1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF AUGUST, 2021

PRESENT

THE HON9BLE MRS. JUSTICE S. SUJATHA

AND

THE HON9BLE MR. JUSTICE RAVI V. HOSMANI

R.F.A.No.1134 /2018 (PAR)

BETWEEN:

SRI. KESHAVA NAYAK,

S/O. KAAVERI @ GANGAMMA,

AGED ABOUT 80 YEARS,

R/AT HANCHINA MANE,

KAUNTINI, AJEKAR POST,

KARKALA TALUK,

UDUPI DISTRICT-574 101.

...APPELLANT

[BY SRI. PRASANNA V.R., ADVOCATE (PHYSICAL HEARING)]

AND:

1.

SMT. SHESHI NAYAK,

D/O. LATE KAVERI @ GANGAMMA,

AGED ABOUT 81 YEARS,

R/AT KALA DARKASU,

KADU HOLE, MUNIYAL POST,

KARKALA TALUK,

UDUPI DISTRICT-574 108,

2.

SRI. S. NARAYANA S. NAYAK,

S/O. LATE KAVERI @ GANGAMMA,

AGED ABOUT 75 YEARS,

R/AT EDAN GARDEN, 2ND FLOOR,

204, FLAT NO.A, MUSOOLI,

THANE DISTRICT, THANE ROAD,

MAHARASTRA.

2

3.

SRI. JANARDHANA NAYAK,

S/O. LATE KAVERI @ GANGAMMA,

AGED ABOUT 71 YEARS,

R/AT MANJUNATHA NIVASA,

NEAR BONDU KUMARI SCHOOL,

AJEKAR POST, KARKALA TALUK,

UDUPI DISTRICT.

4.

SRI ASHWATHA NARAYANA NAYAK,

S/O. LATE KAVERI @ GANGAMMA,

AGED ABOUT 66 YEARS,

R/ AT SHANKARA NILAYA,

58, BUS-STOP, MYSORE ROAD,

BENGALURU-560 002.

SINCE DEAD BY HIS LRS.,

4(A). MR. YOGESH ASHWATH NAYAK,

S/O. LATE ASHWATHA NARAYANA NAYAK,

AGED ABOUT 31 YEARS,

R/AT SHANKARA NILAYA,

58, BUS-STOP, MYSORE ROAD,

BENGALURU- 560 002.

4(B). MR. MAHESH ASHWATH NAYAK,

S/O. LATE AHSHWATHA NARAYANA NAYAK,

AGED ABOUT 30 YEARS,

R/AT #17B, 8^TH D CROSS,

6^TH MAIN, NEAR HMR SCHOOL,

JNANABHARATHI, BANGALORE-560 056.

4(C). SMT. ASHA NAIK,

D/O. LATE ASHWATHA NARAYANA NAYAK,

AGED ABOUT 38 YEARS,

R/AT # 2110, WEST MONETECRISTO,

AVENUE PHOENIX, ARIZONA - 85023.

REP. BY HER GENERAL POWER OF ATTORNEY HOLDER

VIZ., MR. MAHESH ASHWATH NAYAK

RESPONDENT NO.5(B) BY VIRTUE OF GPA

DATED 14-06-2021.

3

(AMENDED VIDE ORDER OF THE HON'BLE COURT DATED

22.07.2021)

5.

SMT. SHARADA NAYAK,

D/O. LATE KAVERI @ GANGAMMA,

W/O. SANJEEVA NAYAK,

AGED ABOUT 77 YEARS,

R/AT NADU BENGUR,

MUDAR POST, KARKALA TALUK,

UDUPI DISTRICT.

...RESPONDENTS

[BY SRI CHANDRANATH ARIGA, ADVOCATE FOR R2, R3

AND ALSO FOR LRS OF DECEASED R4(PHYSICAL HEARING)]

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST

THE ORDER DATED 28.03.2018 PASSED IN FDP NO.13/2011 ON

THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA,

DISPOSING THE PETITION FILED UNDER ORDER XX RULE 18

AND SECTION 54 AND 151 OF CPC., PRAYING TO PASS A FINAL

DECREE FOR PARTITION.

THIS

RFA

COMING

ON

FOR

ORDERS

THIS

DAY,

S.SUJATHA J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is directed against the judgment and decree

dated 28.03.2017 passed in FDP No.13/2011 in (O.S.17/2010)

on the file of Senior Civil Judge and ACJM., Karkala. The matter

was referred to Mediation Center, Karkala. In terms of the order

of

this

Court

dated

27/5/2021,

mediation

report

dated

4

02/08/2021 is placed before this Court along with memorandum

of settlement in terms of Karnataka Civil Procedure (Mediation)

Rules 24 and 25 read with section 89 of CPC. This Memorandum

of Settlement and the annexed sketches are signed by the

appellant as well as respondent No.1, 3, 4(a), 4(b) and 5.

Respondent No.2 is represented by GPA Holder Devendra Nayak

and he has subscribed his signature. Respondent no.4(c) - Smt.

Asha Naik is represented by her Power of Attorney Holder,

Sri.Mahesh Ashwath Nayak and the Memorandum of Settlement

is signed by the said Power of Attorney Holder.

2.

The parties are present before the Court through V.C

(Virtual

Court)

from

the

Chambers

of

learned

counsel

Sri.M.K.Vijayakumar, Karkala.

3.

Learned

counsel

Sri.

Murlidhar

Bhat,

Karkala

identified the appellant who appeared through V.C from the

Chambers of learned counsel Sri. M.K.Vijayakumar at Karkala.

The learned counsel Sri. Prasanna V.R., appearing for the

appellant before this Court also identified the said appellant.

Learned counsel representing the respondents before this