Sri T M Venkataramaiah v. Smt. Shankaramma

JUDGEMENT & DECREE DTD

1.3.13 PASSED IN R.A.NO.176/2010 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 17.4.10 PASSED IN OS.NO.31/2006 ON THE FILE OF SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

The Appellant and the respondent are present before the Court, and they are identified by their respective counsel.

¶2The appellant and the respondent have filed a compromise petition under Order 23 Rule 3 of CPC, which reads as follows:

The Appellant and Respondent above named submit as follows:-

¶1In the top noted Appeal, the Appellant has Challenged Judgment and Decree dated 01/03/2013, passed by the learned Principal District judge, Chikmagalur, in R.A. No. 176/2010 confirming the Judgment and Decree dated 17/04/2010, passed by the Senior Civil Judge, Tarikere in O.S. No. 31/2006, wherein the suit filed by the Plaintiff came to be decreed by ½ share in the suit schedule properties.

¶2Due to the intervention of well-wishers and Friends the Appellant and Respondent-2 have amicably settled their disputes as under.

¶3The Appellant Sri. T.M. Venkataramaiah S/o Late Mudalagiriyappa is declared as absolute owner of the following properties.

(1) (Schedule-1) Property bearing Sy. No. 49/P, measuring 26 guntas assessed at Rs. 23.71, areca garden, situated at Tarikere Village, Kasaba Hobli, Tq. Tarikere, Dist: Chikmagaluru, bounded as under

East : Areca garden of Saganappa, West : : Halla, North : Oni, South : Sy.No.48/2 and Sy. No. 48/1 ] (allotted to Smt. T.M. Sarojmma)

(ii) (Schedule-4) House property bearing Sl. No. 541, Assessment No. 530, measuring 25 feet X 114 feet, situated at Tarikere Town, Durgada Beedi bounded

East : House of Gurish, West : House of Eshwara, North : Road, South : Site of Krishnamurthy.

(iii) (Portion of Schedule-5) property bearing Sl. No. 899, measuring 15 feet X 40 feet consisting with Floor Mill,

Ragi Clean Machine and Areca cutting Machine situated at Bapuji colony, Tarikere Town, bounded

East : House of Laxman, West : House of Rangappa, North : Municipal Road, South : Site of Gangamma.

¶4The second Respondent by name Smt. T.M. Sarojamma W/o Ramaswamy (D/o Late Mudalagiriyappa) is declared as absolute owner of the following Properties.

(i) (Schedule -2) Property bearing Sy. No. 48/2, measuring

00.19 guntas assessed at Rs. 16.42, areca garden, situated at Tarikere Village, Kasaba Hobli, Tq. Tarikere, Dist: Chikmagaluru, bounded as under

(ii) (Schedule, -3) Property bearing Sy. No. 48/1, measuring 00.04 guntas assessed at Rs. 10.03, areca garden, situated at Tarikere Village, Kasaba Hobli, Tq. Tarikere, Dist: Chikmagaluru,

Sy. No. 48/1 and Sy. No. 48/2 are adjacent to each other and measuring in all 00.23 guntas bounded as under

East : Areca garden of Saganappa, West : Halla, North : Sy. No. 49/P (fell to the share of T. M. Venkataramaiah) South : Vacant sites of Saganappa.

(iii) (Portion of Schedule-5) property bearing Sl. No. 899, measuring 15 feet X 30 feet situated at Bapuji colony, Tarikere Town, bounded.

East : House of Laxman, West : House of Rangappa, North : Municipal Road, South : Site of Gangamma.

¶5The Appellant has agreed to hand over the possession of the properties allotted in favour of Smt. T.M. Sarojamma, without any hindrance, on or before 15-08-2026.

Hence, both parties humbly prays that this Hon'ble Court be pleased to dispose of the top noted Appeal, in terms of the compromise Petition and return the Court Fees to the Appellant/s as per law, in the interest of justice and equity.

¶3The contents of the compromise petition are read over, and explained to the parties in Kannada language known to them. They have accepted the terms and conditions of compromise petition, and accordingly, prayed to dispose of the instant appeal in terms of the compromise petition.

¶4The compromise petition is taken on record.

¶5Perused the compromise petition and I am satisfied that the terms and conditions of the compromise petition are lawful.

¶6In the circumstances, I do not find any legal impediment to accept the compromise arrived at between the parties, and to dispose of this appeal in terms of compromise petition.

¶7Accordingly, I proceed to pass the following: ORDER

(i) This Regular Second Appeal is disposed of in terms of compromise petition.

(ii) The Office is directed to draw up the final decree in terms of compromise petition.

(iii) In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of.

Sd/- (ASHOK S.KINAGI) JUDGE SSB

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1346 OF 2013 (PAR) BETWEEN: SRI T M VENKATARAMAIAH S/O.LATE MUDALAGIRIYAPPA, AGED ABOUT 67 YEARS, AGRICULTURIST & BUSINESSMAN, R/O.DURGA STREET, TARIKERE TOWN, TARIKERE TALUK – 577 228 CHIKMAGALUR DISTRICT. …APPELLANT (BY SRI. J N NAVEEN, ADVOCATE) AND: SMT. SHANKARAMMA W/O. LATE MUDALAGIRIYAPPA, SINCE DEAD BY HER L.R. SMT. T.M.SAROJAMMA, W/O. RAMASWAMY, AGED ABOUT 49 YEARS, R/O.M.G. ROAD, TARIKERE TOWN - 577228, NEAR K.E.B., TARIKERE TALUK, CHIKMAGALUR DISTRICT. …RESPONDENT (BY SRI. CHANDRASHEKAR P PATIL., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE