Smt. Harini Kariappa Vs Sri.K.G.Nanda — Karnataka HC (2026) — LawSathi Research

Smt. Harini Kariappa Vs Sri.K.G.Nanda — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals disposed of by consent: Compromise Petition under Order 23 Rule 3 CPC, 1908 accepted, and the judgment and decree passed by the courts below modified in terms of the Compromise Petition filed before the Court.

Issue for consideration

Whether the plaintiffs (appellants) were entitled to a 1/5th share in the 'A' schedule property with Defendant Nos. 1 to 4 directed to effect partition — the decree reversed in first appeal (R.A.Nos. 6/2014 and 7/2014) and the subject-matter of these second appeals, ultimately resolved by compromise before this Court.

Court's answer

The Court accepted the Compromise Petition filed under Order 23 Rule 3 of CPC, 1908, the parties having submitted that they entered into the compromise voluntarily and that there was no undue influence or fraud.

Ratio / Principle

The judgment and decree passed by the Courts below was modified in terms of the Compromise Petition filed before this Court.

Detailed headnote1 paragraphs

Oral judgment of Hon'ble Mr. Justice E.S. Indiresh, High Court of Karnataka, Bengaluru, dated 24.04.2026, in Regular Second Appeals Nos. 2063 and 2064 of 2016, filed under Section 100 read with Order XLII Rules 1 and 2 of CPC, 1908 by the plaintiffs (Smt. Harini Kariappa, Sri K K Ganapathy and Smt Shivani Kariappa) against the judgment and decree dated 30.08.2016 of the I Addl. District Judge, Kodagu, Madikeri in R.A.Nos. 6/2014 and 7/2014, which allowed the appeals and set aside the decree dated 28.08.2013 in O.S.No.44/2008 (Senior Civil Judge, Madikeri) decreeing the plaintiffs' suit for a 1/5th share in the 'A' schedule property and directing Defendant Nos. 1 to 4 to effect partition. Coming on for hearing, the parties announced a compromise and filed a petition under Order 23 Rule 3 of CPC, 1908, submitting that the compromise was voluntary and free of undue influence or fraud. The Court accepted the Compromise Petition and modified the judgment and decree of the courts below in terms thereof. Certain respondents (Smt Pemmanda Jemmy Ganapathy; and Sri P S Ganapathy in RSA 2064/2016) stood deleted vide order dated 24.04.2026. No contested issue was adjudicated and no precedent was relied upon.

NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 2063 OF 2016 (PAR) C/W

REGULAR SECOND APPEAL NO. 2064 OF 2016

IN RSA No. 2063/2016

BETWEEN:

SMT. HARINI KARIAPPA WIFE OF LATE K G KARIAPPA AGED ABOUT 62 (NOW 64) YEARS RESIDING AT NO.43 DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

SRI K K GANAPATHY SON OF LATE K G KARIAPPA AGED ABOUT 37 (NOW 39) YEARS RESIDING AT NO.43 DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038

SMT SHIVANI KARIAPPA DAUGHTER OF LATE K G KARIAPPA AGED ABOUT 36 (NOW 38) YEARS

NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016

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HC-KAR

RESIDING AT NO.43, DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038

…APPELLANTS

(BY SRI. APPAIAH P.B., ADVOCATE)

AND:

SRI.K.G.NANDA

SON OF LATE DR.KANDRATHANDA A GANAPATHY AGED ABOUT 73 (NOW 75) YEARS RESIDING AT GANAPATHY VILLA GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT

SMT K GANGAVVA GANAPATHY WIFE OF LATE DR KANDRATHANDA A GANAPATHY AGED ABOUT 95 YEARS RESIDING AT GANAPATHY VILLA GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT

(SINCE DECEASED AND REPRESENTED BY HER LEGAL REPRESENTATIVES APPELLANTS NOS.1 TO 3 HEREIN AND RESPONDENTS NOS.1 TO 3 HEREIN)

SMT KODIRA NIMMY APPACHU WIFE OF KODIRA U APPACHU AGED ABOUT 75 (NOW 77) YEARS RESIDING AT BISON FIELD ESTATE

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HC-KAR

SIDDAPUR-571 253 VIRAJPET TALUK KODAGU DISTRICT

SMT PEMMANDA JEMMY GANAPATHY WIFE OF P S GANAPATHY AGED ABOUT 71 (NOW 73) YEARS RESIDING AT VARSHA RUTU GENERAL THIMMAIAH ROAD MADIKERE-571 201 KODAGU DISTRICT

DELETED VIDE ORDER DATED 24.04.2026

SRI P S GANAPATHY SON OF LATE SUBBAIAH AGED ABOUT 75 (NOW 77) YEARS RESIDING AT VARSHA RUTU GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT

…RESPONDENTS

(BY SRI. LAKSHMISH G., ADVOCATE FOR R1 AND R2 R3 AND R4 DELETED VIDE ORDER DATED 24.04.2026)

THIS RSA IS FILED U/S 100 READ WITH ORDER XLII RULES 1 AND 2 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.08.2016 PASSED IN R.A.NO.6/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DATED 28.08.2013 PASSED IN O.S. NO.44/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI.

4 - NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016

HC-KAR

IN RSA NO. 2064/2016

BETWEEN:

SMT. HARINI KARIAPPA W/O LATE K.G.KARIAPPA, AGED ABOUT 62 (NOW 64) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR,

BENGALURU - 560 038.

SRI K K GANAPATHY

S/O LATE K.G.KARIAPPA, AGED ABOUT 37 (NOW 39) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR, BENGALURU - 560 038.

SMT. SHIVANI KARIAPPA D/O LATE K.G. KARIAPPA, AGED ABOUT 36 (NOW 38) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR, BENGALURU - 560 038.

...APPELLANTS

(BY SRI. APPAIAH P.B., ADVOCATE)

AND:

SMT. PEMMANDA JEMMY GANAPATHY W/O P.S.GANAPATHY, AGED ABOUT 71 (NOW 73) YEARS, R/AT VARSHA RUTU GENERAL THIMMAIAH ROAD,

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HC-KAR

MADIKERI - 571 201 KODAGU DISTRICT.

DELETED VIDE ORDER DATED 24.04.2026

SRI P. S. GANAPATHY S/O LATE SUBBAIAH, AGED ABOUT 75 (NOW 77) YEARS, R/AT VARSHA RUTU GENERAL THIMMAIAH ROAD, MADIKERI - 571 201 KODAGU DISTRICT.

DELETED VIDE ORDER DATED 24.04.2026

SRI K G NANDA S/O LATE DR KANDRATHANDA A GANAPATHY, AGED ABOUT 73 (NOW 75) YEARS, R/AT GANAPATHY VILLA, GENERAL THIMMAIAH ROAD, MADIKERI - 571 201. KODAGU DISTRICT.

SMT. K GANGAVVA GANAPATHY W/O LATE DR KANDRATHANDA A GANAPATHY, AGED ABOUT 95 YEARS, R/AT GANAPATHY VILLA, GENERAL THIMMAIAH ROAD, MADIKERI - 571 201 KODAGU DISTRICT

(SINCE DECEASED AND REPRESENTED BY HER LEGAL REPRESENTATIVES APPELLANTS NO. 1 TO 3 HEREIN AND RESPONDENTS NO.1, 3 AND 4 HEREIN)

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HC-KAR

SMT. KODIRA NIMMY APPACHU W/O KODIRA U APPACHU, AGED ABOUT 75 (NOW 77) YEARS R/AT BISON FIELD ESTATE, VIRAJPET TALUK SIDDAPUR - 571 253 VIRAJPET TALUK, KODAGU DISTRICT.

...RESPONDENTS

(BY SRI. LAKSHMISH G., ADVOCATE FOR R3 AND R4 R1 AND R2 DELETED VIDE ORDER DATED 24.04.2026)

THIS RSA IS FILED UNDER SEC.100 READ WITH ORDER XLII RLES 1 AND 2 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2016 PASSED IN RA.NO.7/2014 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, KODAGU, MADIKERI, IS ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.08.2013 PASSED IN OS.NO.44/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI TRIAL COURT DECREED THE SUIT.

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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HC-KAR

ORAL JUDGMENT

The parties are present before the Court and they are represented by their counsel.

These appeals are filed by the plaintiff assailing the judgment and decree dated 30.08.2016 passed in Regular Appeal No.6/2014 and Regular Appeal No.7/2014 on the file of I Addl. District Judge, Kodagu, Madikeri, allowing the appeals and setting aside the judgment and decree dated 28.08.2013 in O.S.No.44/2008 on the file of Sr.Civil judge, Madikeri, decreeing the suit of the plaintiff holding that the plaintiffs are entitled to 1/5^th share in the 'A' schedule property. The Defendant Nos.1 to 4 were directed to effect partition in terms of the decree.

It is submitted by the parties present before the Court that, the parties have entered into compromise and accordingly the Compromise Petition is filed under Order 23 Rule 3 of CPC, 1908. It is submitted that the parties are entering into the Compromise Petition voluntarily and there is no undue influence or fraud. Accordingly the Compromise Petition is accepted and

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HC-KAR

the judgment and decree passed by the Courts below is modified in terms of the Compromise Petition filed before this

Court.

SD/(E.S.INDIRESH) JUDGE

SNB

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