Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1722 OF 2017 C/W REGULAR SECOND APPEAL NO. 1723 OF 2017, REGULAR SECOND APPEAL NO. 663 OF 2018, IN RSA No. 1722/2017 BETWEEN: CHANNAPPA S/O. LATE KALEGOWDA, DEAD REP. BY HIS LRS
1. SAROJAMMA
W/O LATE CHANNAPPA, AGE 72 YEARS. Digitally 2. DHARMA signed by S/O LATE CHANNAPPA, SUNITHA K S AGED ABOUT 48 YERAS Location: HIGH COURT 3. SATHISH OF KARNATAKA S/O LATE CHANNAPPA, AGED ABOUT 45 YEARS THE APPELLANTS NO. 1 TO 3 ARE R/AT NEAR KIKKEREMMA TEMPLE, HOLENARASIPURA TOWN AND TALUK 573211 HASSAN DISTRICT.
4. SHAILAJA
W/O. KESHAVAMURTHY AGED ABOUT 38 YEARS -2- R/AT HOUSING BOARD, HOLENARASIPURA TOWN AND TALUK 573 211 HASSAN DISTRICT …APPELLANTS (BY SRI. M RAMA MOHAN, ADVOCATE) AND: SRI. RANGEGOWDA S/O. LATE. KALEGOWDA, DEAD REP. BY HIS LRS
1. SMT. SAVITHRAMMA W/O. GIDDEGOWDA, D/O LATE RANGEGOWDA AGED ABOUT 40 YEARS
2. SMT. BHARATHI AGED ABOUT 38 YEARS W/O DEVARAJEGOWDA D/O LATE RANGEGOWDA RESPONDENT Nos.1 & 2 ARE R/AT ANTHANAHALLI VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116
3. SMT. SINGAMMA W/O. LATE. NANJAPPA, AGED ABOUT 60 YEARS R/AT MEGALAKERI EXTENSION, CHANNARAYAPATNA TOWN AND TALUK 573116 HASSAN DISTRICT. SINCE DIED NO LEGAL REPRESENTATIVES
4. SRI. KALEGOWDA @ PUTTAPPA S/O. LATE. KALEGOWDA, AGED ABOUT 75 YEARS -3-
5. SMT. SHANTHAMMA W/O LATE. RANGEGOWDA, AGED ABOUT 65 YEARS
6. SMT. YASHODAMMA W/O. LATE. RAJEGOWDA AGED ABOUT 55 YEARS
7. SMT. MANJULA W/O. KRISHNEGOWDA AGED ABOUT 36 YEARS
8. SRI. KAPANIGOWDA S/O. KRISHNEGOWDA AGED ABOUT 60 YEARS RESPONDENT Nos. 4 TO 8 ARE R/AT ANTHANAHALLI VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116
9. SMT. BABY AGED ABOUT 38 YEARS W/O SATHISH R/AT NEAR KIKKERAMMA TEMPLE HOLENARASIPURA TOWN AND TALUK - 573 211 HASSAN DISTRICT.
10. SRI. SWAMY S/O. KAPANIGOWDA AGED ABOUT 28 YEARS
11. SRI. ASHOK S/O. KAPANIGOWDA AGED ABOUT 24 YEARS RESP0NDENT NOS. 10 & 11 ARE R/AT ANTHANAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT 573116 -4-
12. B.N. KESHAVA MURTHY S/O LATE NANJUNDE GOWDA AGED ABOUT 61 YEARS R/OF VIVEKANANDA NAGARA CHANNARAYAPATNA TOWN BEGUR HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT.
13. YOGESH S/O THIRUMALE GOWDA AGED ABOUT 60 YEARS R/OF VIVEKANANDA NAGARA CHANNARAYAPATNA TOWN BEGUR HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT.
14. VARUN B.K. S/O B.N. KESHAVA MURTHY AGED ABOUT 24 YEARS R/O RAMAKRISHNA LAYOUT CHANNARAYAPATNA TOWN BEGUR HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT. …RESPONDENTS (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE FOR R4 SRI. MURALI N, ADVOCATE FOR R5 & R7 SRI. VENKATESH T. DESHPANDE, ADVOCATE FOR R1, R2, R6, R8, R9, R10 AND R11 SRI. NARAGARJ G., ADVOCATE FOR R12, R13 & R14 V/O DATED 31.01.2022 NOTICE TO R9 IS D/W) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 17.06.2017 PASSED IN R.A.NO.
AND SESSIONS JUDGE, HASSAN DISTRICT, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 22.04.2016 PASSED IN OS.NO. 02/2006 ON THE FILE OF THE SENIOR CIVIL JDUGE, CHANNARAYAPATNA. -5- IN RSA NO. 1723/2017 BETWEEN: CHANNAPPA S/O LATE KALEGWODA, DEAD REP. BY HIS LRS
1. SAROJAMMA W/O LATE CHANNAPPA, AGED ABOUT 72 YEARS,
2. DHARMA S/O LATE CHANNAPPA, AGED ABOUT 48 YEARS,
3. SATHISH S/O LATE CHANNAPPA, AGED ABOUT 45 YEARS, APPELLANT Nos. 1 TO 3 ARE R/AT NEAR KIKKEREMMA TEMPLE, HOLENARASIPURA TOWN AND TALUK, HASSAN-573211
4. SHAILAJA W/O KESHAVAMURTHY, AGED ABOUT 38 YEARS, R/AT HOUSING BOARD, HOLENARASIPURA TOWN & TALUK HASSAN - 573211 ...APPELLANTS (BY SRI. M. RAMA MOHAN, ADVOCATE) AND:
1. SRI. KALEGOWDA @ PUTTAPPA AGED ABOUT 75 YEARS, S/O LATE KALEGOWDA R/AT ANTHANAHALLI VILLAGE, KASABA HOBLI, -6- CHANNARAYAPATNA TALUK, HASSAN -573116
2. SMT SINGAMMA W/O LATE NANJAPPA, AGED ABOUT 60 YEARS, R/AT MEGALAKERI EXTENSION, CHANNARAYAPATNA TOWN & TALUK HASSAN - 573116 (DEAD V/O DATED 02.05.2025) SRI RANGEGOWDA S/O LATE KALEGOWDA, DEAD REP. BY HIS LRS,
3. SMT YASHODHA D/O LATE RANGEGOWDA, AGED ABOUT 57 YEARS
4. SMT THAYAMMA @ SAVITHRAMMA D/O LATE RANGEGOWDA, AGED ABOUT 52 YEARS,
5. SMT MANJULA W/O KRISHNEGOWDA, AGED ABOUT 36 YEARS, RESPONDENT Nos.3 TO 5 ARE R/AT ANTHANAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK HASSSAN - 573116
6. SMT BHARATHI D/O LATE RANGEGOWDA, AGED ABOUT 51 YEARS, R/AT MATTANVILE VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN - 573 116 ...RESPONDENTS -7- (BY SRI. K V NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE FOR R1 SRI. MURALI N., ADVOCATE FOR R5 SRI. VENKATESH T DESHPANDE, ADVOCATE FOR R3, R4 & R6 R2, DEAD V/O DATED 02.05.2025) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DTD 17.06.2017 PASSED IN
R.A.NO. 116/2016 ON THE FILE OF THE 4th ADDITIONAL DISTIRICT AND SESSIONS JUDGE, HASSAN DISTRICT, (SIT AT CHANNARAYAPATNA), ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 22.04.2016 PASSED IN OS.NO.17/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC CHANNARAYAPATNA. IN RSA NO. 663/2018 BETWEEN: SRI KALEGOWDA @ PUTTAPPA S/O KALEGOWDA, AGED ABOUT 67 YEARS R/A ANTHANAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRIT-573116. ...APPELLANT (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE) AND: CHANNAPPA SINCE DEAD BY HIS LRS,
1. SMT SAROJAMMA, W/O LATE CHANNAPPA AGED ABOUT 82 YEARS -8-
2. SRI DHARMA S/O LATE CHANNAPPA, AGED 57 YEARS
3. SRI SATHISH S/O LATE CHANNAPPA, AGED 52 YEARS RESPONDENT Nos.1 TO 3 ARE R/AT NEAR KIKKERAMMA TEMPLE HOLENARASIPURA TOWN AND TALUK - 573 210
4. SMT SHAILAJA W/O KESHAVAMURTHY, AGED ABOUT 47 YEARS R/A HOUSING BOARD, HOLENARASIPURA TOWN, HOLENARASIPURA TOWN AND TALUK, HASSAN DISTRICT-573210.
5. SMT SINGAMMA W/O LATE NANJAPPA, R/A MEGILAKERI, CHANNRAYAPATNA TOWN, HASSAN DISTRIT-573116. (DEAD V/O DATED 02.05.2025) RANGEGOWDA SINCE DEAD HIS LRS,
6. SMT.YASHODHA, D/O RANGEGOWDA, AGED ABOUT 57 YEARS
7. SMT THAYAMMA @ SAVITHRAMMA D/O RANGEGOWDA, AGED ABOUT 52 YEARS
8. SMT MANJULA D/O RANGEGOWDA, AGED ABOUT 50 YEARS RESPONDENT Nos.6 TO 8 ARE R/A ANTHANAHALLI VILLAGE, -9- KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.
9. SMT BHARATHI D/O RANGEGOWDA AGED ABOUT 51 YEARS R/A MATTANVILE VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116. ...RESPONDENTS (BY SRI. M. RAMA MOHAN, ADVOCATE FOR R1 TO R4 SRI. VENKATESH T DESHPANDE, ADV. FOR R6, R7 & R9 SRI. MURALI N, ADVOCATE FOR R8 R5, DEAD V/O DATED 02.05.2025) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DTD 17.06.2017 PASSED IN
R.A.NO. 116//2016 ON THE FILE OF THE 4th ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, (SITTING AT CHANNARAYAPATNA), ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 22.04.2016 PASSED IN OS.NO. 17/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA. THESE APPEALS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The appellants and respondents are present before the court. They are identified by their respective counsels. - 10 -
2. The appellants and respondents filed a
compromise petition, which reads as under: “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 CPC The parties begs to submit as under:
1. One Boose Kalegowda had 2 wives namely Smt.
Doddamma and Smt. Kalamma. Through Doddamma, Boose Kalegowda had 4 children namely Channappa, Nanjappa, Akkamma and Ammayamma. Through Kalamma said Boose Kalegowda had 3 sons namely Rangegowda, Nanjappa and Kalegowda. The legal representatives of Channappa S/O of Boose kalegowda & Doddamma are the appellants in RSA.No.1722/2017 and
2. Second son of Boose Kalegowda & Doddamma namely Nanjappa is no more. His widow Smt. Singamma is the appellant in RSA.No.1245/2021.
3. Akkamma, the daughter of Boose Kalegowda & Doddamma is no more and she died issueless.
4. Ammayamma, the daughter of Boose Kalegowda &
Doddamma is no more. She had a son by name Manjegowda. Manjegowda is no more. Wife of Manjegowda namely Nagamma and son of Manjegowda namely Nagaraju C.M are the appellants in RSA.No.358/2022.
5. The first son of Boose Kalegowda and Kalamma by
name Rangegowda is no more. His legal representatives have been arrayed as party respondents in the above appeals. Nanjappa is no more he died without issues. Kalegowda son of Boose Kalegowda & Kalamma is the appellant in RSA.No.663/2018.
6. The suit in OS.No.2/2006 had been filed by
Rangegowda son of Boose Kalegowda & Kalamma, Nanjappa and the daughters of Rangegowda namely Smt Savithramma and Smt Bharathi on the file of the learned Senior Civil Judge at Channarayapatna. Suit in OS.No.17/2006 have been filed by Kalegowda alias Puttappa, son of Boose Kalegowda & Kalamma. The said - 11 - suits were clubbed and vide judgment and decree dated 22.04.2016, both the suits were dismissed.
7. Against the said judgment and decree, Savithramma
daughter of Rangegowda filed an appeal in RA.108/2016 and Kalegowda alias Puttappa son of Boose Kalegowda & Kalamma filed an appeal in RA.116/2016. The first appellate court allowed both the appeals and granted share to the parties. It is the said judgment and decree that is subject matter of challenge in the above appeals.
8. The above suit had been filed seeking partition and
separate possession concerning two items of the properties. Item no.1 is an agricultural property bearing Sy.No.41/1A measuring 2 acre 12 guntas. Item No.2 is a house property bearing khatha No.2660.
9. During the pendency of the above appeal, with the
intervention of the elder and well-wishers, the parties to the proceedings have amicably resolved to settle the matter. The terms of the settlement is as under:
A. The legal representatives of Channappa who are the appellants in RSA.No.1722/2017 and 1723/2017 have executed a registered sale deed dated 11.11.2020 in favor of Sri. B. N Keshavmurthy who has been arrayed as Respondent No.12 in RSA.No.1722/2017, thereby selling Item No.1 of the suit properties bearing Sy.No representatives of Channappa who are the appellants in the said appeals have no subsisting right, title and interest over the said property and they give up all their claims and contentions concerning the said agricultural property.
B. The appellants in RSA.No.358/2022 have executed a registered release deed in favor of Sarojamma wife of Channappa releasing all their rights over the suit properties under a registered release deed dated 09.07.2019. As such, they have no subsisting right, title and interest over the suit properties and they give up all their claims and contentions concerning the suit properties. As such, they seek dismissal of the appeal in RSA No.358/2022 unconditionally.
C. As far as Smt. Singamma is concerned, who is the appellant in RSA.No.1245/2021, she has already given up her right over the suit properties by entering into the partition deed dated 13.04.2005. As such, she had no right, title and interest over the suit properties. - 12 - In view of the fact that she is no more and has died issueless on 20.12.2024, the appeal in RSA No.1245/2021 shall stand abated. D. As stated above Smt. Akkamma D/O Boose Kalegowda & Doddamma and Sri. Nanjappa S/O Boose Kalegowda & Kalamma have died issueless. E. Under a registered release deed dated 20.07.2019, the legal representatives of Smt. Rathnamma D/O Rangegowda namely Jayalakshmi @ Baby, Swamy and Ashok- Respondent No. 9 to 11 in RSA No.1722/2011,
Smt. Savithramma, Smt. Bharathi and Smt. Yashodamma All D/O Rangegowda, arrayed as Respondent No.1,2 and 6 have released their right in favor of Smt. Sarojamma W/O Channappa. As such, the said Respondents l.e., Respondent No.1,2,6, 8 to 11 in RSA No. 1722/2017 have no subsisting right, title and interest over the suit properties and they give up all their claims and contentions concerning the suit properties.
F. As such, the only persons who hold interest over the suit properties are Sri. Keshavamurthy- the 12th respondent in RSA No. 1722/2017 (the purchaser from the legal representatives of Channappa) and his ailenees arrayed as Respondent No.13 and 14 herein, Smt. Shanthamma W/O Rangegowda & Manjula D/O Rangegowda- Respondent No. 5 and 7 in RSA No.1722/2017 and Kalegowda son of Boose Kalegowdathe 4th Respondent in RSA No.1722/2017. As such, the said parties and alieness of Respondent No.12 who have been arrayed as Respondent No.13 and 14 have amicably settled the dispute among themselves and have agreed to divide the agricultural property bearing Sy.No.44/1A, New No.44/3 in the following manner (The ranking of the parties is as per RSA No.1722/2017):
A. 12th Respondent- Sri. Keshavmurthy shall be entitled to a total extent of 67 guntas in Sy.No.44/3. Said Keshavmurthy has executed a registered sale deed in favor of Sri. Yogesh- the 13th Respondent in RSA No.1722/2017 concerning 4 ½ guntas of land and a registered gift deed in favor of his son Varun B. K-14th Respondent in RSA No.1722/2017 to an extent of 4 1½ Guntas. As such, including the said 9 guntas of alienated land, the entitlement of keshavmurthy as stated above is 67 guntas.
- 13 - B. 4th Respondent in RSA No. 1722/2017 namely- Sri. Kalegowda @ Puttegowda S/O Boose Kalegowda shall be entitled for 18 guntas of land. C. 5th and 7th Respondents in RSA No.1722/2017 namely Smt. Shanthamma and Manjula together are entitled to 7 guntas of land. D. The properties that they are entitled to has been described in the sketch drawn and appended to this compromise petition, which shall form part and parcel of the compromise petition- i. Block No.I, VI, IX and XII shall fall to the share of Respondent No.12- Sri. Keshav Murthy B. N. The property alienated in favor of Sri. Yogesh- the Respondent No.13 and Sri. Varun- the Respondent No.14 herein has been described as Block No.II and III respectively. ii. The property that has fallen to the share of 4th Respondent-Kalegowda is in Block No.V, VIII and XI. iii. The properties that has fallen to the share of 5th and 7th Respondent- Smt. Shantamma and Smt. Manjula together is in Block No.IV, VII and X. As such, the entire extent of 92 guntas shall be divided among the above parties in the aforesaid manner.
G. The Respondent No.12- Sri. Keshavmurthy has undertaken the exercise of getting the user of the entire land converted to non-agricultural purpose i.e residential purpose. The entire costs and expenses for getting the conversion shall be borne only by said 12th Respondent namely Keshavmurthy. Upon such a conversion, the residential layout of sites that is sought to be formed shall be duly got approved by him from the concerned urban development authority. The layout plan shall be so formed that access is provided to all the shareholders. The division of the sites shall be according to the shares
held by the respective parties. Further, should any
requirement for formation of road be made by the competent authority while approving the layout plan in a way that it traverses through the lands allotted to the share of 4th Respondent, 5th and 7th Respondent, the sites shall be carved out in such a manner that they should be situated well within 10 feet from the road that may be required to be so formed and the same shall be accordingly allotted to the above sharers.
- 14 -
H. Since 18 guntas of land is allotted to the share of the 4th respondent Kalegowda and 7 guntas of land is allotted to the share of 5th and 7th respondent namely Shantamma and Manjula together, the entitlement of the said persons shall be 19,602 Sq. Ft. (of Kalegowda Alias Puttegowda) and 4,573 Sq. Ft. (of Shanthamma and Manjula) respectively. If in case the layout is formed and converted land is to be allotted to the share of the said persons, then in any event the entitlement of the land of Kalegowda alias Puttegowda shall not be less than 11,761 Sq. Ft. As far as Shanthamma and Manjula are concerned, their entitlement shall not be, in any event, less than 4573 Sq. Ft. As such, it is agreed by the parties that Kalegowda alias Puttegowda is entitled to 18 guntas of agricultural land and an extent of not less than 11,761 Sq. Ft. of converted land. The entitlement of Smt. Shanthamma and Manjula shall be 7 guntas of agricultural land. In any event her entitlement to the converted land in the layout of site so formed shall not be less than 4573 Sq. Ft. The sites that shall be formed in the layout of sites shall ordinarily be of the dimensions of 30ft*40ft or 30ft*40ft or 40ft*60ft. As far as possible, the said sites shall be carved and allotted in such a manner that it shall not go beyond 10 feet from the land so allotted to the parties as per the sketch enclosed to this compromise petition.
I. The parties herein undertake that they shall not cause any interference to the enjoyment of the property by the other owner(s) under any circumstance and they would extend all necessary cooperation to ensure that the layout of site is formed and the sites are capable of being sold in favour of 3rd parties without any hassles.
J. As far as the Item No.2 of the suit properties is concerned, the same is in the possession of the legal representatives of Channappa. They shall be entitled to hold the same for themselves as absolute onwers. No other party to the proceeding shall have any right, title
or interest to the said property. The legal representatives of Channappa shall pay a sum of Rs.4,00,000/- to Kalegowda- the 4th Respondent in R.S.A. No. 1722/2017 and a sum of Rs.1,00,000/-to Smt. Shanthamma and Smt. Manjula- the Respondent No.5 and 7 in RSA No. 1722/2017. The said amount is paid today through Demand draft.
K. In the light of the aforesaid compromise petition being entered into, the appeal in RSA No. 358/2022 shall - 15 - stand withdrawn unconditionally. The appeal in RSA No. L. The above settlement have been arrived by parties out of their own will and without there being any threat, coercion or undue influence from any parties. Wherefore, it is respectfully prayed that this Hon'ble court be pleased to take this compromise petition on record and accept the same and direct the drawing up of the decree accordingly, in the interest of justice and equity.”
3. The contents of the compromise petition are
read over and explained to the parties in Kannada Language known to them. They accepted the terms and conditions mentioned in the compromise petition, and accordingly, prays to dispose of the appeal in terms of the compromise petition.
4. The compromise petition is taken on record.
5. Accordingly, the appeal is disposed of in terms of the compromise petition. The Office is directed to draw the decree in terms of the compromise petition. Sd/- (ASHOK S.KINAGI) JUDGE BVK