Second appeal against appellate decree granting the respondent half share in suit properties was settled in mediation under Section 89 CPC; property was divided between the parties' legal representatives and the appeal was disposed of in terms of the memorandum of settlement.
Appeal disposed of in terms of memorandum of settlement; decree to be drawn accordingly.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 667 OF 2013 (PAR)
BETWEEN:
Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA
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ALL ARE R/AT KADANUR VILLAGE MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT.
…APPELLANTS
(BY SRI. T H NARAYANA & G NARENDRARAJU., ADVOCATES)
AND:
SINCE DEAD REP. BY HER LEGAL REPRESENTATIVES
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AGED ABOUT 47 YEARS
ALL ARE R/AT KADANUR PALYA VILLAGE MADURE HOBLI DODDABALLAPUR TALUK
BENGALURU RURAL DISTRICT – 561 203.
…RESPONDENTS
[BY SRI. S SIDDAPPA, ADVOCATE FOR C/R SRI. M SRINIVASA, ADVOCATE FOR R1(A-J)]
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 8.1.2013 PASSED IN R.A.NO.110/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DODDABALLAPUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 6.3.2012 PASSED IN OS.NO.128/2007 ON THE FILE OF THE SENIOR CIVILL JUDGE & JMFC., DODDABALLAPUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
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MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005
I. The Appellants have filed this appeal against the judgment and decree dated 08.01.2013 passed in R.A.No.110/2012 by Fast Track Court at Doddapallapura, Modifying the judgment and decree dated 08.03.2012 passed in 0.S.No.128/2007 by the Senior Civil Judge, Doddaballapura and granted half (1/2) share in the suit schedule property in favour of the respondent.
II. Brief Facts:
The deceased Respondent Alliyamma has filed the suit in O.S.No. 128/2007 on the file of the Senior Civil Judge. Doddaballapura seeking for partition and separate possession of her undivided ½ share in the suit schedule properties.
The Deceased Appellant Channamma has appeared in the Suit and contested the Suit and sought for dismissal of the suit on the ground that Late Chikkannappa, who is the father of the Plaintiff and defendant had bequeathed all the Suit Schedule Properties in favour of the Appellant, Channamma under a Will dated 12.03.1986.
The Hon'ble Trial Court up-held the validity of the Will dated 12.03.1986 but decreed the suit by 1/3rd share by Judgment and Decree dated 06.03.2012 and granted undivided 1/3nd share to the deceased Plaintiff Alliyamma.
That being aggrieved by the Judgment and Decree dated 06.03.2012 passed in O.S.No.128/2007 the deceased Defendant Channamma has filed an Appeal in R.A.No. 110/2012 on the file of the Hon'ble Fast Track Court, Doddaballapura.
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That the Hon'ble Fast Track Court, Doddaballapura by its Judgment and Decree dated 08.01.2013 modified the preliminary decree passed in Original Suit and granted ½ share in favour of the deceased Plaintiff Smt.Alliyamma in the Suit Schedule Properties.
That being aggrieved by the Judgment and Decree dated 08.01.2013 passed in R.A.No.110/2012, the deceased Defendant Channamma has filed the above Second Appeal before this Hon'ble Court.
That the Plaintiff Alliyamma and the Defendant Channamma who are the Respondent and Appellant respective in the above Appeal died during the pendency of the above Appeal and hence, their respective legal representatives have been brought on record in the above Appeal.
III. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the legal representatives of both parties along with their respective advocates were present to resolve their disputes and they have agreed on following terms and conditions:
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of the legal representatives of the deceased Smt. Channamma i.e. Appellant 1(a) to 1(f).
7. The Legal Representative of the Appellant Smt. Channamma are residing in a house belonging to Sri. Chikkannappa and the said house along with vacant property shall be the property of the legal representatives of the Appellant Smt. Channamma.
8. It is agreed between the parties that whatever left out properties are there belonging to the deceased Sri.Chikkannappa shall be the properties of the legal representatives of deceased Appellant Smt. Channamma. 9. In view of this settlement Schedule 'A' Property is allotted to the share of legal representatives of Respondent-Smt. Alliyamma and Schedule 'B' Properties are allotted to the joint share of the legal representatives of deceased Appellant Smt. Channamma.
10. It is mutually agreed between all the parties that now onwards Schedule 'A' Property shall be exclusively property of the legal representatives of deceased Respondent-Smt. Alliyamma and Schedule 'B' Properties shall be exclusively property of the legal representatives of deceased Appellant Smt. Channamma.
11. The Legal representatives of the Appellant and the Legal representatives of the Respondent admits that from now onwards they have no manner of right, claim or share in the properties allotted to each other's against each other or against the property allocated to the legal representatives of the Appellant and legal representatives of the Respondent.
12. Both the parties hereby confirm that all the allegations made by them against each other before any authority/Court stands withdrawn in view of this settlement.
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SCHEDULE "A" PROPERTY
(Property allotted the joint Share of Respondent No.1(c)Smt. Sumitra, Respondent No.1(f)-Smt. Savithramma, Respondent No.1(g)-Smt. Bhagyamma and Respondent 1(i)-Smt. Chandrakala)
All the piece and parcel of the Agricultural land bearing Sy.No.4/1, measuring an extent of 1 acre, situated on the Western side of the total extent of the land measuring an extent of 2 acre 26 guntas and identified by the letters "A", "B", "C", "D", and shown in Green Colour in the Sketch annexed to this settlement agreement, situated at Kadanur Village, Madure Hobli, Doddaballapura Taluk, bounded on:-
East by : "B" Schedule allotted to the share of Channamma,
West by:Land belongs to Nanjundappa,
North by: Land belongs to Ramanna,
South by: Land of Smt. Akkayamma.
SCHEDULE "B" PROPERTIES
(Properties allotted towards the joint share of legal representatives of the Appellants No.1(a) to 1(f) deceased Smt. Channamma)
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Yellow Colour in the Sketch annexed to this Settlement agreement, situated at Kadanur Village, Madure Hobli, Doddaballapura Taluk, bounded on:-
East by: Land belongs to Smt. Akkayamma,
West by: "A" Schedule allotted to LRs of Smt. Alliyamma,
North by: Land of Ramaiah,
South by: Land of Akkayamma,
2) All the piece and parcel of the Agricultural land measuring an extent of 2 acre 33 guntas, in Sy. Nos. 13/1 and 13/2, situated at Kadanur Village, Madurai Hobli, Doddaballapura Taluk, bounded on:-
East by: Government Road,
West by: Land of Akkayamma,
North by: Narashimana Agrahara Yelle,
South by: Land of K.N.Chandrayappa.
3) All the piece and parcel of the Agricultural land measuring an extent of 0.30 guntas, in Sy. No. 1/3, situated at Kadanur Village, Madurai Hobli, Doddaballapura Taluk, bounded on:-
East by: Land of Channarayappa,
West by: Land of Prakasha,
North by: Land of Kantharaju,
South by: Sarkari Kaluve.
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situated at Kadanur Village, Madurai Hobli, Doddaballapura Taluk, bounded on:-
East by: Land of Krishnappa,
West by: Land of Chandrappa,
North by: Sarkari Kaluve,
South by: Land of Channegowda.
East by: Land of Ramaiah,
West by: Land of Lakshmamma,
North by: Land of Channappa,
South by: Land of Appayanna.
East by: Land of Chandrayappa,
West by Land of Ashwathaiah,
North by: Land of Akkayamma,
South by: Land of Gangaiah.
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East by: Land of Keshava Murthy,
West by: Land of Akkayamma,
North by: Land of Ramesh,
South by: Land of K. Bylappa.
East by: Kereyeri,
West by: Mannada Gadde,
North by: Land of K. Gangaiah,
South by: Land of Chikka Bylappa.
IV. In view of the aforesaid settlement agreement, both the parties pray that this Hon'ble court may be pleased to draw a final decree in the interest of justice and equity in terms of the aforesaid agreement.
V. Sketch as to property prepared shall form the part of this memorandum of settlement.
VI. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement.
4. Accordingly, the Regular Second Appeal is disposed
of in terms of the Memorandum of Settlement.
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Memorandum of Settlement.
Sd/(ASHOK S.KINAGI) JUDGE
SKS CT:KHV
3 provisions across 2 enactments
Smt Channamma (dead) by her legal representatives
Smt Alliyamma (dead) by her legal representatives
Ashok S. Kinagi
As recorded by the court registry
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