Disposed

Sri. Chikkamuniswamappa v. Sri. C. Manjunatha

Karnataka HC24 Jun 2025RSA/404/2019

Case brief

AI extract

What is this about?

Two regular second appeals over a family partition dispute were amicably settled by a compromise petition filed under Order XXIII Rule 3 CPC, reallocating schedule properties among the family branches and confirming certain alienations. The appeals were disposed of in terms of the compromise and final decree was directed to be drawn accordingly.

What did the court decide?

Appeals disposed of per compromise petition; Office directed to draw final decree in terms of compromise.

Sri. Chikkamuniswamappa Vs Sri. C. Manjunatha — Partition | Karnataka HC (2025)

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NC: 2025:KHC:22269 RSA No. 404 of 2019 C/W RSA No. 496 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JUNE, 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. 404 OF 2019 (PAR) C/W REGULAR SECOND APPEAL NO. 496 OF 2019

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IN RSA No. 404/2019 BETWEEN:

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SRI. CHIKKAMUNISWAMAPPA S/O LATE K.MUNIYAPPA, AGED ABOUT 68 YEARS RETIRED SENIOR ASSISANT HIGH COURT OF KARNATAKA AT BENGLAURU R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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PRESENTLY R/AT NO.9, 5^TH C CROSS, MANJUNATHA LAYOUT, MURUGESHPALYA, BENGALURU-560 017.

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SRI.B.MUNISWAMY S/O LATE DODDABEERAPPA, AGED ABOUT 50 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SMT. SOWBHAGYAMMA W/O GOVINDAPPA, D/O DODDABEERAPPA R/AT PAKARAHALLI, HUDUKULA POST,

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HC-KAR

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BANGARPET TALUK, KOLAR DISTRICT.

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…APPELLANTS

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(BY SRI. RAMACHANDRA HALINATHOTA, ADVOCATE)

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AND:

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SRI. C. MANJUNATHA POLICE (K.S.R.P.) S/O LATE CHIKKABEERAPPA, AGED ABOUT 45 YEARS R/AT GANESH TEMPLE ROAD, 5^TH CROSS, KONANA KUNTE OLD VILLAGE, BENGALURU-560 062.

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SRI.P.N.REDDY S/O LATE CHIKKABEERAPPA, AGED ABOUT 43 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SRI.C. VENKATESH S/O LATE CHIKKABEERAPPA, AGED ABOUT 40 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SMT.NARAYANAMMA D/O LATE CHIKKABEERAPPA, W/O NARAYANASWAMY, AGED ABOUT 56 YEARS R/AT BONAHALLI, KAIWARA APOST, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT.

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SMT.VENKATAMMA D/O CHIKKABEERAPPA W/O SEENAPPA,

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HC-KAR

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AGED ABOUT 51 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SMT. SHANTAMMA W/O LATE CHIKKABEERAPPA AGED ABOUT 75 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SRI.MUNIYAPPA S/O LATE K.MUNIYAPPA, AGED ABOUT 72 YEARS R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SMT.VENKATAMMA SINCE DEAD BY LRS LRS ALREADY ON RECORD

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SMT. SUNDARAMMA D/O CHIKKABEERAPPA, W/O T.NARAYANASWAMY, AGED ABOUT 53 YEARS R/AT DOOR NO.859, KONANAKUNTE, OLD VILLAGE, BENGALURU-560 062.

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SRI.NARASIMHAIAH S/O CHIKKA NARASIMHAIAH, R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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SRI.S.KRISHNAMURTHY S/O LATE SEEMANNA, R/AT CHAMBARASANAHALLI VILLAGE,

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HC-KAR

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KUPPAM ROAD, BANGARPET TALUK.

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SRI.NAGARAJ S/O NARAYANAPPA, R/AT PAKARAHALLI, HUDUKULA POST, BANGARPET TALUK, KOLAR DISTRICT.

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…RESPONDENTS

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(BY SRI. A. MADHUSUDHAN RAO, ADVOCATE FOR R1 TO R5 SRI. N. BAYYA REDDY, ADVOCATE FOR R6 TO R9 SRI. S. VISWESWARAIAH, ADVOCATE FOR R10)

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THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 27.11.2018 PASSED IN RA.NO.86/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.04.2016 PASSED IN OS.NO.212/2008 ON THE FILE OF THE C/C.III ADDL.SENIOR CIVIL JUDGE, KOLAR.

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IN RSA NO. 496/2019 BETWEEN:

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SRI NAGARAJA S/O SULIKUNTE NARAYANAPPA AGED ABOUT 50 YEARS R/AT PAKARAHALLI VILLAGE KASABA HOBLI, BANGARPET TLAUK, KOLAR DISTRICT.

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...APPELLANT

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(BY SRI. S VISWESWARAIAH, ADVOCATE)

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AND:

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SRI MANJUNATHA S/O LATE CHIKKABEERAPPA AGED ABOUT 48 YEARS

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HC-KAR

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SRI. P.N. REDDY S/O LATE CHIKKABEERAPPA AGED ABOUT 44 YEARS

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SRI. VENKATESH S/O LATE CHIKKABEERAPPA AGED ABOUT 40 YEARS

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SMT. NARAYANAMMA D/O LATE CHIKKABEERAPPA W/O NARAYANASWAMY AGED ABOUT 53 YEARS

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SMT. VENKATAMMA D/O LATE CHIKKABEERAPPA W/O SEENAPPA AGED ABOUT 59 YEARS

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SMT. SHANTHAMMA W/O LATE CHIKKABEERAPPA AGED ABOUT 75 YEARS

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ALL ARE R/AT PAKARAHALLI VILLAGE KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT.

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...RESPONDENTS

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(BY SRI. A MADHUSUDHAN RAO, ADVOCATE)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.11.2018 PASSED IN RA NO.97/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AT KOLAR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.04.2016 PASSED IN OS NO.212/2008 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE, KOLAR.

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

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HC-KAR

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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Learned counsel for the appellants filed a memo

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along with the amended cause title.

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Same is taken on record.

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Appellants and respondents No.1, 7 to 11 are

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present and Power of Attorney holder of respondent No.6

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is also present before the Court. They are identified by

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their respective learned counsel. They filed a compromise petition, which reads as under:

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COMPROMISE PETITION FILED UNDER ORDER XXIII

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RULE III OF CPC

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At the instance of elders and well wishers, both the parties have amicably settled the dispute on the following terms and conditions:

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It is submitted that one late Muniyappa is the Propositus and had four sons viz. Doddabeerappa, Chikkabeerappa, Muniyappa and Chikkamuniswamappa. The 6th Plaintiff is the wife of late Chikkabeerappa and the Plaintiffs 1 to 5 and 6th Defendant in OS no.212 of 2008 are his children. Defendants 1 and 2 are the children of late Muniyappa. Defendants 3 to 5 are the wife and children of late

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HC-KAR

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Doddabeerappa. Defendant no.7 is related as grandson of brother of the Propositus - late Muniyappa, Defendant no. 8 and 9 are the purchasers from 2nd Defendant. 9th Defendant is the purchaser who has purchased item no.22 i.e. survey no.93/4 measuring 3 acres 31 guntas from the 2nd Defendant through a registered sale deed on 23- 022006.

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The list of properties allotted to the share of late Doddabeerappa, late Chikkabeerappa, Sri. Muniyappa and Sri.Chikkamuniswamappa are as under which is marked as Exhibit D6 in the suit OS 212/2008.

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ScheduleA-belonging to Late. Doddabeerappa

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Sl	Sy.no.	Extant	Village
1	96/1 96/2	11 ½ guntas	Pakarahalli
2	101/2	20 guntas	Pakarahalli
	102/2	21 guntas
3	319/2	10 ½guntas	Hudukula
4	112	6 guntas	Pakarahalli
5	103&104	6 ½ guntas	Pakarahalli
6	57	16 guntas	Pakarahalli
7	1	1Acre20 guntas	Pakarahalli
8	11	13 guntas	Pakarahalli
9	79	21 ½ guntas	Kooteri
10	67/1	18 guntas	Kooteri
11	1	1Acre20 guntas	Kooteri
12	118/3	1 ½guntas	Pakarahalli
13	40 41	27 guntas	Kooteri
14	House	27 ftby 50ft	Pakarahalli

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Page No.7 is retyped and replaced vide chamber order dated 07.08.2025

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HC-KAR

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Schedule B –belonging to Late. Chikkabeerappa

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Sl	Sy.no.	Extant	Village
1	96/1 96/2	11 ½ guntas	Pakarahalli
	314/1	36guntas
2	318/5	38guntas	Pakarahalli
3	112	6guntas	Pakarahalli
4	103& 104	6 ½ guntas	Pakarahalli
	120/1	12guntas	Pakarahalli
5	120/2	6guntas	Pakarahalli
6	1	1Acre	Pakarahalli
7	71	33guntas	Kooteri
8	40	27 t	Kti
	41	gunas	ooer
9	118/3	1 ¼guntas	Pakarahalli
10	House	25 ft by51 feet	Pakarahalli

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Schedule C-belonging to Muniyappa

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Sl	Sy.no.	Extant	Village
1	105/1	1 Acre 20untas	Pakarahalli
	105/2	g
2	112	6 guntas	Pakarahalli
3	1	1acre	Pakarahalli
4	74/1	14 guntas	Pakarahalli
5	103& 104	6 ½ guntas	Pakarahalli
6	118/3	1 ¼ guntas	Pakarahalli
7	96/1	11½t	Pkhlli
	96/2	gunas	aaraa
8	40	27untas	Kooteri
	41	g
9	53	9½guntas	Kooteri
10	17/1	10 ½ guntas	Pakarahalli
11	House	16.5 ft by 41.5ft	Pakarahalli

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Page No.8 is retyped and replaced vide chamber order dated 07.08.2025

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HC-KAR

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Scgedule D – belonging to Chikkamuniswamappa

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Sl	Sy.no.	Extant	Village
1	119	27 ½ guntas	Pakarahalli
2	106 & 107	21 ½ guntas	Pakarahalli
3	112	6 guntas	Pakarahalli
4	1	1 acre	Pakarahalli
5	96/1	11 ½ t	Pkhlli
	96/2	gunas	aaraa
6	313/3	2 Acres 24 guntas	Hudukula
7	118/1	7 ½ guntas	Pakarahalli
8	65/4	22 guntas	Pakarahalli
9	311	25 guntas	Hudukula
10	76/2	5 ¼ guntas	Pakarahalli
11	83/2	3 guntas	Pakarahalli
12	75/4	15 ¾ guntas	Kooteri
13	52/2	1 Acre 5 guntas	Kooteri
14	93/4	3 Acres 31 guntas	Pakarahalli
15	GP Khata no.85/2	60 ft by 45 ft	Pakarahalli

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It is agreed between the parties that a partition took place on 12-04-2004 between the children of late Muniyappa who is the propositus under which ‘A’ schedule properties were allotted to late Doddabeerappa, ‘B’ schedule properties were allotted to Chikkabeerappa, ‘C’ schedule properties were allotted to Muniyappa and ‘D’ schedule properties were allotted to Chikkamuniswamappa and all the parties admit the factum of the said partition and further agree that they are binding on the same.

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The Appellants and Respondents have agreed recently to allot the properties mentioned to this petition in the following manner and the parties are referred to as per the rankings before the trial Court and the schedule A, B, C and D are rearranged as follows:

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Page No.9 is retyped and replaced vide chamber order dated 07.08.2025

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HC-KAR

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SCHEDULE “A” PROPERTIES:

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Item No	Sy.No	Extant	Asses ment	Village	East by	West by	North by	South by
1	96/1 96/2	11 1/2 guntas out of 1 acre 6 guntas	0.6	Pakarahalli	B Schedule	Patel Muniswamy	Kote Narayanappa	Narayanaswamy.D
2	101/2 102/2	20 guntas 21 guntas	2.00	Pakarahalli	P. Shamaiah	P. Shamaiah	Nagaraja	Mattikunte Ramakka
3	319/2	03 1/2 guntas out of 7 guntas	0.5	Hudukula	Kolar to Bangarpert road	Chikkanarasimhaiha	Remaining portion of the same Sy.no alloted to the share of B Schedule holders	Thoti Munivenkatappa
4	112	06 guntas out of 24 guntas	0.3	Pakarahalli	B Schedule	Canal	M. Muniyappa	P.N. Narayanaswamy
5	103 & 104	07 guntas out of 20 guntas	0.3	Pakarahalli	Road	Nagaraja	B Schedule	P. Shamaiah
6	57	16 guntas	0.8	Pakarahalli	Gudiyappa	Canal	Canal	Nageshappa
7	79	21 1/2	1.00	Kuteri	Beedi Chinappa	Govindashetty	Chennarayappa	Chikkamuniyappa
8	67/1	18 guntas	0.90	Kuteri	Canal	Chikkananjappa	Menasamma	P.Muniyappa
9	118/3	01 1/2 guntas out of 04guntas	0.1	Pakarahalli	Chikkanna	Pond (Kunte)	B Schedule	Chikkanna & others
10	40 41	27 guntas out of 2 acres	1.00	Kuteri	Canal	B schedule	Krishnappa	P.N. Narayanaswamy
11	11	13 guntas out of 1 acre 11guntas	2.01	Pakarahalli	Canal	Narasimhanna	Kharab land	Kharab land
12	House	East to West 27 ft and North to South 50 ft		Pakarahalli	Road	Chikkanarasimhaiha house	Road	Seetaramaiahshetty

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HC-KAR

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SCHEDULE “B” PROPERTIES:

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Item No	Sy.No	Extant	Asses ment	Village	East by	West by	North by	South by
1	96/1 96/2	17 1/4 guntas out of 1 acre 6 guntas	0.55	Pakarahalli	C Schedule	A Schedule	Kote Narayanappa	Narayanaswamy.D
2	314/1 318/5	36 guntas 38 guntas	2.55	Hudukula	T.Muniswam y & others	Pakarahalli boundary	A.K Shambappa	Chikkanna & others
3	112	06 guntas out of 24 guntas	0.3	Pakarahalli	C Schedule	A Schedule	M. Muniyappa	P.N. Narayanaswamy
4	112	12 guntas out of 24 guntas	0.3	Pakarahalli	Canal	remaining portion of same SY.No alloted to B Schedule	M. Muniyappa	P.N. Narayanaswamy
5	103 & 104	06 1/2 guntas out of 20 guntas	0.3	Pakarahalli	Road	Nagaraja	C Schedule	A Schedule
6	120/1 120/2	12 guntas 06 guntas	0.6 0.3	Pakarahalli	Nagambhatt	Canal	Krishnaiaha	Srinivas
7	71	33 guntas	1.5	Kuteri	Canal	Chandrappa	Chikkanarayanappa	Kondappa
8	40 41	27 guntas out of 2 acres	10.00	Kuteri	A Schedule	C Schedule	Krishnappa	P.N. Narayanaswamy
9	53	14 guntas out of 1 acre 8guntas	2.14	Kuteri	Dobi Muniyappa	Canal	C Schedule	A Schedule
10	118/3	1 1/4 guntas out of 04 guntas	0.1	Pakarahalli	Chikkanna	Pond (Kunte)	C Schedule	A Schedule
11	319/2	03 1/2 guntas out of 7 guntas	0.5	Hudukula	Kolar to Bangarpert road	Chikkanarasimhai ha	T. Muniswamy	Remaining portion of the same Sy.no alloted to the share of A Schedule holders
12	118/1	7 1/2 guntas	0.35	Pakarahalli	Sy.No 313/3 alloted to D schedule holder	Chikkanna	Chikkanna	Sy.No 119
13	House	East to West 25 ft and North to South 41 feet		Pakarahalli	C Schedule	Nagabhushanapp a	Canal	Road

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HC-KAR

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Remaining portion 13 1/2 out Hebatada P.Narayanaswam of same Sy No 14 119 of 27 1/2 1.5 Pakarahalli Muniyappa Canal y alloted to D guntas & others Schedule holder

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Item No 1 to 3 & 5 to 11 and 13, 14 properties of Schedule ‘B’ are allotted to Plaintiffs No 1 to 3, Item No 12 property of Schedule B is allotted to Plaintiff No 2 and Item No 4 property of Schedule B is

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alloted to Plaintiff No 4.

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SCHEDULE “C” PROPERTIES:

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Item No	Sy.no	Extant	Asses ment	Village	East by	West by	North by	South by
1	105/1 105/2	1 acre 20 guntas	3.00	Pakarahalli	Menasamm a	Canal	Chandranna	Chikkanarasimhaiah
2	74/1	20 guntas	0.75	Pakarahalli	Canal	Chikkananjappa	P.N Narayanaswam y	Koti inamthi & others
3	103 & 104	6 1/2 guntas out of 20 guntas	0.3	Pakarahalli	Road	Nagaraja	Chikkanna	B Schedule
4	118/3	1 1/4 guntas out of 04 guntas	0.1	Pakarahalli	Chikkanna	Pond (Kunte)	Chikkanna	B Schedule
5	96/1 96/2	11 1/2 guntas out of 1 acre 6 guntas	0.6	Pakarahalli	Remaining portion of the same Sy No alloted to D Schedule holder	Remaining portion of the same Sy No alloted to B Schedule holder	Kote Narayanappa	Chikkamuniyappa
6	40 41	27 guntas out of 2 acres	10.00	Kuteri	Canal	B Schedule	Krishnappa	P.N. Narayanaswamy
7	53	23 guntas out of 1 acre 8 guntas	2.14	Kuteri	Dobi Muniyappa	Canal	D Schedule	B Schedule
8	83	22 guntas	0.5	Kuteri	Canal	Dobi Muniyappa	Dobi Yelappa	Kadaripathi Nageshappa & others

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HC-KAR

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9	17/1	10 1/2 guntas 0.5	Pak	arahalli M	univenkat appa & others Chi	kkanarasimhaiah	Canal	Canal
10	83/2	3 guntas 0.15	Pak	arahalli	Gundu thopu Chi	kkanarasimhaiah	P.N. Gudiyappa	Marakka
11	76/2	5 1/4 guntas 0.25	Pak	arahalli	Canal Chi	kkanarasimhaiah	Nageshappa	Ramachandrashetty & Others
12	House	East to West 16 1/2 feet and North to South 41 1/2	Pak	SCHED arahalli Chi	ULE “D” PR kkanarasi mhaiah B S	OPERTIES: chedule property	Canal	Road
Item			Asses
No	Sy.no	Extant	ment	Village	East by	West by	North by	South by
1	106 105	21 1/2 guntas	1.50	Pakarahalli	Canal	Canal	Mathikunte Muniayappa	Chikkanarasimhaiah
2	96/1 96/2	11 1/2 guntas out of 1 acre 6 guntas	0.6	Pakarahalli	Ramakka	Remaining portion of the same Sy No alloted to C Schedule holder	Kote Narayanappa	Chikkamuniyappa
3	313/3	2 acres 22 guntas	4.37	Hudukula	Seshashar ma	Sy No 118/1 alloted to B Schedule holders	Chikkanna & others	Hebatada Muniyappa
4	65/4	22 guntas	1.00	Pakarahalli	Hebatada Munivenka tappa	Menasamma	Nagaraja	Hanchala Muniyappa
5	311	25 guntas	2.55	Hudukula	Kolar to Bangarpet road	Sy No 313/3	Muniyappa	Seshasharma
6	53	11 guntas out of 1 acre 8 guntas	2.14	Kuteri	Dobi Muniyappa	Canal	K. Krishnappa	C Schedule

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HC-KAR

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7	119	14 guntas out of 27 1/2 guntas	1.5	Pakarahalli	Hebatada Muniyappa & others	P.Narayanaswa my	Sy No 118/1	Remaining portion of same Sy No alloated to B schedule holders
8	75/4	25 3/4 guntas	0.75	Kuteri	Chikkananj appa	Chikkamuniyapp a	Nagabhushanappa	Nageshappa
9	52/2	36 guntas	2.25	Kuteri	Canal	K. Krishnappa	D. Narayanaswamy	C Schedule
10	Propert y No. 151900 202100 321317	Vacant site - East to West 9.7536 meters and North to South 12.192 meters		Hudukula	Own property	Seetaramashett y	Narayanaswamy	Road
11	House	East to west 27 ft and North to South 27 ft		Pakarahalli	Road	Chikkanarayana ppa	Road	Hanchala Shamanna

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The A, B, C and D Schedule holders herein admits that the Item no. 10 of B Schedule property and Item no. 4 of C Schedule property are adjoining properties and are a part of same survey number 118/3 of Pakarahalli village, presently constructed the temple called “Sri Lakshmi Narasimha swamy Temple” maintained by “ SRI LAKSHM NARASIMHA TEMPLE TRUST ” Pakarahalli. Since the said temple is already constructed, The Schedule holders A and D are agreed and admit to pay a sum of two lakh rupees in the favour of “SRI LAKSHM NARASIMHA TEMPLE TRUST” Pakarahalli for the developments of the said temple. The donors of the above said properties to be the trustees in “SRI LAKSHM NARASIMHA TEMPLE TRUST”.

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The Plaintiff no.4 declares and agrees that she or her legal heir,successors etc., has no claim or share in the properties allotted to the share of her father, late Chikkabeerappa, as per Schedule ‘B’ and also allotted to the shares of A, C and D schedule holders of the partition dated 12-04-2004 and the said Schedule ‘B’ shall absolutely belong to Plaintiffs 1 to 3 only, except Item No 4 in Schedule ‘B’ bearing Sy.no.112 measuring 12 guntas of Pakarahalli Village, Kasaba Hobli, Bangarpet Taluk, Kolar District which has been now allotted to her under this compromise.

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HC-KAR

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Plaintiff no.5 and Defendant no.6 hereby state that properties bearing Survey No.14 measuring 1 Acre and Survey No.51 measuring 10 guntas situated at Konganahalli, Kaivara Hobli, Chintamani Taluk, Chikkaballapur District are agreed to be divided amongst them as follows:

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a. Survey No.14 measuring 1 Acre shall be allotted to Plaintiffno.5.

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b. SurveyNo.51 measuring 10 guntas shall be allotted to Defendant no 6.

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In view of the above settlement, the Plaintiff No.5 and DefendantNo.6 declare that they or their legal heirs, successors etc., have no claim or share in the properties allotted to the share of their father, late Chikkabeerappa, as per Schedule ‘B’ and also allotted to the shares of A, C and D schedule holders of the partition dated 12-04-2004 and Properties allotted in this compromise petition. 8. The Plaintiffs 1 to 6 and Defendant No.6 also declare that they claim no rights over the properties situated at Konganahalli, Banahalli and Kaivara which are not listed in this compromise.

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Both the parties agree that the above schedule items, all the parties declare that the properties shown in Schedules ‘A’ to ‘D’ of the partition dated 12-04-2004 and in this compromise petition are in their exclusive possession and enjoyment.

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Both the parties undertake that their legal heirs or successors have no rights or claim over the schedule properties mentioned in the partition dated 12-04-2004 and the properties that has been rearranged in this new compromise petition in future.

¶136

The A, B and C schedule holders herein admits and declare that the Item numbers 3, 5 and 10 allotted to D schedule holder are his self earned properties and doesn’t belong to joint family properties. They also admits that the Item numbers 1, 2 and 7 allotted to D schedule holder are for the marriage expenses of his two daughters as the daughters of A, B and C schedule holders were already married before the partition dated 12-04-2004 from the joint family earnings. Having said that both the parties agreed to

¶137

16 -

¶138

NC: 2025:KHC:22269 RSA No. 404 of 2019 C/W RSA No. 496 of 2019

¶139

HC-KAR

¶140

withdraw OS.No. 62/2019 in the court of the honourable senior civil judge at KGF.

¶141

Both the parties declare that the exhibit D6 marked in OS 212 of 2008 shall form part and parcel of this compromise settlement and admit that they have no objection to get the khata, pahani and other revenue documents entered into their names by virtue of partition dated 12-04-2004 and the present compromise petition.

¶142

The Plaintiffs and Defendants 1,2 and 4 to 8 hereby declare that Defendant No.9 is the absolute owner of the property bearing Sy.No.93/4 measuring 3 Acres 31 guntas of Pakarahalli Village and that they or their legal heirs, successors have no claim whatsoever over the said property. In lieu of settlement, the Defendant No.9 has transferred a sum of Rs.10,00,000/- [ Rupees Ten Lakhs ] in favour of 1st Plaintiff by way of RTGS vide UTR no..PKGBH24904325689 dated 22-07-2024 from Karnataka Grameena Bank, Hudukula Branch through the account of 9th Defendant. In view of the same, the Plaintiffs 1 to 6, Defendants 1,2 and 4 to 8 declare that the 9th Defendant is the absolute owner of Sy.no.93/4 measuring 3 Acres 31 Guntas of Pakarahalli Village, Kasaba Hobli, Bangarpet taluk, Kolar district and they or their legal heirs, successors or anybody have no right, title or interest over the said property.

¶143

The Plaintiffs 1 to 6 and the Defendants 1,2,4 to 7 and 9 hereby declare that the schedule property shown in schedule VI of the Plaint schedule i.e. Khata no.2141/4837/4747/ site no.19 and 20 measuring 40 feet by 60 feet with a house measuring 22 feet by 35 feet on the ground floor situated at Ramakrishna Hegde Colony, Bangarpet Town, Kolar District and was sold by the Defendant no.2 in favour of the Defendant no.8 through a registered sale deed on 22-11-2007 and hence the Plaintiffs and Defendants 1,2,4 to 7 and 9 have no share, right, claim or interest over the said property and that Defendant no.8 is the absolute owner of the said property.

¶144

17 - NC: 2025:KHC:22269 RSA No. 404 of 2019 C/W RSA No. 496 of 2019

¶145

HC-KAR

¶146

Therefore it is prayed that this Hon’ble Court may be pleased to draw the Final decree in the suit in terms of this compromise petition by allowing the Appeal in the interest of justice and equity.

¶147

The contents of the compromise petition are

¶148

read over and explained to them in Kannada Language

¶149

known to them. They have admitted the terms and conditions of the compromise petition and prays to dispose of the appeals in terms of the compromise petition.

¶150

The compromise petition is taken on record.

¶151

The Appeals are disposed of in terms of the

¶152

compromise petition.

¶153

The Office is directed to draw final decree in terms of compromise petition.

¶154

Sd/(ASHOK S.KINAGI) JUDGE

¶155

BVK

¶156

List No.: 1 Sl No.: 32

Sri. Chikkamuniswamappa v. Sri. C. Manjunatha

Case brief

What is this about?

What did the court decide?

Sri. Chikkamuniswamappa v. Sri. C. Manjunatha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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