Sri. Kalleshappa Vs Smt. Yashodamma — Karnataka HC (2025) — LawSathi Research

Sri. Kalleshappa Vs Smt. Yashodamma — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals disposed of in terms of the compromise petition: Smt. Yashodamma (respondent in RSA No.1526/2023 and appellant in RSA No.1750/2022) to execute a relinquishment deed in favour of Sri Kalleshappa, Sri Yashavantha and Smt. Kamalamma (appellants in RSA No.1526/2023 and respondents in RSA No.1750/2022), in view of 100 grams of gold already given to her; registry to draw the decree accordingly; pending I.As. in both appeals dismissed.

Ratio / Principle

The compromise petition filed by the parties under Order XXIII Rule 3 of CPC was accepted and taken on record, the parties having accepted the terms of compromise.

Key takeaways

Both RSA No.1526/2023 and RSA No.1750/2022 are disposed of in terms of the compromises arrived at between the parties.ratio¶47
Registry was directed to draw the decree in terms of the compromise.ratio¶50
Interlocutory applications, if any, in both appeals do not survive for consideration and stand dismissed in view of disposal of the main appeals.ratio¶54

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (H.P. Sandesh, J.; oral judgment dated 23-07-2025): Two cross Regular Second Appeals under Section 100 CPC - RSA No.1526/2023 (Kalleshappa, Yashavantha and Kamalamma v. Yashodamma) and RSA No.1750/2022 (Yashodamma v. Kalleshappa, Yashavantha and Kamalamma) - both against the judgment and decree dated 07.09.2022 in R.A.No.6/2022 (Principal Judge, District and Sessions Judge, Family Court, Chikkamagaluru), which had confirmed the judgment and decree dated 03.07.2018 in O.S.No.18/2009 (Senior Civil Judge, Kadur) - DISPOSED OF in terms of a compromise petition under Order XXIII Rule 3 CPC: the respondent in RSA No.1526/2023 / appellant in RSA No.1750/2022 (Yashodamma) agreed to execute a relinquishment deed in favour of the appellants in RSA No.1526/2023 / respondents in RSA No.1750/2022, in view of 100 grams of gold already given to her; compromise petition taken on record; registry directed to draw the decree accordingly; pending I.As. in both appeals dismissed as not surviving. No substantive issue adjudicated; no precedent cited.

1 - NC: 2025:KHC:28177 RSA No. 1526 of 2023 C/W RSA No. 1750 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.1526 OF 2023 (PAR) C/W REGULAR SECOND APPEAL NO.1750 OF 2022 (PAR)

IN RSA No.1526/2023:

BETWEEN:

SRI. KALLESHAPPA S/O LATE BOMMANNA AGED ABOUT 63 YEARS R/O SOORAPURA VILLAGE (WRONGLY MENTIONED BY THE PLAINTIFF IN APPEAL MEMO AS SOORANAPURA VILLAGE) YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALURU – 577548.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SRI. YASHAVANTHA S/O SRI KALLESHAPPA AGED ABOUT 30 YEARS R/O SOORAPURA VILLAGE (WRONGLY MENTIONED BY THE PLAINTIFF IN APPEAL MEMO) YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALURU – 577548

SMT. KAMALAMMA W/O SRI KALLESHAPPA AGED ABOUT 55 YEARS R/O SOORAPURA VILLAGE (WRONGLY MENTIONED BY THE PLAINTIFF IN APPEAL

2 - NC: 2025:KHC:28177 RSA No. 1526 of 2023 C/W RSA No. 1750 of 2022

HC-KAR

MEMO AS SOORANAPURA VILLAGE) YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALURU - 577548

…APPELLANTS

(BY SMT. VIJETHA R. NAIK, ADVOCATE)

AND:

SMT. YASHODAMMA W/O SRI HALASIDDAPPA AGED ABOUT 60 YEARS R/O SOORAPURA VILLAGE (WRONGLY MENTIONED BY THE PLAINTIFF IN APPEAL MEMO AS SOORANAPURA VILLAGE) YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALURU - 577548

…RESPONDENT

(BY SMT. APEKSHA D., ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.09.2022 PASSED IN R.A.NO.6/2022 ON THE FILE OF THE PRINCIPAL JUDGE (DISTRICT AND SESSIONS JUDGE), FAMILY COURT, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2018 PASSED IN O.S.NO.18/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR.

IN RSA NO.1750/2022:

BETWEEN:

SMT. YASHODAMMA W/O HALASIDDAPPA AGED ABOUT 59 YEARS R/O SOORANAPURA VILLAGE YAGATI HOBI, KADUR TALUK CHIKKAMAGALURU DISTRICT

...APPELLANT

(BY SMT. APEKSHA D., ADVOCATE)

3 - NC: 2025:KHC:28177 RSA No. 1526 of 2023 C/W RSA No. 1750 of 2022

HC-KAR

AND:

SRI KALLESHAPPA S/O LATE BOMMANNA AGED ABOUT 62 YEARS

SRI. YASHAVANTHA S/O KALLESHAPPA AGED ABOUT 29 YEARS

SMT. KAMALAMMA AGED ABOUT 54 YEARS W/O KALLESHAPPA

ALL R/O SOORANAPURA VILLAGE YAGATI HOBI, KADUR TALUK CHIKKAMAGALURU DISTRICT

...RESPONDENTS

(BY SMT. VIJETHA R. NAIK, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.09.2022 PASSED IN R.A.NO.6/2022 ON THE FILE OF THE PRINCIPAL JUDGE (DISTRICT AND SESSIONS JUDGE) FAMILY CURT, CHIKKAMAGALURU . DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2018 PASSED IN O.S.NO.18/2009 ON THE FILE OF THE SENIOR CIVIL JUDE, KADUR.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

4 -

NC: 2025:KHC:28177 RSA No. 1526 of 2023 C/W RSA No. 1750 of 2022

HC-KAR

ORAL JUDGMENT

The parties along with their respective counsels are present before the Court.

The respective parties have filed a compromise petition under Order XXIII Rule 3 of CPC. In terms of the compromise arrived between the parties, the respondent in R.S.A.No.1526/2023 and the appellant in R.S.A.No.1750/2022 has agreed to execute relinquishment deed in favour of the appellants in R.S.A.No.1526/2023 and the respondents in R.S.A.No.1750/2022 in view of 100 grams gold already given in favour of the respondent in R.S.A.No.1526/2023 and appellant in R.S.A.No.1750/2022 and except these terms, there are no other grounds.

The parties have also accepted the terms of compromise. Hence, compromise petition is taken on record. Accordingly, both the appeals are disposed of in terms of the compromises.

5 - NC: 2025:KHC:28177 RSA No. 1526 of 2023 C/W RSA No. 1750 of 2022

HC-KAR

In terms of the compromise, registry is directed

to draw the decree accordingly.

In view of disposal of the main appeal, I.A. if

any, in both the appellants, does not survive for

consideration and the same stands dismissed.

Sd/(H.P.SANDESH) JUDGE

SN

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