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2022 Supreme(Online)(Kar) 61519
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RFA No. 2174 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 2174 OF 2018 (PAR)
BETWEEN :
1.
1(A).
1(B).
SRI. B.N. LAKSHMAIAH
S/O LATE B. NARAYANAPPA
SINCE DECEASED BY HIS L.RS
SRI. MANJUNATH B.L
S/O LATE B.N. LAKSHMAIAH
AGED ABOUT 46 YEARS
SRI. SUDHESH B.L
S/O LATE B.N. LAKSHMAIAH
AGED ABOUT 44 YEARS
BOTH ARE RESIDENTS OF
BEGUR VILLAGE, B.K. HALLI POST
JALA HOBLI, YELAHANKA
BENGALURU NORTH-560 064. &APPELLANTS
(BY SHRI. AMIT DESHPANDE, ADVOCATE FOR
APPELLANT 1[A] & [B])
AND :
1.
1(A)
SMT. AKKAYAMMA
W/O. SHAMASHASTRY
SINCE DECEASED BY HIS L.RS
SMT. JAYAMMA
D/O LATE SHAMASHASTRY & AKKAYAMMA
W/O LATE SHANKARAPPA
Digitally signed by S P
SUDHA
Location: HIGH
COURT OF
KARNATAKA
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RFA No. 2174 of 2018
1(B).
AGED ABOUT 72 YEARS
R/O MADANAHALLI VILLAGE
VELAGALABURRE POST
SAGATUR HOBLI, KOLAR DISTRICT
REPRESENTED BY HER G.P.A. HOLDER
SRI. M.S. VENKATESH SHASTRY
S/O LATE SHAMASHASTRY & AKKAYAMMA
RESPONDENT NO.1(A) HEREIN
SRI. M.S. VENKATESH SHASTRY
S/O LATE SHAMASHASTRY & AKKAYAMMA
AGED ABPOUT 69 YEARS
R/AT NO.4/296, NARASIMHAPET
CHINTAMANI POST-563 125
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
2.
SMT. SHARADAMMA
W/O LATE NARAYANA RAO
AGED ABOUT 85 YEARS
R/AT BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
3.
SMT. SAVITHAMMA @ SAVITHRAMMA
W/O LATE LAKSHMI NARASIMHA SHASTRY
AGED ABOUT 80 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
4.
SMT. SEETHAMMA
W/O LATE B.V. KRISHNAMURTHY
AGED ABOUT 69 YEARS,
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
5.
SRI. R. ASHWATHANAARAYANA
S/O LATE B.B. RAMASHASTRY
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RFA No. 2174 of 2018
AGED ABOUT 69 YEARS
YELAHANKA, BENGALURU
6.
SMT. SEETHAMMA
D/O LATE B.R. SEENAPPA
W/O JAYARAM
AGED ABOUT 40 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
7.
7(A).
7(B).
7(C).
7(D).
SRI. B.R. SEENAPPA
SINCE DEAD BY HIS LR.S
SMT. MANJAMMA @ B.S. MANJULA
D/O LATE B.R. SEENAPPA
AGED ABOUT 38 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
SRI. MAHESH
S/O LATE B.R. SEENAPPA
AGED ABOUT 36 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
SRI. SOMASHEKHAR
S/O LATE B.R. SEENAPPA
AGED ABOUT 33 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
SMT. NARAYANAMMA
D/O LATE B.R. SEENAPPA
AGED ABOUT 31 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
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RFA No. 2174 of 2018
7(E).
YELAHANKA
BENGALURU NORTH-560 064
SMT. BYAMMA
W/O LATE B.R. SEENAPPA
AGED ABOUT 65 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
8.
SRI. B.R. SATYANARAYANAPPA
S/O. LATE RANGAPPA
AGED ABOUT 65 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
9.
SMT. NARAYANAMMA
W/O. LATE NAGAPPA
AGED ABOUT 59 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
10.
SMT. BHARATHAMMA
W/O B.R. JAYARAM
AGED ABOUT 50 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
11.
SRI. B.S. PILLAPPA
S/O B.R. SATHYANARAYANAPPA
AGED ABOUT 45 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
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RFA No. 2174 of 2018
12.
SMT. MANJULA B.S
D/O B.R. SATHYANARAYANAPPA
AGED ABOUT 39 YEARS
R/O KATTIGENAHALLI
NEAR GOVT. SCHOOL, YELAHANKA
BENGALURU NORTH-560 064
13.
SMT. LAKSHMI
D/O B.R. SATHYANARAYANAPPA
AGED ABOUT 38 YEARS
R/O BEGUR VILLAGE
B.K.HALLI POST, JALA HOBLI
YELAHANKA
BENGALURU NORTH-560 064
14.
SMT. GOPAMMA
D/O LATE B.R. NAGAPPA
W/O NARAYANASWAMY
AGED ABOUT 45 YEARS
R/O KUMBARA STREET
DEVANAHALLI TOWN
BENGALURU RURAL-562 110
15.
SRI. ANANDA B.N
S/O LATE B.R. NAGAPPA
AGED ABOUT 43 YEARS
R/O B.K.HALLI, BEGUR POST
BENGALURU NORTH-562 149
16.
SMT. SHILPA
D/O LATE B.R. NAGAPPA
W/O CHIKKAPPAIAH
AGED ABOUT 33 YEARS
R/O SHIVANAPURA, HOSKOTE
BENGALURU RURAL-562 122
17.
SRI. MUNIRAJU B.N
S/O LATE B.R. NAGAPPA
AGED ABOUT 39 YEARS
R/O BANDIKODIGEHALLI,
BEGUR POST, BENGALURU NORTH
BENGALURU RURAL-562 149
18.
SRI. RAJ KISHOR B.J
S/O LATE B.R. JAYARAM
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RFA No. 2174 of 2018
AGED ABOUT 29 YEARS
R/O BANDIKODIGEHALLI
BEGUR POST, BENGALURU NORTH
BENGALURU RURAL-562 149
19.
SRI. RAMYA B.J
D/O LATE B.R. JAYARAM
C/O NAVEEN KUMAR V
AGED ABOUT 25 YEARS
R/AT NO.159C, PARVATHAPURA STREET
NEAR MILK DIARY, DEVANHALLI TOWN
BENGALURU RURAL-562 110
20.
SMT. NAGARATHNAMMA
D/O LATE RANGAPPA
W/O GANGADHARAPPA
AGED ABOUT 27 YEARS
R/O B.K. HALLI POST
JALA HOBLI, BENGALURU NORTH TALUK
BENGALURU-562 149 &RESPONDENTS
(BY SHRI. K. VARAPRASAD, ADVOCATE FOR R1 [A] & [B]
AND R2 TO R4;
SHRI. E. VENKATARAMI REDDY, ADVOCATE FOR R6, R7[A-C] &
R8 TO R10 AND R11 AND R20;
R5 IS SERVED BUT UNREPRESENTED)
. . . .
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
WITH SEC.151 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 05.11.2018 PASSED IN O.S.NO.288/2008 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DECREEING
THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS
RFA
COMING
ON
FOR
ADMISSION,
THIS
DAY,
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
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RFA No. 2174 of 2018
Heard
Shri.
Amit
Anand
Deshpande,
learned
Advocate
for
the
appellants
1(a)
&
(b),
Shri. K. Varaprasad, learned Advocate for respondents
No.1(a) & (b) and 2 to 4 and Shri. E. Venkatarami Reddy,
learned Advocate for respondents No.6, 7(a-c), 8 to 10
and 11 to 20.
Respondents No.1 to 4 filed O.S. No.288/2008
on the file of Senior Civil Judge and JMFC, Devanahalli for
partition and separate possession. Suit has been decreed
by judgment and decree dated 05.11.2018. Defendant
No.7,
Shri.
B.N.Lakshmaiah
has
filed
this
appeal
contending inter alia that he had purchased the land from
one Shri. Rangappa.
Learned Advocates on both sides jointly submit
that the said Shri.Rangappa had purchased the property
from one Shri. B. Ramashastry, in whose name the
occupancy rights in respect of the suit property were
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granted under the Mysore (Personal and Miscellaneous)
Inams
Abolition
Act,
1954.
Therefore,
Shri. B. Ramashastry's children had no title inasmuch as
the property was sold to Shri. Rangappa. During the
pendency of this appeal parties have resolved the dispute
amicably by impleading all the heirs of Rangappa.
In substance, the contention of the learned
Advocates on both sides is, the sale of suit schedule
property
in
favour
of
defendant
No.7,
Shri.
B.N.Lakshmaiah by Rangappa shall be confirmed by
the heirs of Shri. B. Ramashastry and Shri. Rangappa.
The
General
Power
of
Attorney
dated
05.07.2022 executed by Smt. Jayamma W/o. Late
Shankarappa in favour of Shri. M.S.Venkatesha Shastri,
S/o. Late Shama Shastri has been filed and the same be
kept in record.
Both learned advocates submit that the suit is
one for partition and parties have agreed on the terms
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mentioned in the memorandum of compromise. The
compromise petition under Order XXIII Rule 3 of CPC is
duly signed by the appellants, respondents and their
respective advocates. They pray that this appeal may be
disposed of in terms of settlement recorded in the
compromise petition.
7. The terms of compromise read as follows:
"The Appellants and the Respondents in the above Appeal
respectfully submit :
1. That, the agricultural land measuring 5-00 acres including 04
guntas karab, comprised in Sy.No.103 of Begur Village, Jala Hobli,
Bengaluru
North
Taluk,
was
originally
granted to Sri B. Ramashastry S/o Sheshappa, as per the
grant order bearing No.M.I.H.70/59-60 dated 06-09-1976 passed
by the Special Deputy Commissioner for Abolition of Inams,
Bengaluru, and accordingly, the Katha and other revenue records
including the Records of Rights were made over in the name of Sri
B. Ramashastry. This land is more fully described in schedule
hereunder and hereinafter referred to as <Schedule-A= Property.
It is submitted that Sri B. Ramashastry and his son Sri
Ashwatha Narayana sold the land measuring 5-00 acres including
04 guntas karab, to one Sri Rangappa @ Doddarangappa S/o
Pillappa as per the registered Sale Deed dated 02-08-1995 bearing
document No.3536/1995-96 of Book-1, Vol.No.790, Pages 124-127,
registered in the office of the Sub-Registrar, Yelahanka, Bengaluru.
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Accordingly, the katha and other revenue records were transferred
into the name of Sri Rangappa.
2. It is submitted that Sri Rangappa @ Doddarangappa S/o late
Pillappa and his family members, sold an extent of 1-00 acre out
of 5-00 acres in Sy.No.103 of Begur Village, in favour of one Sri
B.N. Lakshmaiah S/o late B. Narayanappa, as per the registered
Sale Deed dated 19-09-2005 vide Document No.YAN-1-06587-
2005-06 of Book-1, stored in C.D.No.YAND147 dated 23-09-2005,
registered in the office of the Senior Sub-Registrar, Yelahanka,
Bengaluru. Accordingly, the Katha was made over in the name of
Sri B.N. Lakshmaiah. Thereafter phodi was carried out and the land
retained
by
Sri
Rangappa
@
Doddarangappa
was
given
Sy.No.103/1 and the land sold to Sri B.N. Lakshmaiah was given
new Sy.No.103/2. At the time of phodi,an extent
