Sri Shivanna Vs Smt Parvathamma W/O Late Gurubasappa

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1 - NC: 2025:KHC:20246 RSA No. 2013 of 2012

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2013 OF 2012 (DEC)

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BETWEEN:

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SRI SHIVANNA,

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S/O LATE GURUBASAPPA, AGED ABOUT 47 YEARS, R/AT: KODAGADALA VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT-572132, AADHAR NO. 575390192928 .

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SMT. K.G.PUTTAMMA,

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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AGED ABOUT 55 YEARS, W/O SRI. B.K. PRAKASH, D/O OF LATE GURUBASAPPA, R/AT: NO.811, INDIRANAGARA, NEAR VINAYAKA VIDYANIKETANA SCHOOL, NELAMANGALA, BENGALURU RURAL DISTRICT, PIN CODE: 562123, AADHAR NO.781587688604. …APPELLANTS (APPELLANT NO.2 IMPLEADED AND AMENDMENT CARRIED OUT AS PER THE COURT ORDER DATED 12.06.2025)

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(BY SRI KALYAN R, ADVOCATE FOR SRI MANJUNATHA M V, ADVOCATE FOR APPELLANT 2)

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AND:

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SMT PARVATHAMMA, W/O LATE GURUBASAPPA, AGED ABOUT MAJOR. (DELETED)

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SRI NANJAIAH,

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HC-KAR

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S/O LATE GURUBASAPPA, AGED ABOUT MAJOR. (DELETED)

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SRI RUDRAPPA, S/O LATE GURUBASAPPA, AGED ABOUT MAJOR, (RESPONDENT NO.1 TO 3 ARE DELETED AS PER THE COURT ORDER DATED 12.06.2025)

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NANJUNDAIAH, S/O LATE CHIKKANANJAPPA, (SINCE DEAD BY HIS LR’S)

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4(A). SMT. SIDDAMMA,

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W/O LATE K C NANJUNDAIAH, SINCE DEAD BY LR’S:

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4(B). K.G. SIDDARAJU,

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AGED ABOUT 46 YEARS, S/O LATE K C NANJUNDAIAH, ADOPTED SON OF LATE GANGADHARAIAH, AADHAR NO. 3184 9203 5808

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4(C). NAGABHUSHANA .K. N AGED ABOUT 40 YEARS, S/O LATE K C NANJUNDAIAH, AADHAR NO. 6898 7110 9229.

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4(D). GAYATHRI DEVI, AGED ABOUT 51 YEARS, W/O SHANKARAPPA, AADHAR NO. 3406 3127 3288.

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RESPONDENTS NOS. 4 (B) TO (D) ARE RESIDING AT: KODAGADALA VILLAGE, KODAGADALA POST, PURAVARAHOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, KARNATAKA-572132.

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4(E). SUBHADRAMMA,

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AGED ABOUT 62 YEARS, W/O BASAVARAJU, R/AT: BIJAVARA VILLAGE, BIJAVARA POST & KASABA HOBLI, MADHUGIRITALUK, TUMAKURU DISTRICT, KARNATAKA-572132. AADHAR NO.4953 6217 0893.

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4(F). SMT. JAGADAMBA,

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AGED ABOUT 57 YEARS, W/O JAGADISH M B,MUDIGERE VILLAGE, HALEUPARAHALLI, GAURIBIDNUR, CHIKKABALLAPURA- DISTRICT. KARNATAKA-561210, AADHAR NO.7687 0978 0250.

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4(G). RENUKAMMA,

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AGED ABOUT 53 YEARS, D/O NANJUDAPPA, R/AT: TARIDALU, GAURIBIDANUR,CHIKKABALLAPURA-DISTRICT, KARNATAKA-561213, AADHAR NO.8733 2831 2023.

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4(H). NIRMALA,

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AGED ABOUT 38 YEARS, D/O NANJUDAPPA, R/AT: KALLINAIKANAHALLI, MINDENHALLI,GOWRIBIDANURU TALUK, CHIKKABALLAPURA-DISTRICT, KARNATAKA- 561213. AADHAR NO.9970 0406 1853.

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4(I). VANAJAKSHAMMA

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AGED ABOUT 53 YEARS, D/O NANJUDAPPA,R/AT LINGANAHALLI, KONNAGATTA, BANGALORE RURAL DISTRICT, KARNATAKA-561203 AADHAR NO.2145 6600 3127

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4(J). S ANUSUYAMMA,

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AGED ABOUT 62 YEARS, W/O NANJUNDAPPA, NO.12-6-63, SANJEEVACHARI NAGAR, HINDUPUR, ANANTAPUR DISTRICT, ANDHRA PRADESH-515201. AADHAR NO.9207 6998 2789. (AMENDMENT CARRIED OUT AS PER THE COURT ORDER DATED 12.06.2025)

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RESPONDENTS NOS. 4 (B), (D) TO (J) ARE REPRESENTED BY GPA HOLDER AND RESPONDENT NO.4 (C) HEREIN: SRI.NAGABHUSHANA. …RESPONDENTS

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(BY SRI SHIVAPRASAD E, ADV. FOR PROPOSED R4(B TO J) V/O/DT 12.06.2025, R1 TO R3 DELETED, R4 (B TO J) ARE THE LRS OF R4(A))

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 9.7.12 PASSED IN R.A.NO.66/04 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 26.6.2004 PASSED IN OS.NO.297/97 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MADHUGIRI.

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

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CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo to

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dismiss the appeal against respondents 1 to 3.

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NC: 2025:KHC:20246 RSA No. 2013 of 2012

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HC-KAR

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It is submitted that the present appeal is in respect

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of the property purchased by 4^th respondent in respect of which the suit is dismissed.

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Respondents No.1 to 3 have not questioned the decree by filing the appeal either before this Court or before the First Appellate Court.

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It is further submitted that the settlement is only confined to the property purchased by defendant No.4/respondent No.4. Under the circumstances, appeal against respondents 1 to 3 is dismissed.

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This appeal is arising from the concurrent finding in a suit for partition and separate possession. The suit is decreed in part excluding the property sold in favour of defendant No.4 - purchaser. The plaintiff in appeal is before this Court.

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Learned counsel for the appellant and the learned counsel for the respondents jointly submit that the dispute between the parties is amicably settled.

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The appellants are present before the Court. Respondent No.4(c) is present before the Court. The power of

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attorney is produced along with memo wherein respondent No.4(c) is authorised to represent remaining respondents. Remaining respondents are siblings of respondent No.4(c).

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Parties have presented the compromise petition for reporting settlement and the manner in which the suit properties are partitioned among the parties is mentioned in the compromise petition.

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The Court made enquiry with the parties present before the Court. They submit that they have voluntarily entered into settlement. The terms of settlement are extracted hereunder:

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"The above named Appellants and Respondents No. 4 (b) to 4 (J), respectfully submit before this Hon’ble Court as follows:

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1. This Regular Second Appeal is filed against the decree/s of dismissal of O.S.No.297/1997 & R.A.No.66/2004 respectively, filed by plaintiff/ appellant no.1 herein. The appellant No. 2 being the sister of appellant No. 1 was not made as a party and now is got impleaded, as appellant No. 2 in the above appeal.

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2. That appellant No.1 is claiming share out of the suit property of Sy.No.15/1, Kodagadaala Village, now measuring 8 guntas (earlier measuring 1 acre 15 guntas); which includes its Southern Portion sold as Site/ Khaneshumari No.1 measuring 42 X 108

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Feet, totally 4536 Sq. Feet/4.16 guntas, under the sale deed dated: 12/05/1986, by the mother and brothers of appellants herein, infavour of purchaser viz., K C Nanjundaiah.

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3. Subsequent thereto, the above mentioned Khaneshumari No.1 property is assigned with Sl.No. 99 (Old Sl. No. 70/3), Property No. 77, is now assessed to payment of property tax by the Kodagadala Grama Panchayathi.

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4. Now, at the intervention and good advices of Family well-wishers, parties herein, have mutually negotiated and agreed to settle all disputes amicably, in the following terms & conditions:

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5. In view of the compromise between the parties and as agreed, the appellant no.1, herewith under this compromise petition, has accepted and received Northern portion of site/Land measuring East to West 19 Feet x North To South 42 feet, in all 798 Sq., Ft., out of the above mentioned Khaneshumari No.1, i.e., Sale Deed Dated: 12/05/1986 Schedule Property, as his share out of the suit schedule property, which is more fully described hereunder in the schedule and hereinafter referred to as Schedule B property; towards the full and final settlement of all rights, share and claims of all nature, and the appellant no.2, respondents no.4 (b) to (j) herein have no objection for the same, in any manner.

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6. Accordingly, the appellants have given up, released, relinquished, discharged and waived up all their respective rights, title, claim, interests share if any subsisting, over the ‘REMAINING PROPERTY ’ of Khaneshumari No, i.e., Sale Deed Dated: 12/05/1986 Schedule, retained by the purchaser’s family members, which is more fully described hereunder in the schedule and hereinafter referred to as Schedule A property, in all respects, respectively.

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7. That in pursuance of the above, the appellants do herewith expressly, unconditionally and unequivocally confirm, acknowledge, affirm and declare as follows:

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7.1. That the registered SALE DEED Dated: 12/05/1986 , registered as Document No. 162/1986-87, Book No.1, Volume No.1169, Pages Nos. 155-156, in the office of Sub-Registrar, Madhugiri, is executed by erstwhile lawful owners/predecessors in title viz., Smt. Parvathamma W/o Late Gurubasappa, Nanjaiah, S/o Late Gurubasappa, K Rudrappa, S/o Late Gurubasappa, legally selling the SCHEDULE A PROPERTY for the legal necessities, welfare, benefit and expenses of vendor’s family including appellants herein, in favour of purchaser/K C Nanjundaiah, S/o Chikananjappa.

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7.2. The sale deed Dated: 12/05/1986 is legally subsisting registered title document of Schedule A property infavour of K C Nanjundaiah and his family, and is binding in all respects and natures on the appellants herein also, with respect to SCHEDULE ‘ A’ PROPERTY.

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7.3. Accordingly, the Appellants have no subsisting legal right, title, share, interest, possession, legal claim or objection of what so ever nature contrary to the registered sale transaction, property sold or rights/legal authority of parties therein under the SALE DEED Dated: 12/05/1986, respectively, in respect of SCHEDULE ‘ A’ PROPERTY.

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8. Upon the death of purchaser/K C Nanjdundaiah, on 10/03/2014, his Class-1-legal heirs/respondents nos. 4(b) to (j) herein, have succeeded and inherited the above mentioned sale deed schedule property of Khaneshumari No.1, purchased by their father, and thus are legally owning, possessing and enjoying the same in all respects , and out of the same having

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retained Schedule A Property, are legally entitled to continue to legally own, possess and enjoy the Schedule A Property, as its lawful and exclusive owners respectively .

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9. That the respective parties herein, shall not claim any right or interest of what so ever nature or interfere in any manner with possession of properties herewith agreed as belonging to other parties respectively.

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10. Both parties do hereby declare that they have “NO OBJECTION” for transfer of Khatha/ revenue records of properties in favour of respective parties in terms of this compromise and registered title documents.

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11. The ‘ ROUGH SKETCH’ annexed to this compromise petition shall be part and parcel of this compromise petition.

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12. That the parties hereto have entered into this compromise out of their free will, consent and there is no act of any coercion, threat or undue influence of what so ever manner as against each other; and have affixed their respective signatures, after having carefully read, understood and also admitting and accepting all the terms and conditions of this compromise.

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WHEREFORE, both the parties above named respectfully pray that this Hon’ble court may be pleased to accept this Memorandum of Compromise Petition and to pass Final Decree, in terms of this Compromise Petition, in respect of the schedule A & B properties respectively and such other order/directions as this Hon’ble Court might deem fit, in the facts and circumstances of the case, in the interest of justice and equity.

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SCHEDULE ‘A’ PROPERTY

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[Remaining Property of Sale Deed Dated: 12/05/1986 Schedule, retained and continued to be owned and possessed by LR’s of purchaser viz., K C Nanjdundaiah viz., respondents nos. 4 (b) to (j) respectively ]

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All that piece and parcel of the Southern portion of Land/site bearing Khaneshumari No.1, Property No.77, Tax Assessment Sl.No.99 (Old Sl.No.70/3) in the records of Kodagadala Grama panchayathi, measuring East to West 42 Feet and North to South 89 Feet, in all measuring 3738 Sq. Feet, out of total extent of 4536 Sq. Feet i.e., East to West 42 Feet and North to South 108 Feet and simultaneously existing also as the southern portion of 08 Guntas of Land in Sy.No. 15/1, (earlier portion of 1 acre 25 guntas) situated at Kodagadala Village, Puravara Hobli, Madhurigi Taluk, marked in ‘BLUE’ Colour and identified with letters as “DEFG-III” portion in the rough sketch annexed to this Compromise Petition and bounded thereon as follows:

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EAST BY : Remaining portion of Sy.No15/1 and House property of Chandrashekar S/o Siddalingappa

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WEST BY : Land Passage measuring East to West 13 and north to south 108, feet being remaining portion of Sy.No.15/1, belonging to Smt. Parvathamma, W/o Gurubasappa and thereafter houses of Nanjappa and Smt. Puttamma. NORTH BY : Remaining northern portion of Khaneshumari No.1, being

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portion of 08 guntas in SY.No.15/1, now allotted to share of appellant no.1/Shivanna;

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SOUTH BY : Madhugiri –Gauribidanur Road.

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SCHEDULE ‘B’ PROPERTY

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[ Share Accepted and received by Appellant No.1: Sri.Shivanna, S/o Late Gurubasappa ]

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All that piece and parcel of portion of Southern portion of Land/site bearing Khaneshumari No.1, Property No.77, Tax Assessment Sl.No.99 (Old Sl.No.70/3) in the records of Kodagadala Grama panchayathi, measuring to an extent of East to West 42 Feet and North to South 19 Feet, in all measuring 798 Sq. Feet, out of total extent of 4536 Sq. Feet i.e., East to West 42 Feet and North to South 108 Feet, simultaneously existing also as the southern portion of 08 Guntas of Land in Sy.No. 15/1, (earlier portion of 1 acre 25 guntas) situated at Kodagadala Village, Puravara Hobli, Madhurigi Taluk, marked in ‘YELLOW’ Colour and identified with letters as “BCDE-II” portion in the rough sketch annexed to this Compromise Petition and bounded thereon as follows

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EAST BY : Remaining portion of Sy.No15/1 and House property of Chandrashekar, S/o.Siddalingappa

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WEST BY :

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Remaining Portion of Land in Sy.No.15/1,of Parvathamma, W/o late Gurubasappa and house property of Smt. Puttamma.

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NORTH BY : Remaining Portion of land/site in Sy.No.15/1 now belonging to Shivanna, S/o Gurubasappa & Parvathamma, W/o Gurubasappa, SOUTH BY : Remaining portion of Khaneshumari No.1/southern portion of 08 guntas in Sy.No.15/1, now belonging to Nagabhushana K N, S/o Late K.C. Nanjundappa (Respondent no.4 (c) herein)

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This Court has also perused the sketch produced among the compromise petition and the revenue records as well as the power of attorney. Along with the memo, copies of the Aadhar card of the parties who are present before the Court are also enclosed.

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On considering the terms and conditions of the settlement, this Court finds that the settlement is lawful and there is no impediment to accept the settlement. Accordingly, the settlement is accepted.

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The impugned judgment and decree dated 09.07.2012 in R.A. No.66/2004 passed by the Additional Senior

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Civil Judge, Madhugiri confirming the judgment and decree dated 26.06.2004 in O.S.No.297/97 passed by the Principal Civil Judge, Madhugiri are modified and registry shall draw the final decree in terms of the settlement extracted above. The sketch produced along with the compromise petition shall also be part of the decree.

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Registry shall collect applicable non-judicial stamp to draw the final decree and final decree shall be delivered to the parties.

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The jurisdictional Deputy Commissioner shall effect necessary changes in the property records, under Section 132(3) of the Karnataka Land Revenue Act, pursuant to the final decree.

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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BRN List No.: 1 Sl No.: 56...

Sri Shivanna v. Smt Parvathamma W/O Late Gurubasappa

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Sri Shivanna v. Smt Parvathamma W/O Late Gurubasappa

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