Sri Jayanna Vs Smt Jayamma

D/O LATE PUTTASHAMACHAR AGED ABOUT 44 YEARS, R/AT NO.321 1^ST FLOOR B /H BEERESHWARA TEMPLE 1^ST MAIN ROAD, BAPUJINAGAR MYSORE ROAD BANGALORE – 560 026.

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…RESPONDENTS

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(BY SRI. V B SIDDARAMAIAH, ADVOCATE FOR R1 & R3; SRI. J.J.VENKATESHA, ADVOCATE FOR R2)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.08.2021 PASSED IN OS No.322/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA AND ETC.,

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3 - NC: 2026:KHC:34572 RFA No. 1881 of 2021

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HC-KAR

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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The appellants and respondents are personally present before the Court along with their respective Advocates and submitted a memorandum of Compromise Petition filed under Order XXIII Rule 3 of CPC. They have submitted that they have compromised the matter each other amicably on their own will and wish without any undue influence and coercion by any other third party. Therefore, requested to dispose of the appeal in terms of the compromise petition.

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Their submission is placed on record.

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To the compromise petition, the appellants and respondents have put their respective signatures and the Advocates for both the parties have also put their respective signatures. The compromise petition reads as under:

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HC-KAR

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“COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE APPELLANTS AND THE RESPONDENTS

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The appellants and the respondents above named respectfully submits as follows:-

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1. It is submitted that the respondent No.1 herein being a plaintiff has filed this suit against the appellants and the respondent No.2 and 3 herein in O.S. No.322/2014 on the file of the Additional Senior Civil Judge and JMFC at Ramanagara. Herein the appellants have contested the said suit. The Hon'ble Trial Court after completion of the Trial was pleased to pass the judgment and decree dated 07.08.2021 thereby decreeing the suit filed by the plaintiff in part. The appellants herein prefered the above appeal challenging the judgment and decree passed by the Trial Court.

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2. It is submitted that due to the intervention of our well wishers and elders, the appellants and the respondents have entered into compromise with an intention to put an end to the litigation. Accordingly, the appellants and the respondents have entered into this compromise on their own wish and will without any coercion or influence without anybody. The appellants and the respondents have entered into this compromise since there is no legal impediment with the following terms and conditions. Accordingly, the appellants and the respondents have agreed for the partition by dividing the suit schedule property into schedule A to F and it is agreed between the parties that:

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a. The property specified in the schedule 'A' shall fall in the share of Appellant No. 1 Sri. Jayanna.P.

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HC-KAR

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b. The properties specified in schedule 'B' fall in the share of Appellant No.2 Sri. Varadaraju.P.

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c. The property specified in schedule 'C' fall in the share of Appellant No.3 Sri. Murthachar. d. The property specified in schedule 'D' fall in the share of respondent No.1 Smt. Jayamma.

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e. The property specified in schedule 'E' fall in the share of the respondent No.2 Smt. Siddavva @ Siddamma.

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f. The property specified in schedule 'F' fall in the share of the respondent No.3 Smt. Girijavva @ Girija.

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Accordingly, the appellants and the respondents have been put in separate possession and enjoyment of their respective shares as mentioned above. There are no claims against each other between the appellants and the respondents in future.

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Wherefore, the appellants and the respondents respectfully prays that this Hon'ble Court be pleased to record the Compromise entered into between the appellants and the respondents as per the Compromise Petition and pass the judgment and decree dated in terms of the compromise in the interest of justice and equity.

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SCHEDULE 'A' PROPERTY WHICH BELONGS TO THE SHARE OF APPELLANT NO.1 SRI. JAYANNA.P

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1. All the piece and parcel of the land bearing Sy. No.15/4 measuring to an extent of 17 (Seventeen) Guntas out of the 1 Acre 26 Guntas, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk, Bengaluru South District-562109 and bounded on:-

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East by: Property belonging to Chennamma

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HC-KAR

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West by: Avaragere Road.

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North by: Property belonging to children of

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Chikkakuntayya and Ramanna.

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South by: Schedule 'B' Property allotted to the share of Varadaraju.P.

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SCHEDULE 'B' PROPERTY WHICH BELONGS TO THE SHARE OF APPELLANT NO.2 SRI. VARADARAJU.P

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1. All the piece and parcel of the land bearing Sy.No.15/4 measuring to an extent of 13 (Thirteen) Guntas out of the 1 Acre 26 Guntas, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk, Bengaluru South District-562109, and bounded on:-

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East by: Property belonging to Chennamma

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West by: Avaragere Road.

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North by: Schedule 'A' property allotted to the share of

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Jayanna.P.

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South by: Schedule 'C' property allotted to the share of Murthachar.

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2. All the piece and parcel of the house property bearing Khaneshumari No.14, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk, Bengaluru South District, measuring approximately East to West 35.00 feet, North to South 45.00 feet, along with 12 square feet roofed with Mangalore Tiles house and bounded on:

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East by: House belonging to Tolasamma and Hanumakka.

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West by: House belonging to Chikkathimmaiah and Colony Road.

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North by: House belonging to Aajihanumaiah. South by: Government Road.

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HC-KAR

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SCHEDULE 'C' PROPERTY ALLOTTED TO THE SHARE OF APPELLANT NO.3 SRI. MURTHACHAR

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1. All the piece and parcel of the land bearing Sy. No. 15/4 measuring to an extent of 21(Twenty One) Guntas out of the 1 Acre 26 at Avaragere Village, Bidadi-1 Hobli, Guntas, situated Ramanagara Taluk, Bengaluru South District-562109 and bounded on:-

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East by: Property belonging to Chennamma West by: Avaragere Road

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North by: Schedule 'B' property allotted to the share of Varadaraju.P

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South by: Schedule 'D' property allotted to the share of Jayamma, Schedule 'E' property allotted to The share of Siddavva @ Siddamma and Schedule 'F' property allotted to the share of Girijavva @ Girija.

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SCHEDULE 'D' PROPERTY ALLOTTED TO THE SHARE OF RESPONDENT NO.1 SMT. JAYAMMA

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1. All the piece and parcel of the land bearing Sy. No. 15/4 measuring to an extent of 09 (Nine) Guntas out of the 1 Acre 26 Guntas, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk, Bengaluru South District-562109, and bounded on:-

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East by: Schedule 'E' property belonging to the share of Siddavva @ Siddamma.

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West by: Avaragere Road. North by: Schedule 'C" property allotted to the share of Murthachar.

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South by: Property belonging to Heerehalli Rajanna

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HC-KAR

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SCHEDULE 'E' PROPERTY ALLOTTED TO THE SHARE OF RESPONDENT NO.2 SMT. SIDDAVVA @ SIDDAMMA.

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1. All the piece and parcel of the land bearing Sy. No. 15/4 measuring to an extent of 03 (Three) Guntas out of the 1 Acre 26 Guntas, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk. Bengaluru South District-562109, and bounded on:-

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East by: Schedule 'F' property belonging to the share of Girijavva @ Girija.

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West by: Schedule 'D' property belonging to the share of Jayamma

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North by: Schedule 'C' property belonging to the share of Murthachar

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South by: Property belonging to Heerehalli Rajanna.

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SCHEDULE 'F' PROPERTY ALLOTTED TO THE SHARE OF RESPONDENT NO.3 SMT. GIRIJAVVA @ GIRIJA.

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1. All the piece and parcel of the land bearing Sy. No. 15/4 measuring to an extent of 03 (Three) Guntas out of the 1 Acre 26 Guntas, situated at Avaragere Village, Bidadi-1 Hobli, Ramanagara Taluk, Bengaluru South District-562109, and bounded on:-

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East by: Property belonging to Chennamma

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West by: Schedule 'E' property allotted to the share of Siddavva @ Siddamma.

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North by: Schedule 'C' property allotted to the share of Murthachar South by: Property belonging to Heerehalli Rajanna”

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