Sri Rajanna Vs Smt Saraswathamma @ Saraswathi — Karnataka HC (2025) — LawSathi Research

Sri Rajanna Vs Smt Saraswathamma @ Saraswathi — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the joint compromise: I.A.No.2/2025 allowed; lands in Sy.Nos.14/2A, 13/3 and 35/1 at Kuluvanahalli Village allotted per Schedules A to F (each of the six sides taking a 1/6th share, the residential property falling to Appellants 1(a)-(c) under Schedule D); each party's 1/6th share of land acquisition compensation in L.A.C.Misc No.33/2022 to be dealt with equally as per Schedule G; final decree to be drawn accordingly (3 sketches form part of the final decree); other pending interlocutory applications disposed of as not surviving.

Issue for consideration

Whether the decree in O.S.No.935/2009 granting respondent Nos.1 to 3/plaintiffs a 1/6th share in the schedule properties, upheld by the I Addl. District Judge in R.A.No.236/2013, should be set aside in this regular second appeal under Section 100 CPC. +1 more

Ratio / Principle

The joint compromise application under Order 23 Rule 3 read with Section 151 of CPC filed by all the parties (allowed as I.A.No.2/2025) is allowed.

Key takeaways

The appeal is disposed of in view of the terms of the compromise.ratio¶¶209
In terms of the compromise, the schedule properties stand divided as per Schedules A to F with each party/group taking a 1/6th share (with modifications), and the parties agreed to divide equally their respective 1/6th shares of the land acquisition compensation as per Schedule G.ratio¶¶207
A final decree is to be drawn in terms of the compromise.ratio

Detailed headnote1 paragraphs

Second appeal under Section 100 CPC by defendant No.1 (since dead, represented by his legal representatives) against the concurrent decrees in O.S.No.935/2009 (Senior Civil Judge and JMFC, Nelamangala, decree dated 2.9.2011) and R.A.No.236/2013 (I Addl. District Judge, Bangalore Rural District, decree dated 13.4.2018), whereby respondent Nos.1 to 3/plaintiffs were granted a 1/6th share in the suit schedule properties. During pendency of the appeal all parties appeared and filed a joint compromise application under Order 23 Rule 3 read with Section 151 CPC, agreeing to take a 1/6th share each with modifications: Schedules A to F apportion the lands in Sy.Nos.14/2A, 13/3 and 35/1 at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk (Bengaluru Rural District), together with a residential property, among the six sides; Schedule G provides that each party shall withdraw its 1/6th share of the land acquisition compensation (acquisition of part of Sy.No.13/3) deposited in L.A.C.Misc No.33/2022 before the VI Additional District and Sessions Judge, Bengaluru Rural District, the 1/6th shares therein being divided equally as agreed. Held: compromise application allowed; appeal disposed of in terms of the compromise; final decree directed to be drawn accordingly, three sketches forming part of the final decree; other pending interlocutory applications disposed of as not surviving.

NC: 2025:KHC:5800 RSA No. 1406 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE K.NATARAJAN

REGULAR SECOND APPEAL NO. 1406 OF 2018 (PAR-)

BETWEEN:

SRI. RAJANNA S/O LATE HANUMANTHAIAH, DEAD BY HIS LRS

1(a) SMT. NAGARATHNAMMA W/O LATE. RAJANNA, AGED ABOUT 57 YEARS,

1(b) SMT. HEMA

D/O LATE. RAJANNA AND W/O MAREGOWDA AGED ABOUT 38 YEARS,

Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

1(c) SRI. ANIL KUMAR S/O LATE RAJANNA AGED ABOUT 36 YEARS,

ALL ARE R/AT KULUVANAHALLI VILLAGE, TYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 111.

…APPELLANTS

(BY SRI. RAVISHA M G ., ADVOCATE FOR LR'S OF APPELLANT i.e., A1 (A TO C) )

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AND:

SMT. SARASWATHAMMA @ SARASWATHI W/O LATE VENKATARAMANAPPA AGED ABOUT 60 YEARS, R/AT NO.3140, C BLOCK, 9^TH CROSS, GAYATHRI NAGARA, BENGALURU - 560 021.

SMT. GIRIJA B D/O LATE ASHWATHAMMA AND BASAVARAJU, W/O H M YOGESH, AGED ABOUT 35 YEARS, R/AT: NO.57, 1^ST MAIN ROAD, NARASIMAYYANAPALYA, SUMMANAHALLI, BENGALURU - 560 091.

SMT. CHENNAMMA W/O LATE ANJINAPPA, AGED ABOUT 62 YEARS, R/AT NO.100, 4TH CROSS, NAGAPPA BLOCK, SRIRAMPURA, BENGALURU - 560 021.

SMT. THIMMAKKA W/O LATE VENKATESH, AGED ABOUT 58 YEARS, R/AT: 'SANIHA FARM', BENGALURU-MADHUGIRI MAIN ROAD, HALENAHALLI VILLAGE, NARASIPURA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN - 562 111.

*re-typed and replaced vide chamber order dated 22-02-2025.

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SMT. HANUMAKKA W/O LATE THIMMADASAIAH, AGED ABOUT 69 YEARS, R/AT:NO.83, 7^TH CROSS, JAIMARUTINAGAR, NANDHINI LAYOUT, BENGALURU - 560 096.

SMT. MAMATHA V W/O HARISH KUMAR M R D/O LATE VENKATESH, AGED ABOUT 34 YEARS, R/AT: 'SANIHA FARM', BENGALURU-MADHUGIRI MAIN ROAD, HALENAHALLI VILLAGE, NARASIPURA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN - 562 111.

…RESPONDENTS

(BY SRI. NAGA REDDY V., ADVOCATE FOR C/R1 & 2; SRI. B. KESHAVA MURTHY, ADVOCATE FOR R3; SRI. G.R.SHESHADRI, ADVOCATE FOR R4; SRI. N.MUNIVENKATAPPA, ADVOCATE FOR R5; SRI. HARISH KUMAR M.R., ADVOCATE FOR R6)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:13.4.2018 PASSED IN RA NO.236/2013 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED:2.9.2011 PASSED IN OS NO.935/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA.

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

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

CORAM: HON'BLE MR JUSTICE K.NATARAJAN

ORAL JUDGMENT

This appeal is filed by the appellant/defendant No.1 under Section 100 of CPC for setting aside the decree in O.S.No.935/2009 upheld by the I Addl District Judge in R.A.No.236/2013 decreeing the suit of the respondent Nos.1 to 3/plaintiffs by granting 1/6^th share in the various items of the schedule property.

During the pendency of the appeal, all the legal representative of the appellant/defendant No.1 and respondents Nos.1 to 3/plaintiffs, respondent No.4 and 5/defendant Nos.2 and 3, and also respondent No.6, are present and filed joint compromise application under Order 23 Rule 3 read with section 151 of CPC in I.A.No.2/2015. As per the same the parties are ready to compromise in terms of the decree for taking 1/6^th of the share of the property with little modifications and shares falling of properties mentioned as under;

"SCHEDULE-A

Allotted to the share of Smt. Saraswathamma @ Saraswathi - Respondent No.1/Plaintiff No.1:

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

denoted as Part-5 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by: The Property allotted to the share of respondent No.2/Plaintiff No.2 Smt.Girija B in same Survey number.

West by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Smt.Chennamma in same Survey number.

North by: Property belongs to Channappa

South by: Property bearing Sy.No.17/1

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No. 17/1 to Lakkenahalli and Thyamagondlu Government Road)

2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 11 Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala -Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-5 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property.

bounded on:

East by: Government road

West by: Property bearing Sy.No. 13/2.

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

North by: The Property allotted to the share of Respondent No.2/Plaintiff No.2 Smt.Girija B in same Survey number.

South by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Chennamma in same Survey number.

3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 1¾ Guntas out of 10½ Guntas, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property.

bounded on:

East by: Private property

West by: Property bearing Sy No.34.

North by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number

South by: The Property allotted to the share of Respondent No.4/Defendant No.2 & Respondent No.6 in same Survey number.

SCHEDULE-B

Allotted to the share of Smt. Girija B D/o Late Ashwathamma and Basavaraju - Respondent No.2/Plaintiff No.2:

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17

*re-typed and replaced vide chamber order dated 22-02-2025.

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Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-6 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by: Karab land in same SY Number and property bearing SY No.15,

West by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number.

North by: Property belongs to Channappa

South by:Property bearing Sy.No.17/1

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 to Lakkenahalli and Thyamagondlu Government Road)

2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala - Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village. Thyamagondlu Hobli. Nelamangala Taluk. Bengaluru Rural District, which is denoted as Part-6 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property.

bounded on:

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

East by: Government road and SY No.14/3

West by:Property bearing Sy.No.13/2.

North by:Lakkenahalli Border.

South by:The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number,

SCHEDULE-C:

Allotted to the share of Smt. Chennamma - Respondent No.3/Plaintiff No.3:

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobil, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by : The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same survey number,

West by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number,

North by: Property belongs to Channappa

South by: Property bearing Sy.No.17/1

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 to Lakkenahalli and Thyamagondiu Government Road)

2. All that piece and parcel of Land bearing Sy.No. 13/3, measuring 11 Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala -Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property,

bounded on:

East by: Govemment road

West by: Property bearing Sy.No. 13/2.

North by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number,

South by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka and Respondent No.6 Mamatha V in same Survey number,

SCHEDULE-D

Allotted to the share of Smt. Nagarathnamma, Smt. Hema, & Sri. Anil Kumar - Appellants NO.1(a) to (c) / LRs of Rajanna:

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village. Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Chennamma in same Survey number. West by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka and Respondent No.6 Mamatha V in same Survey number.

North by: Property belongs to Channappa

South by: Property bearing Sy.No.17/1

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 to Lakkenahalli and Thyamagondlu Government Road)

2. All that piece and parcel of Land bearing Sy.No.13/3. measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property.

bounded on:

East by: Government road

West by: Property bearing Sy.No. 13/2,

North by: The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number.

South by: National Highway No.48

3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 3½ Guntas out of 10½ Guntas, situated at Kuluvanahalli Village, Thyamagondlu Hobli Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property,

bounded on:

East by: Private property

West by: Property bearing Sy.No.34.

North by: The Property belongs to Krishnappa.

South by: The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number.

4. All that piece and parcel of the residential property measuring about 85x65 feet consisting mud roofed house (Madras Tarasi house) which is in dilapidated condition and vacant space

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

thereof, presently Katha with old Property identification Number 117, Sl. No.108, as indicated in the demand register for the year 2024-25 issued by Kuluvanahalli Grama Panchayat situated at Kuluvanahalli Village and post, Thyamagondlu Hobli, Nelamangala Taluk,

bounded on:

East by: Road

West by: Property belongs to Raghukumar

North by: The Property belongs to Krishnappa, South by: The Property belongs to Ravikumar.

SCHEDULE-E

Allotted to the share of Smt. Thimmakka Respondent NO.4/defendant No.2 and Smt. Mamatha V/Respondent No.6:

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by: The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number.

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

West by: The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number,

North by: Property belongs to Channappa

South by: property bearing Sy.No.17/1

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 to Lakkenahalli and Thyamagondlu Government Road)

2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala - Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property.

bounded on:

East by:Government road

West by: Property bearing Sy.No. 13/2.

North by: The Property allotted to the share of Respondent No.3/Plaintiff No.3 Chennamma in same Survey number.

South by: The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number.

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 1¾ Guntas out of 10½ Guntas, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-3 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property,

bounded on:

East by: Private property

West by: Property bearing Sy.No.34.

North by:The Property allotted to the share of Respondent No.1/Plaintiff No.1 Smt.Saraswathamma @ Saraswathi in same Survey number,

South by:The Property allotted to the share of Respondent No.5/Defendant No.3 Smt.Hanumakka in same Survey number.

SCHEDULE-F

Allotted to the share of Smt. Hanumakka Respondent No.5/Defendant No.3:

1. All that piece and parcel of Land bearing Sy.No.14/2A, measuring 17 Guntas, out of 2 Acre 24 Guntas including 2 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-1 in the Annexed private Surveyor Sketch of Item No.1 of Plaint Schedule Property.

bounded on:

East by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka and Respondent No.6 Mamatha V in same Survey number.

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

West by: Property bearing Sy.No.14/2B North by: Property belongs to Channappa South by: Property bearing Sy No.17/1

(in the said property towards southern side 15 Feet Width space left for road and drainage, the said road connects through SY No.17/1 to Lakkenahalli and Thyamagondlu Government Road)

2. All that piece and parcel of Land bearing Sy.No.13/3, measuring 10½ Guntas out of available 1 Acre 24 Guntas, on excluding the area of acquisition and uses of 11 Guntas cultivable Land by the authority of NH-48 (Nelamangala - Tumkur Road) and 5 Guntas Kharab, situated at Kuluvanahalli Village, Thyamagandlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-2 in the Annexed private Surveyor Sketch of Item No.2 of the Plaint Schedule Property.

bounded on:

East by: Government road

West by:Property bearing Sy.No.13/2.

North by:The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka and Respondent No.6 Mamatha V in same Survey number.

South by:The Property allotted to the share of Appellant No.1 (a) to (c) (Lrs of Rajanna) in same Survey number,

*re-typed and replaced vide chamber order dated 22-02-2025.

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NC: 2025:KHC:5800 RSA No. 1406 of 2018

3. All that piece and parcel of Land bearing Sy.No.35/1, measuring 3½ Guntas out of 10½ Guntas, situated at Kuluvanahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which is denoted as Part-4 in the Annexed private Surveyor Sketch of Item No.3 of the Plaint Schedule Property,

bounded on:

East by: Private property

West by: Property bearing Sy.No.34.

North by: The Property allotted to the share of Respondent No.4/Defendant No.2 Thimmakka and Respondent No.6 Mamatha V in same Survey number.

South by: The Property bearing Sy. No.35/2.

SCHEDULE-G

Equal share of Land Acquisition compensation

The Appellants and respondents agreed to withdraw their respective 1/6^th share in the total compensation with its accumulated interest if any, which is deposited as subject matter in L.A.C.Misc No.33/2022 pending before the Hon'ble VI Additional District and Session Judge. Bengaluru Rural District, Bengaluru for the acquisition of portion of Land bearing Sy.No.13/3 of Kuluvanahalli village, Thyamangondlu Hobli, Nelgamangal Taluk, Bengaluru Rural District as denoted hereunder;

a) Saraswathamma @ Saraswathi Respondent No.1/plaintiff No.1 is entitle 1/6^th share,

*re-typed and replaced vide chamber order dated 22-02-2025.

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b) Girija B Respondent No.2/Plaintiff No. 2 is entitle 1/6^th share,

c) Chenamma Respondent No.3/Plaintiff No.3 is entitle 1/6^th share,

d) Nagarathnamma, Hema & Anil Kumar being LRs of Appellant No.1 jointly entitle 1/6^th Share,

e)Thimmakka Respondent No.4/defendant No.2 and Mamatha V/Respondent No.6 jointly entitle 1/6^th share,

f) Hanumakka Respondent No.5/defendant No.3 is entitle to 1/6^th share.

allotting the schedule 'A to F' for each 1/6^th share as per the schedule 'A to F' respectively and in respect of some of the portion of the land filed for compensation said to be awarded as per the schedule 'G' and parties have agreed to divide equally the 1/6^th of the share as per the schedule 'G'.

The terms of the compromise is that all the parties agreed for the same compromise in accordance with law. Hence, I.A.No.2/2025 is hereby allowed.

Consequently, the appeal is disposed of in view of terms of the compromise.

*re-typed and replaced vide chamber order dated 22-02-2025.

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Draw final decree accordingly.

There are 3 sketches produced herein forming part of the final decree.

In view of disposal of this appeal other pending interlocutory application does not survive for consideration. Hence, all other pending interlocutory applications are hereby disposed of.

Sd/(K.NATARAJAN)

JUDGE

AKV List No.: 1 Sl No.: 43 CT:SK