Karnataka High Court
Sri Govindarajaiah vs Sri Ashwathanarayanappa on 22 July, 2025
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RSA No. 787 of 2013
C/W RSA No. 786 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 787 OF 2013 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 786 OF 2013
IN RSA No. 787/2013
BETWEEN:
1. SRI GOVINDARAJAIAH
AGED ABOUT 66 YEARS
S/O LATE HANUMANTHAPPA
2. SRI NARESH G.,
AGED ABOUT 41 YEARS
S/O SRI GOVINDARAJAIAH
Digitally
signed by A1 AND A2 ARE RESIDING AT
SUNITHA K S JARABANDAHALLI
Location: MANCHENAHALLI HOBLI
HIGH COURT GOWRIBIDANUR TALUK
OF CHIKKABALLAPUR DISTRICT
KARNATAKA
3. SMT PADMAJA
AGED ABOUT 36 YEARS
W/O M.A.SATHYANARAYANA
RESIDING AT MANCHENAHALLI HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT
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RSA No. 787 of 2013
C/W RSA No. 786 of 2013
HC-KAR
4. SMT SHAMALA
AGED ABOUT 34 YEARS
W/O SRI A.RAJA
R/AT BELAGUMBA VILLAGE
KORATAGERE TALUK
TUMKUR DISTRICT.
...APPELLANTS
(BY SRI. G.S.BALAGANGADHAR, ADVOCATE)
AND:
1. SRI ASHWATHANARAYANAPPA
S/O LATE VENKATAPPA
SINCE DECEASED, REPRESENTED BY
HER LEGAL REPRESENTATIVES
1(a) SMT. M.O.DEVIRAMMA,
W/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 65 YEARS,
JARABANDAHALLI,
MANCHENAHALLI HOBLI,
GOWRIBIDANUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
1(b) SRI UMA SHANKAR
S/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 36 YEARS,
JARABANDAHALLI,
MANCHENAHALLI HOBLI,
GOWRIBIDANUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
1(c) SMT. CHAYA
W/O RAMAKRISHNA,
D/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 40 YEARS,
MANDICAL, MANDICAL HOBLI,
CHIKKABALLAPUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
...RESPONDENTS
(BY SRI. M.N.MADHUSUDHAN, ADVOCATE FOR R1(a-c))
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RSA No. 787 of 2013
C/W RSA No. 786 of 2013
HC-KAR
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 12.3.2013 PASSED IN
R.A.NO.187/2006 ON THE FILE OF SENIOR CIVIL JUDGE & CJM,
CHICKBALLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGEMENT AND DECREE DATED 19.8.2006 PASSED IN
OS.NO.445/1996 ON THE FILE OF PRINCIPAL CIVIL JUDGE
(JR.DN.) & J.M.F.C., GAURIBIDANUR.
IN RSA No. 786/2013
BETWEEN:
1. SRI GOVINDARAJAIAH
AGED ABOUT 66 YEARS
S/O LATE HANUMANTHAPPA
2. SRI NARESH G.,
AGED ABOUT 41 YEARS
S/O SRI GOVINDARAJAIAH
A1 AND A2 ARE RESIDING AT
JARABANDAHALLI
MANCHENAHALLI HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT
3. SMT PADMAJA
AGED ABOUT 36 YEARS
W/O M.A.SATHYANARAYANA
RESIDING AT MANCHENAHALLI HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT
4. SMT SHAMALA
AGED ABOUT 34 YEARS
W/O SRI A.RAJA
R/AT BELAGUMBA VILLAGE
KORATAGERE TALUK
TUMKUR DISTRICT.
...APPELLANTS
(BY SRI. G.S.BALAGANGADHAR, ADVOCATE)
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RSA No. 787 of 2013
C/W RSA No. 786 of 2013
HC-KAR
AND:
1. SRI ASHWATHANARAYANAPPA
S/O LATE VENKATAPPA
SINCE DECEASED, REPRESENTED BY
HER LEGAL REPRESENTATIVES
1(a) SMT. M.O.DEVIRAMMA,
W/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 65 YEARS,
JARABANDAHALLI,
MANCHENAHALLI HOBLI,
GOWRIBIDANUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
1(b) SRI UMA SHANKAR
S/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 36 YEARS,
JARABANDAHALLI,
MANCHENAHALLI HOBLI,
GOWRIBIDANUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
1(c) SMT. CHAYA
W/O RAMAKRISHNA,
D/O LATE ASHWATHANARAYANAPPA,
AGED ABOUT 40 YEARS,
MANDICAL, MANDICAL HOBLI,
CHIKKABALLAPUR TALUK-562101
CHIKKABALLAPUR DISTRICT.
...RESPONDENTS
(BY SRI. M.N.MADHUSUDHAN, ADVOCATE FOR R1(a-c))
THIS RSA IS FILED U/SEC.100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 12.03.2013 PASSED IN
R.A.NO.186/2006 ON THE FILE OF SENIOR CIVIL JUDGE
AND CJM, CHIKKABALLAPUR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
19.08.2006 PASSED IN O.S.NO.09/1996 ON THE FILE OF
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RSA No. 787 of 2013
C/W RSA No. 786 of 2013
HC-KAR
PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC,
GAURIBIDANUR.
THESE APPEALS ARE COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The appellants and respondents are physically present before the Court, and they are identified by their respective counsels.
2. The parties to the appeals have filed a compromise petition, which reads as follows:
"1. RSA No.786/2013 is filed by the Appellants against the Judgement passed in R.A.No.186/2006 dated 12.03.2013 wherein the Judgement passed by the learned Principal Civil Judge (Jr.Dn.) Gowribidanur in O.S.No.9/96 dated 19.08.2006 is set aside.
O.S.No.9/96 is filed by Sri Ashwathanarayanappa deceased Respondent now represented by his LR's/Respondents above named against the original defendant Sri Chikka Avalappa (present Appellants are -6- NC: 2025:KHC:27751 RSA No. 787 of 2013 C/W RSA No. 786 of 2013 HC-KAR original LR's of Chikka Avalappa) for relief of partition and separate possession before the Learned Principal Civil Judge (Junior Division) & JMFC Gowribidanur.
2. RSA No. 787/2013 is filed by the Appellants against the Judgement passed in R.A.No. 187/2006 dated 12.03.2013 wherein the judgement passed by the learned Principal Civil Judge (Jr.Dn.) & JMFC, Gowribidanur in O.S.No.445/96 dated 19.08.2006 is set aside. O.S.No.445/96 is filed by late Chikka Avalappa (represented by his LR's present Appellants) for the relief of declaration of ownership holding that Adoption Deed is null and void and for permanent injunction.
3. Both the suits in O.S.No.9/96 and O.S.No.445/96 are clubbed and common evidence is recorded and common Judgement is passed by the Trial Court.
4. The learned Principal Civil Judge (Junior Division) & JMFC Gowribidanur, was pleased to decree the suit in O.S.No.445/96 holding that late Chikka Avalappa -7- NC: 2025:KHC:27751 RSA No. 787 of 2013 C/W RSA No. 786 of 2013 HC-KAR (represented by his LRS the present Appellants) are owners of the suit schedule properties and granted permanent injunction.
5. The learned Principal Civil Judge (Junior Division) & JMFC Gowribidanur, dismissed the suit in O.S.No.9/96 of Respondent late Ashwathanarayanappa (represented by his LR's present Respondents above) for the relief of partition and separate possession.
6. The appeals filed by Respondents in R.A.No.186/2006 and R.A.No.187/2006 were allowed by the learned First Appellate Judge i.e. learned Senior Civil Judge and CJM, Chikkaballapur vide common Judgment dated 12.03.2013.
7. Aggrieved by the same RSA No.786/2013 is filed against Judgement passed in R.A.No. 186/2006 dated 12.03.2013 and RSA No.787/2013 is filed against the Judgement passed in R.A.No. 187/2016 dated 12.03.2013.
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8. That the parties above named have settled their indifferences amicably and have compromised the above matter. Both the parties have decided to lead happy and peaceful life from here afterwards. The Respondents i.e. Legal Representatives of late Ashwathanarayanappa hereby admit that the Appellants Sri Govindarajaiah, Sri Naresh, Smt Padmaja and Smt Shyamala are the absolute owners in possession and enjoyment of all the suit schedule properties and the Respondents have no manner of right or title over those properties and Respondents have no objection for Appellants uninterrupted and peaceful possession and enjoyment of the suit schedule properties without any let or hindrance by the Respondents or their family members or their legal Representatives or anybody claiming under them.
9. The Appellants herewith undertake to pay Rs.70,00,000/- (Rupees Seventy lakhs only) to the Respondents namely, 1(a) Smt. M.O.Deviramma, W/o Late Ashwathanarayanappa, 1(b)Sri. Uma Shankar S/o. Late Ashwathanarayanappa and 1(c) -9- NC: 2025:KHC:27751 RSA No. 787 of 2013 C/W RSA No. 786 of 2013 HC-KAR Smt. Chaya W/o. Ramakrishna D/o Late Ashwathanarayanappa and Respondents as mentioned above agree to receive the same and hereby relinquish all their rights, claims, etc. over the suit schedule properties from here afterwards.
10. In view of the settlement the Appellants today herewith pay Rs.5,00,000/- (Rupees Five Lakhs only) by way of Demand Draft bearing no. 869376 dated: 21.07.2025 drawn on Karnataka Gramin Bank, Manchenahalli, in favor of Respondent No.1(b) Sri. Uma Shankar, S/o. Late Ashwathanarayanappa and another Rs. 5,00,000/- (Rupees Five Lakhs only) by way of Demand Draft bearing no. 869377 dated:
21.07.2025 drawn on Karnataka Gramin Bank, Manchenahalli, in favor of Respondent No.1(b) Sri. Uma Shankar, S/o. Late Ashwathanarayanappa and the respondents acknowledge the receipt of the same and other respondents have no objections for the same.
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11. The Appellants undertake to pay remaining amount of Rs.60,00,000/- (Rupees Sixty lakhs only) within 4 weeks from today in favour of Respondent No.1(b) Sri. Uma Shankar, S/o. Late Ashwathanarayanappa and other Respondents have no objection for the same and thus all the Respondents acknowledge the receipt of the said amount.
12. In view of the same the Respondents or their Legal Representatives or anybody claiming under them have no manner of right or title or possession over the suit schedule properties in both the appeals and the Respondents hereby admit that the Appellants are the absolute owners in possession and enjoyment of the suit schedule properties as mentioned in the both the appeals and from hereafterwards Appellants can enjoy those properties according to their will and wish without any let or hindrance by Respondents or anybody claiming under the Respondents.
13. The parties agree to bear their respective costs.
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14. The said compromise is on their own will and volition and there is no coercion or threat by anybody on either of them.
15. The Respondents have no objection for getting change the necessary revenue and other documents in favour of the Appellants and the Respondents agree to co-operate for execution of any other documents etc. in this regard in favour of Appellants.
Wherefore the above named Appellants and Respondents humbly pray the Hon'ble Court to accept the Compromise Petition and to allow the appeal of the Appellants in RSA No.787/2013 and thereby to decree the suit of the Appellants in O.S.No.445/1996 for the relief of Declaration of ownership of suit schedule properties and for Permanent Injunction before the learned Principal Civil Judge (Junior Division) Gowribidanur and to allow the appeal of the Appellants in RSA No.786/2013 and thereby to dismiss the suit in O.S.No.9/1996 filed by the Respondent i.e. originally by late Ashwathanarayanappa and
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(a), 1 (b) and (c) for the relief of partition and separate possession before the learned Principal Civil Judge (Junior Division) Gowribidanur in terms of the above Compromise Petition in the ends of justice."
3. The contents of compromise petition are read over, and explained to the parties in the kannada language known to them. They have understood and accepted the terms and conditions of the compromise petition, and accordingly, prays to dispose of the appeals in terms of the compromise petition.
4. I have perused the contents of the compromise petition. There is no legal impediment for accepting the compromise petition. Accordingly, the compromise petition is accepted.
5. The compromise petition is placed on record.
6. Accordingly, the appeals are disposed of in terms of the compromise petition.
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7. Office is directed to draw a decree in terms of compromise petition.
8. Learned counsel for the appellants handed over the Demand Drafts, to the respondents as mentioned in the compromise petition. The respondents acknowledge the receipt.
9. In view of the disposal of the appeals, pending IAs, if any, stand disposed of.
Sd/-
(ASHOK S.KINAGI) JUDGE SKS List No.: 1 Sl No.: 4