Sri S Manjappa v. Smt K S Sumitramma

NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( STDATED(THIS(THE(21 (DAY(OF(APRIL,(2026( PRESENT( THE(HON'BLE(MRS.(JUSTICE(ANU(SIVARAMAN( AND(( THE(HON'BLE(MS.(JUSTICE(TARA(VITASTA(GANJU( REGULAR(FIRST(APPEAL(NO.(1617(OF(2019((PAR/INJ)( ( BETWEEN:(( (

1., SRI,S.,MANJAPPA, S/O,LATE,SIDDAPPA, AGED,ABOUT,56,YEARS, OCC:,AGRICULTURE,,

,

2., SRI,SHIVAKUMAR,, S/O,LATE,NAGENDRAPPA, AGED,ABOUT,51,YEARS, OCC:,AGRICULTURE,

,Digitally signedtiby 3., SRI,RAJASHEKHAR,, RAKSHA S/O,LATE,NAGENDRAPPA, Location: AGED,ABOUT,49,YEARS,High0Court

of OCC:,AGRICULTURE, Karnataka ,

4., SRI,RAVIKUMAR,, S/O,LATE,NAGENDRAPPA, AGED,ABOUT,49,YEARS, OCC,AGRICULTURE, ,

5., SMT.,DEVAMMA,, W/O,LATE,NAGENDRAPPA, AGED,ABOUT,67,YEARS, OCC:,HOUSEHOLD, NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( ( ,

6., SRI,RAGHAVENDRA,, S/O,LATE,NAGENDRAPPA, AGED,ABOUT,39,YEARS, OCC:,AGRICULTURE, ,

7., SRI,SHIVAKUMAR,, S/O,LATE,SHIVAPPA, AGED,ABOUT,35,YEARS, OCC:,AGRICULTURE, ,

8., SMT.,NAGARTNA,, D/O,LATE,SHIVAPPA, AGED,ABOUT,30,YEARS, OCC:,HOUSEHOLD, ,

9., SMT.,PREMA,, W/O,LATE,SHIVAPPA, AGED,ABOUT,60,YEARS, OCC:,HOUSEHOLD, ,

10., SRI,ANIL,KUMAR,, W/O,LATE,MAHESWARAPPA, AGED,ABOUT,40,YEARS, OCC:,AGRIUCLTURE, ,

11., SRI,SHASHIKUMAR,, W/O,LATE,MAHESWARAPPA, AGED,ABOUT,35,YEARS, OCC:,AGRICULTURE, ,

12., SMT.,SUNITA,, D/O,LATE,MAHESWARAPPA, AGED,ABOUT,37,YEARS, OCC:,HOUSEHOLD, , NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( (

13., SMT.,VINODAMMA,, W/O,LATE,MAHESWARAPPA, AGED,ABOUT,57,YEARS, OCC:,HOUSEHOLD, , ALL,ARE,RESIDING,AT:, OPP.,SERICULTURE,DEPARTMENT, CATTLE,MARKET,,RMC,YARD,POST, DAVANGERE,-,577,003., …APPELLANTS, (BY,SRI.,LOHITASWA,BANAKAR,,ADVOCATE), AND:( (

1., SMT.,K.,S.,SUMITRAMMA, W/O,SHIVAMURTHY, AGED,ABOUT,58,YEARS, OCC:,HOUSE,HOLD, R/AT,RADDERA,MALLAMMA,COMPOND, SHIRMAGONDANAHALLI,VILLAGE, DAVANGERE,TALUK-577,005., ,

2., SMT.,K.,S.,VANAJAKSHI,, W/O,B.,M.,SHEKARAIAH, AGED,ABOUT,54,YEARS, OCC:,HOUSE,HOLD, R/AT,NAGNUR,VILLAGE, SHAMANUR,POST, DAVANGERE,TALUK-577,004., ,

3., SRI,YOGESH,, S/O,KUDRAL,SANNABASAPPA, AGED,ABOUT,56,YEARS, OCC,AGRICULTURIST, R/AT,OLD,KADLEBALU, KADLEBALU,POST, NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( ( DAVANGERE,TALUK-577,589, ,

4., SRI,SURESH,, S/O,KUDRAL,SANNABASAPPA, AGED,ABOUT,55,YEARS, OCC,AGRICULTURIST, R/AT,OLD,KADLEBALU, KADLEBALU,POST, DAVANGERE,TALUK-577,589, ,

5., SRI,LINGARAJU,, S/O,KUDRAL,SANNABASAPPA, AGED,ABOUT,52,YEARS, OCC,AGRICULTURIST, R/AT,OLD,KADLEBALU, KADLEBALU,POST, DAVANGERE,TALUK-577,589, ,

6., SRI,SHIVAKUMAR,, S/O,KUDRAL,SANNABASAPPA, AGED,ABOUT,40,YEARS, OCC,AGRICULTURIST, R/AT,OLD,KADLEBALU, KADLEBALU,POST, DAVANGERE,TALUK-577,589, ,

7., SMT,SUJATHA,, W/O,B,S,DANAPPA, AGED,ABOUT,47,YEARS, OCC,HOUSEHOLD, R/AT,ATTIGERE,VILLAGE, DAVANGERE,TALUK-577,514, ,

8., SMT.,MANJULA,, W/O,S,MANJAPPA, AGED,ABOUT,45,YEARS, NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( ( OCC,HOUSEHOLD, R/AT,OPP,SERICULTURE,DEPARTMENT,, CATTLE,MARKET,,, RMC,YARD,POST,, DAVANGERE-577003, ,

9., SMT.,NANDYAMMA,, W/O,LINGARAJU, AGED,ABOUT,44,YEARS, OCC,HOUSEHOLD, R/AT,DOOR,NO.,348,,, LINGESHWARA,NILAYA, OPP,BDO,OFFICE,,ANEKONDA, DAVANGERE-577,001, ,

10., SRI,K,SHIVAKUMAR,, S/O,KALLAPPA, AGED,ABOUT,50,YEARS, OCC,AGRICULTURIST, R/AT,HIREEMMIGANUR,VILLGE, HIREEMMIGANUR,POST, DAVANGERE-577,523, ,

11., SRI,KIRAN,, S/O,K,SHIVAKUMAR, AGED,ABOUT,19,YEARS, OCC,STUDENT, MINOR, REPRESENTED,BY,GUARDIAN, NATURAL,FATHER,SRI,K,SHIVAKUMAR,I.E, DEFENDANT,NO.22, ,

12., KUM.,KEERTANA,, D/O,K,SHIVAKUMAR, AGED,ABOUT,15,YEARS, OCC,STUDENT, NC:(2026:KHC:21684-DB( RFA(No.(1617(of(2019( ( , ,,HC-KAR( ( ( MINOR, REPRESENTED,BY,GUARDIAN, NATURAL,FATHER,SRI,K,SHIVAKUMAR,I.E, DEFENDANT,NO.22, ,

13., SMT.,BASAMMA,, W/O,LATE,HANUMANTHAPPA, AGED,ABOUT,62,YEARS, OCC,HOUSE,HOLD, R/AT,OPP.,SERICULTURE,DEPARTMENT, CATTLE,MARKET,,RMC,YARD,POST, DAVANAGERE,577,003, …RESPONDENTS, (BY,SRI.,PRASANNA,B.R.,,ADV.,FOR,R1,AND,R2;, SRI.,P.,UDAY,SHANKAR,RAI,,ADV.,FOR,R3,-,R12;, SRI,CHIDAMBARA,G.S.,,ADV.,FOR,R13), , , THIS,RFA,IS,FILED,UNDER,SECTION,96,R/W,ORDER,XLI, RULE,1,OF,CPC,,1908,,AGAINST,THE,JUDGMENT,AND,DECREE, DATED,01.06.2018,PASSED,IN,OS,NO.164/2017,ON,THE,FILE, OF, THE, PRL., SENIOR, CIVIL, JUDGE,, DEVANGERE, DECREEING, THE,SUIT,FOR,PARTITION,AND,SEPARATE,POSSESSION., , , THIS, APPEAL,, COMING, ON, FOR, REPORTING, SETTLEMENT,,THIS,DAY,,JUDGMENT,WAS,DELIVERED,THEREIN, AS,UNDER:, , CORAM:, HON'BLE,MRS.,JUSTICE,ANU,SIVARAMAN, and,, HON'BLE,MS.,JUSTICE,TARA,VITASTA,GANJU, ,

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is preferred against the judgment and decree dated 01.06.2018 passed by Principal Senior Civil Judge at Davangere in O.S.No.164/2017.

¶2We have heard the learned counsel appearing on either side.

¶3It is submitted that the suit was one for partition and injunction and the parties have compromised the matter and a compromise petition is filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure.

¶4It is submitted that appellant No.2 is the Power of Attorney Holder of the other appellants. Respondents No.1, 2, 6 and 13 are present before this Court today and respondents No.3 to 5 and 7 to 12 are duly represented by the Power of Attorney Holder, who is respondent No.6.

¶5The Power of Attorney executed by the parties are also placed on record.

¶6The parties have entered into compromise as per the advice and intervention of elders, well wishers, friends and relatives of the parties of this proceedings have agreed and get settle the matter regarding the suit schedule properties and as per settlement the share allotted to the respective parties are as follows:-"1. Share allotted to the appellant No.1 S. Manjappa S/o Late Siddappa is as follows:-

A. Agricultural land bearing R.S.No.12/5, measuring 0 Acre, 02.1/4 Guntas and another agricultural land bearing R.S.No.12/6, measuring 0 Acre, 18 Guntas, both the properties are attached together and totally measuring 0 Acre, 20.1/4 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk and bounded West R.S.No.12/2 belongs to Hiremath, North:-Share allotted to Respondent No.3 to 12, South: R.S.No.12/6 share allotted Vinodhamma W/o Maheshwarappa, (which is mentioned as 'D' and 'E' portion) in the rough sketch annexed to this Compromise petition.

B. Agricultural land bearing R.S.No.294/9, measuring 0 Acre, 17 Guntas (including 1 Guntas Kharabh) situated at Avaragere Village, Kasaba Hobali, Davangere Taluk, and bounded by: East Halla, West: APMC Compound, North: R.S.No.294/8, South:-R.S.No.294/2.

¶2Share allotted to the appellant No.2 to 5 i.e., Shivakumar S/o Late Nagendrappa, Raja-shekhar S/o Late Nagendrappa, Ravikumar S/o Late Nagendrappa, Smt. Devamma W/o Late Nagendrappa. A. Agricultural land bearing R.S.No.12/9, measuring 0 Acre, 20.1/4 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk, bounded by: East: R.S.No.12/4, West:-R.S.No.12/2, belongs to Hiremath, North: Share allotted to Respondent No.13 Smt. Basamma W/o Late Hanumanthappa, South: Igoor Road, (which is mentioned as 'L' portion in the rough sketch enclosed herewith).

B. Agricultural land bearing R.S.No.294/5, measuring 17 Guntas (including 1 Guntas Kharabh) situated at Avaragere village, Kasaba Hobali, Davangere Taluk, which is bounded by: East Halla, West APMC Compound, North: R.S.No.294/1, South:-R.S.No.294/6.

¶3Share allotted to Appellant No.6 to i.e. Raghavendra S/o Late Shivappa (the father name is mentioned in the petition wrongly as Nagendrappa), Shivashankar S/o Late Shivappa (the name of appellant No.7 is mentioned wrongly as Shivakumar in the petition), Nagarathna D/o Late Shivappa, Prema W/o Late Shivappa.

A. Agricultural land bearing R.S.No.12/7, measuring 0 Acre,

10.3/4 Guntas and another land bearing R.S.No.12/8, measuring 0 Acre, 09.1/2 Guntas, totally

measuring 0 Acre, 20.1/4 Guntas, situated at: Basapura village, Kasaba Hobali, Davangere Taluk and bounded by :- East: 10' Road formed in Survey Number 12/5,6,7 and 8, West: R.S.No.12/2, belongs to Hiremath, North: Share allotted to Smt. Vinodha, South: Share allotted to Smt. Basamma W/o Late Hanumanthappa, (which is mentioned as H.I. Portion in the rough sketch annexed to the petition).

B. Agricultural land bearing R.S.No.294/7, measuring 0 Acre, 17 Guntas, including 01 Guntas Kharabh, situated at Avaragere Village, Kasaba Hobali, Davangere Taluk and bounded by:- East: Halla, West: APMC Road, North: R.S.No.294/6, South:R.S.No.294/8.

¶4Share allotted to the Appellant No.10 to 12: Anil Kumar S/o Late Maheshwarappa, Shashi Kumar S/o Late Maheshwarappa, Sunitha D/o Late Maheshwarappa.

A. Agricultural land bearing R.S.No.12/6, measuring 0 Acre, Guntas and another property bearing R.S.No.12/7, measuring 0 Acre, 13.1/2 Guntas, totally measuring 0 Acre, 13.1/4 Guntas, situated at Basapura Village, Kasaba Hobali, Davangere Taluk, bounded by :- East: 10' Road formed in R.S.No. 12,5,6,7 and 8, West :- R.S.No. 12/2 belongs to Hiremath. North: Share allotted to S. Manjappa S/o Late Siddappa, South:- Share allotted to the appellant No.6 to 9 (which is mentioned as FG portion in the rough sketch annexed).

B. Agricultural land bearing R.S.No.294/8, measuring 0 Acre, 17 Guntas (Including 1 Guntas Kharabh) situated at: Avaragere Village, Kasaba Hobali, Davangere Taluk, bounded by: East: Halla, West: APMC Compound, North: R.S.No.294/7, South:-R.S.No.294/9.

¶5Share allotted to the Respondent No.1 Smt. K.S. Sumithramma W/o H. Shivamurthy is as follows :- A. East:- Agricultural land bearing R.S.No.12/5, measuring 0 Acre, 10 Guntas, situated at:Basapura Village, Kasaba Hobali, Davangere Taluk and bounded R.S.No.12/2 belongs to Hiremath, North: R.S.No.12/5, South: Share allotted to Smt. Sujatha W/o Danappa and Others which is mentioned as B Block in the rough sketch enclosed along with this petition.

¶6Share allotted to the respondent No.2 Smt. K.S. Vanajakahi. K.S W/o Channaveeraiah. N.M (her husband name mentioned in the petition & judgment of trial court wrongly as B.M. Shekaraiah)

A. Agricultural land bearing R.S.No. 12/5 measuring 0 Acre. 10 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk, bounded by: East: Road, West: R.S.No. 12/2 belongs to Hiremath, North: Road, South: R.S.No. 12/5 (which mentioned as A Block, in the sketch enclosed along with this petition).

¶7Share allotted to the respondent No.3 to 12 i.e., Yogish S/o Kudrol Sannabasappa Sankamma, Suresh S/o Kudrol Sannabasappa, Lingaraj Kudrol Sannabasappa, Shiva Kumar Kudrol Sannabasappa, Sujatha W/o B.S. Danappa, Manjula W/o S. Manjappa, Nandyamma W/o Ningaraju, K.Shiva kumar S/o Kallappa, Kirana S/o K.Shivakumar Keerthana D/o K. Shivakumar, (Respondent No.3 to 12)

A. Agricultural land bearing R.S.No. 12/5, measuring 0 Acre, 04 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk and bounded by: East: 10' Road and Sy.No. 12/4,5,6,7 and 8, West: Survey Number 12/2 belongs to Hiremath. North: R.S.No. 12/5, South: R.S.No. 12/5, which is mentioned as Block No. C in the rough sketch annexed.

¶8Share allotted to the respondent No. 13, Smt. Basamma W/o Late Hanumanthappa,

A. Agricultural land bearing R.S.No. 12/8, measuring 0 Acre, 13.1/4 Guntas and another property agricultural land bearing R.S.No. 12/9, measuring 0 Acre, 06.3/4 Guntas, both the properties attached together and totally measuring 0 Acre, 20 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk, bounded by: East: Road, West:-R.S.No. 12/2 belongs to Hiremath, North: R.S.No.12/8, South: R.S.No. 12/9 which is mentioned as Block No. J and K' in the rough sketch annexed.

B. Agricultural land bearing R.S.No.294/6, measuring o Acre, 17 Guntas, included 01 Guntas Kharab, situated at: Avaragere Village, Kasaba Hobali, Davangere Taluk, which is bounded by: East: Halla, West:- APMC Compound, North: R.S.No.294/5, South: R.S.No.294/7.

¶9Share allotted to Appellant No.1 to 12 and the respondent No.13 jointly i.e., (1) S. Manjappa S/o Late Siddappa,

(2) Shivakumar S/o Late Nagendrapра,

(3) Rajashekhar Late S/o Nagendrappa,

(4) Ravikumar S/o Late Nagendrappa

(5) Smt. Devamma W/o Late Nagendrappa.

(6) Raghavendra S/o Late Shivappa. (7) Shiva shankar S/o Late Shivappa,

(8) Nagarathna D/o Late Shivappa, (9) Smt. Prema W/o Late Shivappa. (10) Anil Kumar S/o Late Maheshwarappa, (11) Shashikumar S/o Late Maheshwarappa.

(12) Sunitha D/o Late Maheshwarappa.(13) Smt. Basamma W/o Late Hanumanthappa.

Agricultural land bearing R.S.No.294/1, measuring 0 Acre, 18 Guntas, consisting of 5 Red Tiled Houses, situated at: Avaragere village, Kasaba Hobali, Davangere Taluk, and bounded by: East: Halla, West: APMC Compound, North: Halla South:-R.S.No. 294/5.

The road which is shown in rough sketch measuring 10' left in R.S.No. 12/5, 12/6, 12/7, 12/8. Totally measuring

11 Guntas and bounded by: East: R.S.No.12/3 and 12/10, West: Block No. A to Z, North: Road, South: Canal Road.

Rough Sketch in respect of Sy No.12 produced along with this compromise petition is part and parcel of the Compromise petition and the said road is only for the use of all the parties to the proceedings. As per sketch attached the possession of the respective parts are handed over to the parties and parties are put in exclusive possession of their respective shares. The appellants and Respondent No.13 undertakes to get the revenue records transferred as per the compromise deed. In respect to Sy No.294 registered partition deed dt: 28.07.2012 holds good/intact and parties to said partition deed are already in exclusive possession of their share and the same properties are allotted to them in this compromise petition"

¶7A rough sketch showing the list of properties and the allotments as well as the access roads passing through the properties are produced along with the compromise petition.

¶8In the above view of the matter, this appeal is disposed of in terms of the compromise petition entered into between the parties. The rough sketch shall also form part of the decree.

¶9The Registry shall draw up the final decree in terms of the compromise entered into between the parties as well as the rough sketch. All pending interlocutory applications shall stand disposed of.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

RAK List No.: 1 Sl No.: 34