT

(BY SRI. S. V. PRAKASH., ADVOCATE)

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.10.2012 PASSED IN R.A.NO.87/2007 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.04.2007 PASSED IN O.S.NO.166/2004 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.), JMFC., TIPTUR AND ETC.

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

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NC: 2025:KHC:47663 RSA No. 1243 of 2016

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

The appellant No.1 (a), who is the Special Power of Attorney holder for appellants No.1 (b) to (d) and the respondent are present before this Court.

The parties i.e., the appellants and the respondent have filed a Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 on 17.11.2025. The Compromise petition is signed by the parties and their respective learned Counsels. The contents of the Compromise petition are read over and explained to the parties in the language known to them.

As submitted by both the learned Counsels and their parties, the matter is settled as per the following terms :

"1. At the intervention of well-wishers the parties have settled their disputes out of court and they are submitting the following Compromise Petition.

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2. The Appellants admit that the Respondent had purchased an extent of 25 Guntas bounded on the East by Land of K. B. Shivanna, West by Land of Nanjaiah Urf Ganashaiah, North by Land of Mallaiah and South by land of K.S. Thimmegowda, out of total extent of 1 Acre 27 Guntas of Land in Sy No 160 of Jabagatta Village, Nonavinakere Hobli, Tiptur Taluk, Tumkur District from Mallaiah Under Registered Sale Deed dated 25/06/1977 and the vendor Mallaiah delivered Physicai possession of the said land is the subject matter of OS NO.166/2004 on the file of learned Additional Civil Judge, JMFC, Tiptur.

3. The Appellants further admit that the land pertaining to suit in O.S.NO. 191/1982, R.A. NO. 64/1989 and RSA. NO. 255/1991 is relating to a different transaction between Mallaiah and Ganesh Gowda, and does not include this land measuring 25 Guntas sold by Mallaiah to the Respondent herein.

4. The Appellants admit that the Respondent is the sole and absolute owner in possession and enjoyment of the land which is the subject

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matter of O.S.NO. 166/2004 on the file of the learned Additional Civil Judge, JMFC, Tiptur.

5. As per the terms of settlement arrived at between the parties, the Respondent has paid a sum of Rs.1,95,000 to the Appellant No 1 (a) to put an end to the litigation and the disputes between parties.

6. The Appellants further submit that the Appellants 1(b) to 1 (d) have executed Registered Release Deed dated 5/3/2016 under which they have released their right title and interest over the land in favour of the Appellant No 1(a) and therefore the Appellant No 1(a) has become the sole and absolute owner of the land in question, Being the sole owner of the land, the Appellant No 1 (a) has received the amount of Rs.1,95,000/- from the Respondent under this settlement.

7. The Appellants confirms that they have no claim whatsoever or right, title or interest over the land which is the subject of the suit.

8. The Appellants have no objection for the Respondent getting the khatha and other revenue records of the land transferred to her

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name and undertake to sign all forms, applications or memos as may be required for the said purpose.

9. Parties to bear their own cost.

The Compromise petition is placed on record.

On recording the compromise petition, this

Regular Second Appeal stands disposed of in terms of the compromise petition filed by the parties.

All pending I.As., stand disposed of accordingly.

Sd/(DR.K.MANMADHA RAO) JUDGE

JT/-

CT: JL