Smt Kumudavathi Vs Smt Lakshmi — Karnataka HC (2025) — LawSathi Research

Smt Kumudavathi Vs Smt Lakshmi — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed; the trial Court's judgment and decree in O.S.No.227/1996 (confirmed in first appeal) stand; consequential directions for deposit/release/payment of Rs.50,000/- with interest at 8% per annum as per the trial Court's decree.

Issue for consideration

Whether the partition agreement dated 13.12.1993 was a subject matter of compromise in RSA No.489/1989. +1 more

Court's answer

The partition agreement dated 13.12.1993 was the subject matter of the compromise in RSA No.489/1989: the second appeal was dismissed recording the partition pursuant to the terms of the settlement/partition deed, and the decree was drawn based on the settlement/partition deed produced before the Court.

Ratio / Principle

The rights of the parties stand settled in terms of the decree in RSA 489/1989 passed on 17.09.1997, which has not been questioned; hence no fault can be found with the judgment and decree in a suit for specific performance to register the compromise.

Key takeaways

The judgment in RSA 489/1989 and the order passed by the Land Tribunal bind Parvathamma, since after disposal of RSA.No.489/1989 she did not question the judgment on the ground of non-consent and filed no review despite the judgment being brought to the notice of herself/her legal representatives in O.S.No.227/1996.ratio¶147
Both Courts recorded a concurrent finding that Parvathamma received Rs.20,000/- through demand draft as stated in the partition deed dated 13.12.1993, which is one more indication that she consented to the partition deed.ratio¶149
After disposal of RSA.No.489/1989, Parvathamma did not pursue W.P.No.39229/1992, which was dismissed for non-prosecution in 1999; this indicates she gave up her claim for the entire property bearing Sy.No.73.

Detailed headnote1 paragraphs

Regular Second Appeal (Karnataka HC, Anant Ramanath Hegde J., 17-09-2025) against concurrent decrees for specific performance of an agreement for partition dated 13.12.1993 (O.S.No.227/1996, decreed 21.11.2009; R.A.No.102/2010 dismissed 26.7.2013). Held: (i) the partition agreement was the subject matter of the compromise in RSA No.489/1989 (decided 17.09.1997), where the second appeal was dismissed recording the partition and the decree was drawn on the settlement/partition deed produced before the Court; (ii) Defendant No.1 Parvathamma neither questioned the RSA No.489/1989 judgment nor sought review although it was brought to her notice/her LRs in O.S.No.227/1996, hence that judgment and the Land Tribunal order bind her; (iii) the concurrent finding that she received Rs.20,000/- through Demand Draft No.002478 dated 11.12.1993 indicates consent to the partition deed; (iv) non-pursuit and dismissal (for non-prosecution, 1999) of W.P.No.39229/1992 gave finality to the Land Tribunal's grant of 1/4th share to her and indicated abandonment of her claim to the entire Sy.No.73. No error found in the trial Court decree; appeal dismissed with directions for deposit/release/payment of the balance Rs.50,000/- with 8% p.a. interest.

Parties & counsel

AI extract

appellant
Smt. Kumadavathi W/o Vasappa, D/o Late Manjappa & Late Smt. Parvathamma (since dead by LRs)¶8
Shivaprakash G.K.
appellant
S. Nagaraja (LR 1.1 of Appellant No.1)¶10
Shivaprakash G.K.
appellant
H.S. Nataraja (LR 1.2 of Appellant No.1)¶11
Shivaprakash G.K.
appellant
Smt. Venkamma W/o S.M.Nagaraj, D/o Late Manjappa & Late Smt. Parvathamma¶15
Shivaprakash G.K.
respondent
Smt. Lakshmi W/o Late Panduranga, D/o Late Hoovappa (R1)¶23
K.T. Gurudeva Prasad
respondent
Smt. Manjula W/o Harish, D/o Late Hoovappa (R2)¶24
K.T. Gurudeva Prasad
respondent
Smt. Sulochana W/o Thejappa, D/o Late Hoovappa (R3)¶25
K.T. Gurudeva Prasad
respondent
Smt. Bellamma W/o Late C.Hoovappa (R4)¶26
K.T. Gurudeva Prasad
respondent
Smt. Rajivi W/o Late Krishnamurthy, daughter-in-law of Late Hoovappa (R5)¶32
K.T. Gurudeva Prasad
respondent
Sri. Raghavendra S/o Late Krishnamurthy, grand-son of Late Hoovappa (R6)¶33
K.T. Gurudeva Prasad
respondent
Kum. Uma D/o Late Krishnamurthy, grand-daughter of Late Hoovappa (R7)¶34
K.T. Gurudeva Prasad
respondent
Pundarika S/o Late Sri. Hoovappa (R8)¶37
K.T. Gurudeva Prasad
respondent
Vittala S/o Late Sri. Hoovappa (R9)¶38
K.T. Gurudeva Prasad
respondent
Bhaskara S/o Late Sri. Hoovappa (R10)¶42
K.T. Gurudeva Prasad
respondent
Vijayendra S/o Late Sri. Hoovappa (R11)¶43
K.T. Gurudeva Prasad
respondent
Ramesha S/o Late Hoovappa (R12)¶44
K.T. Gurudeva Prasad
respondent
Padmavathamma W/o Late Kalasappa, daughter-in-law of Late Sri. Hoovappa (R13, deceased)¶47
respondent
Somashekara S/o Late Kalasappa, grand son of Late Sri. Hoovappa (R14)¶49
respondent
Devadasa S/o Late Kalasappa, grand son of Late Sri. Hoovappa (R15)¶51
K.T. Gurudeva Prasad
respondent
Nagamma W/o Late Vasappa (R16)¶54
respondent
Dakappa S/o Late Vasappa (R17)¶57
respondent
Umesha @ Chandrashekhara S/o Late Vasappa (R18)¶58
respondent
Seethamma W/o N.R.Subramanya, D/o Late Kalasappa (R19)¶61
K.T. Gurudeva Prasad
respondent
Puttamma W/o Govindappa, D/o Late Kalasappa (R20)¶63
respondent
Dakamma W/o Shivanna, D/o Late Kalasappa (R21)¶64
K.T. Gurudeva Prasad
respondent
Sharadamma W/o Chidambara, D/o Late Kalasappa (R22)¶66
K.T. Gurudeva Prasad

Coram

AI extract

Anant Ramanath Hegdeauthor¶76