N. Chaithanya Vs Smt. Lakshmamma — Specific Performance | Karnataka HC (2026)

N. Chaithanya Vs Smt. Lakshmamma — Specific Performance | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the memorandum of settlement: the two Wills, two sale deeds and the Gift deed are agreed to be declared null and void (Respondent No.1 raising no objection), and the parties requested that suit O.S.No.8024/1980 be decreed for partition; Office directed to draw the decree accordingly.

Issue for consideration

Whether the two registered Wills, two registered sale deeds and the registered Gift deed executed/registered at Sub-Registrar, Ganghinagar, Bengaluru should be cancelled and declared null and void under Section 31 of the Specific Relief Act.

Ratio / Principle

The Court perused the terms of the mediation settlement and found them just and proper, and accepted the settlement.

Key takeaways

In view of the accepted settlement, the appeal stands disposed of in terms of the settlement arrived at before the mediation.ratio¶63
Office was directed to draw a decree in terms of the settlement.ratio¶64

Detailed headnote1 paragraphs

RFA No. 2089 of 2025, High Court of Karnataka at Bengaluru (R. Nataraj J.), decided 12-03-2026. The appellants (sons of the late M. Narayanaswamy) together with the plaintiff side of O.S.No.7021/2005 challenged the judgment and decree dated 09.10.2009 of the XVII Additional City Civil and Sessions Judge, Bengaluru, praying under Section 96 CPC for cancellation, per Section 31 of the Specific Relief Act, of two registered Wills, two registered sale deeds and a registered Gift deed, all registered at Sub-Registrar, Ganghinagar, Bengaluru. The appeal was referred to mediation; the parties filed a memorandum of settlement under Section 89 CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, agreeing that the two Wills, two sale deeds and the Gift deed become null and void, with Respondent No.1 (mother of the appellants) having no objection and Respondent No.2 having been dispensed with; the parties further sought that suit O.S.No.8024/1980 be decreed for partition. Finding the terms just and proper, the Court accepted the settlement, disposed of the appeal in terms thereof and directed the Office to draw a decree.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.2089 OF 2025

BETWEEN:

N. CHAITHANYA S/O. LATE M. NARAYANASWAMY AGED ABOUT 54 YEARS

N. BADARINARAYANA S/O. LATE M. NARAYANASWAMY AGED ABOUT 46 YEARS

BOTH ARE RESIDING AT HALLIPIRA MAIN ROAD MUTTAGADAHALLI VILLAGE THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 213

…APPELLANTS

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

(BY SRI NARASIMHAIAH K., ADVOCATE)

AND:

SMT. LAKSHMAMMA W/O. LATE M. NARAYANASWAMY AGED ABOUT 78 YEARS R/AT NO. 48/2, 2^ND FLOOR SHANKARAPURA BENGALURU-560 004

B. N. JAGANNATHA ADOPTED SON OF LATE ASHWATHANARAYANA AND LATE MALLAMMA AGED ABOUT 51 YEARS R/AT NO. 64/1, SITARAMAIAH ROAD

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GHAVIPURA EXTENSION BENGALURU-560 019

…RESPONDENTS

(BY SRI SHASHIDHAR BELAGUMBA, ADVOCATE FOR R1 AND R2)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO PASS THE JUDGMENT ORDER FOR CANCELLATION OF TWO WILL, SALE DEED, GIFT DEED AND SALE DEED UNDER SECTION 31 OF SPECIFIC RELIEF ACT.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

The plaintiff and the defendant No.4 in O.S.No.7021/2005, on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru, have filed this appeal challenging the judgment and decree dated 09.10.2009.

This appeal was referred for mediation. The parties have settled the dispute and have filed a memorandum of settlement, which reads as follows:

’'MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25

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OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

I. The Appellants have filed the present appeal for cancellation of two Wills bearing No.298/2002-03 and 299/2002-23 dated 14.02.2023 and two sale deeds bearing No.1857/2002-03 dated 18.07.2003 and bearing No.GAN1210/2013-14 dated 06.07.2013 and Gift deed bearing No. GAN190/2009-10 dated 08.05.2009 all are registered at Sub-Registrar, Ganghinagar, Bengaluru before the Sub Registrar, Ganghinagar, Bengaluru.

II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellants and Respondent No.1 are present along with their counsel were appeared to settle their disputes and they have agreed and arrived the following terms and conditions :

1. The Appellant No.1 and 2 are the sons of the deceased Sri.M.Narayanaswamy who is Defendant No.11 in O.S.No.8024/1980. The Respondent No.1 is the mother of the Appellants. The Respondent No.2 is dispensed by this Hon'ble Court.

2. The Appellant No.1 has filed a suit for Declaration to declare the Item No.1 to 5 which is more fully

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described herein below to be set-aside as Null and void.

Item No.1:

Declare the registered Will bearing No. 298/2002-03 dated 14.02.2023 at the Sub-Registrar, Ganghinagar, Bangalore and the volume 217 Book 111, executed by the defendant 11 M. Narayanaswamy will in favour of N. Govindaraju to be declare as null and void.

Item No.2:

Declare the Registered will bearing No-299/2002-03 dated 14.02.2003 at the Sub-Registrar Ganghinagar, Bangalore and the volume 217 Book 111, dated 14/02/2003 in favour of defendant No.11 M.Narayanaswamy executed will in favour of defendant No.11 (b)/ Appellant No. 1. N.Chaitanya to be declare as null and void.

Item No.3:

Declare the Registered Sale deed bearing No.1857/200203 dated 18.07.2003 at the Sub-Registrar Ganghinagar, Bangalore and the No.BNG(UOG.N.S.R/D.No.1857/03/04 Book-1 stored in O.D.No.G.N.S.R...29 defendant No.11 M. Narayanaswamy executed sale deed in favour of defendant No.21 B. Palanetra to be declare as null and void.

Item No.4:

Declare the Registered Gift deed bearing No.GAN190/2009-10 dated 08.05.2009 at the Sub-

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Registrar Ganghinagar, Bangalore and Book-1 stored in C.D.No.GAND110, Defendant No-11(a)/1st Respondent Smt.Lakshmamma executed Gift Deed in favour of 2^nd Defendant B.N.Jagannath/3^rd respondent B.N.Jagannatha to be declare as null and void.

Item No.5:

Declare the Registered Sale deed bearing No.GAN1210/2013-14 dated 06-07-2013 at the SubRegistrar Ganghinagar, Bangalore and the Book-1 stored in C.D.No.GAND161 2^nd Defendant B.N.Jagannatha/3^rd respondent executed sale deed in favour of Defendant No.21 B. Palanetra to be declare as null and void.

3. It is further agreed between the parties that they have agreed to compromise by way of declaring the aforesaid two Wills, two Sale deeds and a Gift deed are become void for which the Respondent No.1 has no objection.

4. It is further submitted by the parties that they have agreed to not to press two Wills, two Sale deeds and a Gift deed. They agree to get them declared as null and void.

5. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner.

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6. The Parties of both sides request to concerned court to decree the suit in O.S.No.8024/1980 for partition.

III In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders in the interest of justice and equity in terms of the aforesaid agreement.

IV. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement."

The terms of the settlement is perused and since

the same is just and proper, the same is accepted. Consequently, this appeal stands disposed of in terms of the settlement arrived at before the mediation.

Office is directed to draw a decree in terms of the

settlement.

Sd/(R. NATARAJ) JUDGE

BKN/List No.: 1 Sl No.: 13