Regular second appeal against decrees granting a co-owner half share in agricultural land. Appellant produced a confirmation deed ratifying prior sale deeds executed by the deceased respondent's heir, who consented; appeal was permitted to be withdrawn.
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HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1701 OF 2017 (DEC/INJ)
BETWEEN:
SRI. RAMASANJEEVAIAH S/O. KARIGOWDA, AGED ABOUT 62 YEARS, R/AT NO.1465, NEAR VARADARAJASWAMY TEMPLE, FORT, CHANNAPATNA TOWN, RAMANAGARAM DISTRICT.
…APPELLANT
(BY SRI. T. SESHAGIRI RAO, ADVOCATE)
AND:
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
SMT. CHIKKAMMA W/O. LATE CHANNEGOWDA, SINCE DEAD BY HER LRS.,
HC-KAR
MALUR HOBLI, CHENNAPATNA TALUK.
SL. NOS. 3 TO 6 ARE SONS OF LATE THAMMEGOWDA & SMT. VENKATAMMA, RESIDENTS OF DODDAMALUR VILLAGE, CHANNAPATNA TALUK, RAMANAGARAM DISTRICT - 563 130.
SL.NOS.7 AND 8 ARE DAUGHTERS OF LATE SMT. VENKATAMMA, RESIDENTS OF SANTHEMOGENAHALLI VILLAGE, KASABA HOBLI, CHANNPATNA TALUK, RAMANGARAM DISTRICT - 562 130.
HC-KAR
SL. NOS. 7 AND 8 ARE DAUGHTERS OF LATE SMT. VENKATAMMA, RESIDENTS OF SANTHEMOGENAHALLI VILLAGE, KASABA HOBLI, CHANNPATNA TALUK, RAMANGARAM DISTRICT.
…RESPONDENTS
(BY SRI. PRAMOD R., ADVOCATE FOR R1
R2 TO 8 SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.07.2017 PASSED IN R.A.NO.82/2012 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.11.2012 PASSED IN O.S.NO.290/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant and respondent No.1 are present before the Court.
NC: 2026:KHC:32726 RSA No. 1701 of 2017
HC-KAR
MEMO
1. The appellant by virtue of presenting the above appeal has questioned the legality and correctness of the impugned judgment and decree dated 02.11.2012 one passed by the Senior Civil Judge & JMFC, Channapatna in O.S.No.209/2012, which was confirmed by the First Appellate Court i.e., III Addl. District & Sessions Judge, Ramanagara dated 07.07.2017 in R.A.No.82/2012.
2. It is submitted that, the trial court by virtue of impugned Judgment and decree dated 02.11.2012 has held that the plaintiff namely deceased Chikkamma is entitled to half share in plaint 'B' schedule property i.e., land bearing Sy.No.156/2 measuring 1 acre 12 guntas situated at Mangalavarpet village, Kasaba Hobli, Channapatna, which was affirmed by the First Appellate Court in R.A.No.82/2012 dated 07.07.2017.
3. It is submitted that, subsequent to presenting the above appeal, that the legal heir of deceased Chikkamma i.e., Respondent No.1 herein namely Smt. Rathnamma being the sole surviving legal heir of deceased Chikkamma, on 01.04.2026 has executed a deed of confirmation, whereunder, she has confirmed and ratified the two sale deeds both dated 04.05.2002 which were executed by Smt. Venkatamma and her son namely Kalyana Gowda whose branch is represented by & Respondent No.2 herein and Respondent No.3 to 5 herein. Said sale deeds have been registered in the office of the Sub-Registrar, Channapatna as document No.1363/2002-03 1364/2002-03 in respect of land in Sy.No.156/2, put together 1 acre 12 guntas out of which 1 guntas is a Kharab situated at Mangalavarpet village, Kasaba Hobli, Channapatna Taluk.
4. It is submitted that, said confirmation deed has been registered in the office of the SubRegistrar, Ramanagara as document RMN-100808/2026-27. Photocopy of the said confirmation
NC: 2026:KHC:32726 RSA No. 1701 of 2017
HC-KAR
deed is annexed along with this memo for kind reference.
In view of the above, the appeal be ordered to be disposed off accordingly.:
dismissed as withdrawn in view of the compromise entered
into between the parties.
Sd/(V SRISHANANDA)
JUDGE
BH
List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Sri Ramasanjeevaiah S/o Karigowda
Smt Rathnamma
Smt Prema
Sri Chaluvegowda @ Ayyappa
Sri Srinivasa
Smt Kullamma
V Srishananda
As recorded by the court registry
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