Disposed

Smt Prema v. Sri S N Shivakumar

Karnataka HC3 Sept 2025RSA/1295/2013

Case brief

AI extract

What is this about?

The High Court accepted a compromise petition filed by appellants and respondents regarding a property partition suit. The court disposed of the regular second appeal and related interim application in terms of the recorded settlement agreement.

What did the court decide?

The appeal and the interlocutory application were disposed of in terms of the compromise petition. A decree was directed to be drawn.

Smt Prema Vs Sri S N Shivakumar — Partition | Karnataka HC (2025)

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 1295 OF 2013 (PAR-)

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BETWEEN:

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SMT. PREMA W/O. LATE GURUMALLAPPA, AGED ABOUT 64 YEARS,

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K.G. SHIVANANDA S/O. LATE GURUMALLAPPA, AGED ABOUT 46 YEARS,

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K.G. SHIVARUDRA S/O. LATE GURUMALLAPPA, AGED ABOUT 43 YEARS,

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K.M. CHANNARAJAPPA S/O. LATE MUDDAPPA, AGED ABOUT 46 YEARS,

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SHIVANNA

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SINCE DECEASED BY HIS LRS.,

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.09 12:01:20 +0530

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A. SMT NAGAMMA, W/O. LATE SHIVANNA, AGED ABOUT 65 YEARS,

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B. VEERABHADRAPPA @ NATARAJA S/O. LATE SHIVANNA, AGED ABOUT 43 YEARS,

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C. GURUSWAMY K.S. S/O. LATE SHIVANNA, AGED ABOUT 40 YEARS,

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ALL THE APPELLANTS ARE R/AT: KATWAL VILLAGE, KANDALIKE HOBLI, B. MATAKERE POST, H.D. KOTE TALUK, MYSORE DISTRICT-570001.

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…APPELLANTS

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(BY SRI. DIVYA KRISHNA, ADVOCATE)

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2 - NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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AND:

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SRI. S.N. SHIVAKUMAR S/O. S.M. NANJEGOWDA, AGED ABOUT 37 YEARS,

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SMT. S.N. PANKAJA W/O. K. SHIVARAMU, AGED ABOUT 42 YEARS,

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RESPONDENT NOS.1 AND 2 ARE R/AT: SAGARE VILLAGE, KANDALIKE HOBLI, B. MATAKERE POST, H.D. KOTE TALUK, MYSORE DISTRICT-570001

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SMT. S.N. SHASHIKALA W/O. B.P. SWAMY, AGED ABOUT 39 YEARS, R/AT: BADAGLAPURA VILLAGE, HADANUR POST, H.D. KOTE TALUK-570001.

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SRI. S.N.GEETHA W/O. DEVARAJU, AGED ABOUT 35 YEARS, R/AT: BETTADA BEEDU HAMPAPURA HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT-570001.

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SRI. S.M. NANJEGOWDA S/O. LATE S.A. MARIGOWDA, AGED ABOUT 66 YEARS, R/AT: SAGARE VILLAGE, KANDALIKE HOBLI, B. MATAKERE POST, H.D. KOTE TALUK, MYSORE DISTRICT-570001.

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…RESPONDENTS

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(BY SRI. B. ROOPESHA, ADVOCATE FOR R1 TO R5)

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THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 10.4.2013 PASSED IN R.A.NO.460/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 25.6.2011 PASSED IN OS.NO.95/2007 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HUNSUR.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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ORAL JUDGMENT

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The appellants and the respondents along with their respective counsel are present virtually. They are identified by their respective counsel.

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The appellants and the respondents have amicably settled their dispute and filed a compromise petition under Order XXIII Rule 3 of CPC, which reads as follows:

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“The Appellants and Respondents in the appeal states as under

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1. The respondents No.1 to 4 in the above appeal had filed a suit in O.S.No.95/2007 against the appellants and Respondent No.5 herein before the Hon'ble Senior Civil Judge and JMFC at Hunasur for the relief of partition and separate possession of their 4/5^th share in the suit schedule property. The appellants herein who are defendants before the trial court have filed written statement denying the claim of the plaintiffs by contending that their ancestors have purchased portion of schedule properties i.e., under two registered sale deeds dated:04/05/1983 they have purchased 1 acre 12 guntas of land in Survey Number 100 and 1 acre 23 guntas of land in Survey Number 135 situated at Sagare Village,

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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Kandalike Hobli, H.D.Kote Taluk, Mysuru District Vide Ex.D.2 and 2 acre 05 guntas of land in Survey Number 101 situated at Sagare Village Kandalike Hobli, H.D.Kote Taluk, Mysuru District Vide Ex.D.3, accordingly they have contended that they have purchased total extant of 5 acre 09 guntas of land including the kharab.

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2. It is submitted that the Hon'ble trial court by its judgment and decree dated: 25-06-2011 decreed the suit filed by the plaintiffs/respondents No.1 to 4, hence the appellant being aggrieved by the said judgment and decree has preferred R.A.No.460/2011 on the file of the presiding officer of the Fast Track Court at Hunsur, Mysuru District, the said appeal was came to be dismissed by its judgment and decree dated: 10-042013. Hence the appellants/Defendants No.1 to 5 being aggrieved by the judgments and decree passed by the both the courts have preferred this Regular Second Appeal.

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3. In view of the advice of the well-wishers and intervention of friends, the parties to the above appeal have agreed to settle the appeal in amicable manner as stated here under.

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4. In view of compromise arrived by the appellants and respondents, the respondents No.1 to 4 herein i.e., Plaintiffs before the trial court hereby confirm the registered sale deed dated: 04/05/1983 executed in favour of Ningamma wife of Muddappa in respect of land bearing Survey Number 100 measuring 1 acre 12 guntas

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5 - NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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and in Survey Number 135 measuring 1 acre 23 guntas of land situated at Sagare Village Kandalike Hobli, H.D Kote Taluk, Mysuru District Vide Ex.D.2 and the Sale Deed dated: 04/05/1983 executed in favour of K M Gurumallappa son of Muddappa in respect of Survey Number 101 measuring to an extant of 2 acre 05 guntas of land situated at Sagare Village, Kandalike Hobli, H.D Kote Taluk, Mysuru District Vide Ex.D.3 which are herein and hereafter referred as compromise "Schedule A Property", executed by their father i.e., 5th respondent/Defendant No.6. In view of relinquishment of rights and confirm the registered sale deeds in respect of above-mentioned property the respondents herein have agreed to receive a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) from the appellants as mentioned below.

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4.1) The 1st respondent (S.N Shivakumar) has received Rs. 7,00,000/- [Seven lakhs Rupees only] through DD bearing No. 603789 of Kaveri Grameena Bank, B. Matakere Branch, Saraguru Taluk, Mysore District.

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4.2) The 2nd respondent (Pankaja S.N) has received Rs. 2,75,000/- [Two Lakhs Seventy Five Thousand Rupees only] through DD bearing No. "580389" Of Canara Bank, Saraguru Branch, Mysore District

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4.3) The 3rd respondent (S.N Shashikala) has received Rs.2,75,000/- [Two Lakhs Seventy Five Thousand Rupees only] through DD bearing No. "232280" Of HDFC Bank,

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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Chamarajanagara Branch [Bharathiya Sahakara Bank Niyamitha].

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4.4) The 4th respondent (S.N Geetha) has received Rs. 2,50,000/- [Two Lakhs Fifty Thousand Rupees only] out of which Rs.50,000/- [Fifty Thousand Rupees Only] through DD bearing No. "603790" of Kaveri Grameena Bank, B. Matakere Branch, Saraguru Taluk, Mysore District and Rs.2,00,000/- [Two Lakhs Rupees Only] through DD bearing No. "580388" of Canara Bank Saraguru Branch, Mysore District.

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5. The land comprised in Sy.100/1, 100/2 101/2 101/3 135/1, 135/2 and 135/3 shown in the schedule 'A' property total extent of 5.00 acres belongs to Appellants Nos.4 and 5 out of which the southern half portion measuring 02 Acres 20 guntas has fallen to the share of 4^th appellant. The remaining northern half portion measuring 02 acres 20 guntas has fallen to the share of deceased 5^th defendant before the Trial Court now his legal heirs appellants 5(a) to 5(c). The Appellants No.1 to 3 have no right, title, interest or possession over the 'A' schedule property and the Appellants 1 to 3 have relinquished their rights, title and interest over the "A" schedule property in favour of Appellants 4, 5 (a) to 5(c).

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6. Remaining land on the northern side of "A" schedule property shall belongs to respondents which is herein and hereafter referred as compromise "Schedule B Property". In view of the compromise entered between the parties the respondents No.2 to 4 herein i.e., Plaintiffs No.2 to 4

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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before the trial court and 5th respondent/Defendant No.6 have agreed to relinquish all their rights, title and interest over the suit schedule properties as well as the compromise Schedule B Property in favour of Respondent No.1/Plaintiff No.1, by receiving above mentioned amount as Full and Final settlement towards their share.

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7. To identify Schedule A & B Property a sketch prepared in the presence of both parties is attached along with this compromise petition. The Appellants and Respondents hereby confirm and acknowledge the possession of their respective lands as detailed in the sketch.

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8. That the appellants and respondent No.1 through this compromise hereby acknowledge the delivery of exclusive possession of their respective properties.

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9. That the parties to this compromise shall ensure and confirm that they have no right to interfere with the peaceful possession and enjoyment of the property allotted to them and the respective allottees of this compromise are at liberty to obtain Khatha in their name in respect of their respective properties.

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10. The parties here to declare that this agreement is not in violation of law, nor is prompted by any kind of influence or pressure, nor is the same intended to defeat the rights of any party. There are no other persons who are interested in the compromise schedule properties apart from plaintiff and defendants.

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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WHEREFORE, it is humbly prayed that this Hon'ble court be pleased to allow the compromise petition and modify the judgment and decree passed by the both the courts in terms thereof.

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SCHEDULE 'A' PROPERTY

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The land bearing Survey Number 100 measuring 1 acre 12 guntas, the land bearing Survey Number 135 measuring 1 acre 23 guntas and land bearing Survey Number 101 measuring to an extant of 2 acre 05 guntas of land totally measuring 5 acres Now the same are poded as bearing Sy No. 100/1, 100/2, 101/2, 101/3, 135/1,135/2 and 135/3 situated at Sagare Village Kandalike Hobli, H.D.Kote Taluk, now Saraguru Taluk, Mysuru District and bounded as follows:

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East by: Halla (Heballa)

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West by: Bidarahalli Road,

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North by: Land of S.M.Nanjegowda Now Shivakumar, South by: Land of Nagamma wife of Nagaraju

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SCHEDULE 'B' PROPERTY

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Remaining land situated on Northern side of the 'A' schedule property in Sy.No. 100/1 and 101/1 situated at Sagare Village Kandalike Hobli, H.D.Kote Taluk now Saraguru Taluk, Mysuru District and bounded as follows:

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East by: Halla (Heballa) West by: Bidarahalli Road, North by: Land of Karinaika, South by: Land of appellants 5(a) to 5(c).”

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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The contents of the compromise petition was

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read over and explained to the parties in Kannada

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10 -

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NC: 2025:KHC:34547 RSA No. 1295 of 2013

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HC-KAR

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language, and they have accepted the terms and conditions of the compromise petition.

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I have perused the contents of the compromise

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petition.

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The compromise petition is taken on record.

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There is no legal impediment in accepting the

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compromise petition.

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Accordingly, the appeal is disposed off, in terms

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of the compromise petition.

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The office is directed to draw the decree, in

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terms of the joint memo.

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In view of disposal of the appeal, I.A.No.1/2013 does

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not survive for consideration, and the same is disposed of.

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Sd/(ASHOK S.KINAGI) JUDGE

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MBS CT:PA LIST NO.: 19 SL NO.: 1

Smt Prema v. Sri S N Shivakumar

Case brief

What is this about?

What did the court decide?

Smt Prema v. Sri S N Shivakumar

Case brief

What is this about?

What did the court decide?

What the court decided

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