Karnataka High Court
Shri Doddananjappa vs Shri Shekharappa on 19 December, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:52595
RSA No. 1430 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.1430 OF 2016 (PAR)
BETWEEN:
1. SHRI DODDANANJAPPA,
S/O LATE KEMPANNA,
AGED ABOUT 69 YEARS,
2. SHRI CHIKKANANJAPPA,
S/O LATE KEMPANNA,
AGED ABOUT 59 YEARS,
BOTH ARE R/A MITTIGANAHALLI VILLAGE,
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK - 562 149.
...APPELLANTS
[BY SMT. HARSHITHA B. HIREMATH ADVOCATE FOR
SRI K.S.UDAY, ADVOCATE (PH)]
AND:
1. SHRI SHEKHARAPPA,
SINCE DEAD BY HIS LRs,
1(a) SMT. PADMAMMA,
W/O LATE SHEKARAPPA,
AGED ABOUT 55 YEARS,
1(b) SMT. ANITHA,
Digitally signed by D/O LATE SHEKARAPPA,
ANUSHA V
AGED ABOUT 33 YEARS,
Location: High
Court Of Karnataka 1(c) SRI S. MUNEGOWDA,
S/O LATE SHEKARAPPA,
AGED ABOUT 31 YEARS,
ALL ARE R/AT MITTIGANAHALLI VILLAGE,
KANNUR POST, BIDARAHALLI HOBLI,
BANGALORE - 562 149.
2. SMT. HEMAKKA,
D/O LATE KEMPANNA,
W/O LATE MUNISWAMY,
AGED ABOUT 76 YEARS,
R/AT KANNUR VILLAGE AND POST,
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK - 562 149.
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NC: 2024:KHC:52595
RSA No. 1430 of 2016
3. SMT. KANTHAMMA,
W/O LATE B. MUNIYAPPA,
AGED ABOUT 70 YEARS,
D/O LATE KEMPANNA,
R/AT NO.15, 5TH MAIN
10TH CROSS, GIDDAPPA BLOCK,
GANGENAHALLI, BANGALORE - 560 032.
4. SMT. AKKAMMA,
W/O LATE ANJANAPPA,
AGED ABOUT 68 YEARS,
D/O LATE KEMPANNA,
R/AT ARADESHANAHALLI VILLAGE,
AND POST, KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
5. NARAYANAPPA,
S/O LATE KARIYAPPA,
AGED ABOUT 60 YEARS,
H/O SMT PADMAMMA,
6. SMT. ROOPA,
W/O LATE MANJUNATHA,
D/O NARAYANAPPA,
AGED ABOUT 36 YEARS,
7. SMT. MAMATHA,
D/O NARAYANAPPA,
AGED ABOUT 33 YEARS,
RESPONDENTS 5 TO 7 ARE
R/AT C/O SHESHAPPA,
CHANNASANDRA VILLAGE,
BHUVANGIRIA EXTENSION,
BANASWADI POST,
K.R. PURAM HOBLI,
BANGALORE - 560 043.
8. SHRI RAVINDRA,
SINCE DEAD BY LRs
8(a) SMT. RADHA,
W/O LATE RAVINDRA,
AGED ABOUT 54 YEARS,
8(b) SMT. SUSHMA,
D/O LATE RAVINDRA,
AGED ABOUT 36 YEARS,
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NC: 2024:KHC:52595
RSA No. 1430 of 2016
8(c) SMT. VEENA,
D/O LATE RAVINDRA,
AGED ABOUT 32 YEARS,
RESPONDENTS 8(a) TO (c) ARE
R/A NO.15, 5TH MAIN, 10TH CROSS,
GIDDAPPA BLOCK, GANGANAGAR,
BANGALORE - 560 032.
9. SHRI VIJAYENDRA,
(WRONGLY MENTIONED AS
VIJAYAPPA IN O.S.)
S/O KEMPANNA,
AGED ABOUT 46 YEARS,
R/AT MITTIGANAHALLI VILLAGE,
KANNUR POST, BIDARAHALLI HOBLI,
BANGALORE EAST TALUK - 562 149.
10. SHRI. V CHANDRAPPA,
S/O LATE VENKATASWAMY,
AGED ABOUT 62 YEARS,
R/AT NO.8, 6TH CROSS,
VASANTH NAGAR,
BANGALORE - 560 001.
11. SHRI. RAVI,
S/O VENKATASWAMY,
AGED ABOUT 52 YEARS,
R/AT NEELAKANTAPURA VILLAGE,
CHAMARAHALLI POST, UTHUR HOBLI,
KOLAR TALUK AND DISTRIC T - 563 103.
12. SMT SUJATHA,
D/O LATE VENKATASWAMY,
AGED ABOUT 48 YEARS,
W/O CHANNARAYAPPA,
AGED ABOUT 48 YEARS,
R/AT HOSUR BANDE VILLAGE,
NEAR PETROL BUNK, KANNUR POST,
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK - 562 149.
14. SHRI RAMAKRISHNAPPA,
H/O LATE SARASWATHAMMA,
AGED ABOUT 38 YEARS,
15. SMT. MALA,
D/O LATE SMT. SARASWATHAMMA,
AGED ABOUT 24 YEARS,
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NC: 2024:KHC:52595
RSA No. 1430 of 2016
16. SMT. BABY
D/O LATE SARASWATHAMMA,
AGED ABOUT 24 YEARS,
RESPONDENTS NO.13 TO 15 ARE
R/A AYYAPANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK, KOLAR DISTRICT-563 114.
RESPONDENTS NO.10 TO 15 ARE DELETED
V/O DATED 19.12.2024
...RESPONDENTS
[BY SRI SHYAM SUNDER BAJPEKAR, ADV., FOR R4 & R9 (PH);
SRI S.M. RAJU, ADVOCATE FOR R1 (a-c), R2, R3, R5 TO R8 (a-c) PH;
V/O DATED 19.12.2024 R10 TO R15 ARE DELETED]
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 06.06.2016 PASSED IN
R.A.NO.153/2015 ON THE FILE OF PRINCIPAL DISTRICT JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE
APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED
28.09.2015 PASSED IN O.S.NO.643/1995 ON THE FILE THE I ADDL.
SENIOR CIVIL JUDGE.
THIS APPEAL, COMING ON FOR HEARING ON I.A., THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and decree dated 06.06.2016 passed by Principal District Judge, Bengaluru Rural District, Bengaluru, in R.A.no.153/2015 and judgment and decree dated 28.09.2015 passed by I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, in O.S.no.643/1995, this appeal is filed.
2. Learned counsel for parties submits that during pendency of this appeal, they have agreed to settle their -5- NC: 2024:KHC:52595 RSA No. 1430 of 2016 dispute as per terms incorporated in memorandum of compromise petition filed today.
3. Parties are present and are identified by their respective counsel.
4. On interaction, parties have stated that terms of compromise along with particulars of properties mentioned in schedules are explained to them and after understanding same, they have affirmed compromise out of their free will and volition without there being any threat, coercion or inducement from anybody.
5. Terms of compromise petition reads as follows:
"The Appellants and Respondents herein jointly submit as under:
1. It is submitted that, initially the suit was filed by the respondent No.1 against his father, appellants and the respondents No.8 & 9 seeking for partition and separate possession in respect of the ancestral and joint family properties on the file of the 1st Additional Senior Civil Judge, at Bangalore Rural District, Bangalore, in O.S.No.643/1995. During pendency of the suit the 1st respondent's father Kempanna died leaving behind his legal heirs, after his death the 1st respondent had filed an LRs application to bring the LR's on record and the said application came to be allowed. The 2nd respondent came on -6- NC: 2024:KHC:52595 RSA No. 1430 of 2016 record as plaintiff No.2, the respondents No.3 to 7 came on record as defendants 1(a) to 1(g) before the trial Court. After contest, the suit came to be decreed in part and the claim of the respondents No.1 and 2 (plaintiffs No.1 & 2) is dismissed in respect of schedule-B property.
2. Aggrieved by the said judgment and decree the appellants have preferred an appeal before the appellate court in R.A.No.153/2015. The respondents No.5 to 7 have preferred an appeal aggrieved by the finding given on the additional issue No.1 in R.A.No.6/2016. The appellate Court has partly allowed in R.A.No.153/2015 and allowed the appeal in R.A.No.6/2016.
3. Being aggrieved by the judgment and decree passed in R.A.No.153/2015, the appellants / Defendants-1 & 2 have preferred the above appeal. When that, being the fact and circumstances, at the intervention of well wishers, elders, relatives and family friends, the appellants and the respondents have settled the matter amicably so as to put an end for further litigation and terms of the Compromise petition are clearly set down as hereunder.
4. Properties described in 'A' Schedule to this compromise petition are allotted to the share of Appellant-1/Defendant-2. Similarly, properties described in 'B' Schedule to this compromise petition are allotted to the share of Appellant-
2/Defendant-3. Similarly, properties described in 'C' Schedule to this compromise petition are allotted to the share of Respondents-1(a) to
(c)/Lrs of Plaintiff-1. Similarly, the properties -7- NC: 2024:KHC:52595 RSA No. 1430 of 2016 described in 'D' Schedule to this compromise petition are allotted to the share of Respondents- 8 (a) to (c)/Lrs of Defendant-4. Similarly, the properties described in 'E' Schedule to this compromise petition are allotted to the share of Respondent-9/Defendant-5. Similarly, property described in 'F' Schedule to this compromise petition is allotted to the share of Respondent- 2/Plaintiff-2. Similarly, property described in 'G' Schedule to this compromise petition is allotted to the share of Respondent-3/Defendant-1(a). Similarly, property described in 'H' Schedule to this compromise petition is allotted to the share of Respondent-4/Defendant-1(b). Similarly, property described in J' Schedule to this compromise petition allotted to the share of Respondent-6 and 7/Defendants-1(d) & (e), as the Respondent-5/Defendant-1(c) is not interested take any share in his family properties since, his daughters who are the Respondents-6 & 7 are alone taking the share as mentioned in the 'J' Schedule hereunder.
5. Appellant-1/Defendant-2 has accepted the properties described in 'A' Schedule hereto towards his share. Appellant-2/Defendant-3 has accepted the properties described in 'B' Schedule hereto towards his share. Respondents-1(a) to
(c) have jointly accepted the properties described in 'C' Schedule to this compromise petition towards their share. Respondents-8(a) to (c) have jointly accepted the properties described in 'D' Schedule to this compromise petition towards their share. The Respondent-9/Defendent-5 has accepted the properties described in 'E' Schedule to this compromise petition towards his share.
-8-NC: 2024:KHC:52595 RSA No. 1430 of 2016 Respondent-2/Plaintiff-2 has accepted the property described in 'F' Schedule to this compromise petition towards her share. The Respondent-3/Defendent-1(a) has accepted the property described in 'G' Schedule to this compromise petition towards her share. The Respondent-4/Defendent-1(b) has accepted the property described in 'H' Schedule to this compromise petition towards her share. The Respondents-6 and 7/Defendents-1(d) and (e) also have accepted the property described in 'J' Schedule to this compromise petition towards their respective share.
6. Appellant-1/Defendant-2 is put in physical possession of 'A' Schedule Properties. He shall be entitled to deal with 'A' Schedule Properties in any manner he likes as absolute owner. The Appellant-2 and other Respondents have no claims whatsoever over 'A' Schedule Properties.
7. Appellant-2/Defendant-3 is put in physical possession of 'B' Schedule Properties. He shall be entitled to deal with 'B' Schedule Properties in any manner he likes as absolute owner. The Appellant-1 and other Respondents have no claims whatsoever over 'B' Schedule Properties.
8. Respondents-1(a) to (c) are put in physical possession of 'C' Schedule Properties. They shall be entitled to deal with 'C' Schedule Properties in any manner they likes as absolute joint owners. The Appellants and other Respondents have no claims whatsoever over 'C' Schedule Properties.
9. Respondents-8(a) to (c) are put in physical possession of 'D' Schedule Properties. They shall -9- NC: 2024:KHC:52595 RSA No. 1430 of 2016 be entitled to deal with 'D' Schedule Properties in any manner they likes as absolute owners. The Appellants and other Respondents have no claims whatsoever over 'D' Schedule Properties.
10. Respondent-9/Defendant-5 is put in physical possession of 'E' Schedule Properties. He shall be entitled to deal with 'E' Schedule Properties in any manner he likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'E' Schedule Properties.
11. Respondent-2/Plaintiff-2 is put in physical possession of 'F' Schedule Property. She shall be entitled to deal with 'F' Schedule Property in any manner she likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'F' Schedule Property.
12. Respondent-3/Defendent-1(a) is put in physical possession of 'G' Schedule Property. She shall be entitled to deal with 'G' Schedule Property in any manner she likes as absolute owner. The Appellants and Respondents have no claims whatsoever over 'G' Schedule Property.
13. Respondent-4/Defendent-1(b) is put in physical possession of 'H' Schedule Property. She shall be entitled to deal with 'H' Schedule Property in any manner she likes as absolute owner. The Appellant and Respondents have no claims whatsoever over 'H' Schedule Property.
14. Respondents-6 and 7/Defendent-1(d) and
(e) are put in physical possession of 'J' Schedule Property. They shall be entitled to deal with 'J' Schedule Property in any manner she likes as
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 absolute owner. The Appellants and other Respondents have no claims whatsoever over 'J' Schedule Property.
15. Each party shall at the request of the other party or parties, do execute and perform or cause to be done, executed and performed, every such act, deeds and things or writings whatsoever as may be required for further better and more perfectly share the allotments of the joint estate hereunder made or for rectification of any error or omission.
16. The terms of settlement herein agreed shall be conclusive and binding on all the parties and the same shall not be re-opened under any circumstances.
17. The appellants and the respondents have arrived for amicable settlement without any pressure, force or compulsion and they have entered into the settlement of compromise with their own will and volition.
18. The appellants and the respondents have subscribed their respective signatures and thumb impression to this compromise petition after knowing and understanding the terms of the compromise petition.
SCHEDULE - A PROPERTIES PROPERTIES ALLOTTED TO THE SHARE OF SRI DODDANANJAPPA - APPELLANT-1.
1. All the piece and parcel of the land measuring 01(One) Acre 30 guntas out of 4 acres 33 guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Chagalatti Lake, West by: Government Road, North by: Portion of land in same Survey No.95/2 allotted to the share of Chikkananjappa, South by: Government Road.
Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.
2) All the piece and parcel of the land measuring 17½ guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Chikkanajappa, West by: Portion of land in same Survey No.87/1 allotted to Share of Akkamma, North by: Portion of land in survey number 88 allotted to the share of Doddananjappa, South by: Land belonging to Mottappa in Same Survey number.
3) All the piece and parcel of the land measuring 043/4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Chikkanajappa, West by: Bayapanahalli Gadi, North by: A Portion of survey number 88 allotted to the share of Doddananjappa, South by: Land belonging to Mottappa in Same Survey number.
4) All the piece and parcel of the land measuring 061/2 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Portion of land in same Survey No.87/2 allotted to the share of Chikkananjapра, West by: Bayappanahalli Gadi, North by: Portion of land in survey number 87/1 belonging to Motappa, South by: Land belonging to Mottappa in Same Survey No.87/2.
5) All the piece and parcel of the land measuring 17 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/2 allotted to the share of Chikkananjappa, West by: Portion of land in same Survey No.87/2 allotted to the share of Akkamma, North by: Portion of land in survey number 87/1 belonging to Mottappa, South by: Portion of survey number 87/2 belonging to Mottappa,
6) All the piece and parcel of the land measuring 01 (One) acre 291/2 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.88 allotted to the share of Chikkananjappa, West by: Portion of land in same Survey No.88 allotted to share of Akkayamma (Defendant-1b), North by: Survey number 91/1 South by: Portion of land in survey number 87/1 allotted to the share of Doddananjappa (Defendant-1), Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 the usage of other sharers in same survey number.
7) All the piece and parcel of the land measuring 293/4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in Survey No.87/1 allotted to the share of Chikkanajappa, West by: Bayappanahalli Gadi, North by: Survey number 92 South by: Portion of land in survey number 87/1 allotted o the share of Doddananjappa, Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
8) All the piece and parcel of the land measuring 4 acre 32 guntas (including three guntas phut Kharab) in Sy.No.266 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Kadabelappa's land, West by: Sonappa and papanna's lands, North by: MRL Sheriff's land and South by: Rock (Bande).
9) All the piece and parcel of the land measuring 6½ guntas out of 2 acres in present Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion of land in same Sy.No.271/P1 allotted to Vijayendra, West by: Portion of land in same Sy.No.271/P1 allotted to Chikkananjappa,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Portion of land in same Sy.No.271/P1 belonging to Mottappa, South by: Portion of land same Sy.No.271/P1 belonging to Mottappa.
10) All the piece and parcel of the land measuring 101/2 guntas in Sy.No.1/1 out of 1 acre 131/2 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the, East by: Portion of land in same survey number belonging to Mottappa, West by: Government Road and Gramatana, North by: Portion of land in same survey number allotted to Chikkananjappa, South by: Survey number 15.
Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.
11) All the piece and parcel of Northern portion in Khanishumari Number 25, measuring East to West 41 feet and North to South 48 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the, East by: Khanishmari Number 47, West by: House belonging to Ramakka and Muniyappa, North by: Land belonging to Doddananjappa South by: Remaining southern portion in same Khaneshumari Number.
12) All the piece and parcel of Khanishumari Numbers.57 and 47, measuring East to West 24 feet and North to South 15 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Government Road, West by: Khanishmari Number 25 allotted to the share of Doddananjappa, North by: Property belonging to Chikkananjappa, South by: Khanishmari Numbers 49, 50 and 51.
13) All the piece and parcel of Khanishumari Numbers. 49, 50, and 51, measuring East to West 45 feet and North to South 12 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the, East by: Government Road, West by: House Property belonging to Papanna, North by: Khanishmari Number.47 belonging to Doddananjappa, South by: House properties belonging to Channappa and Papanna.
14) All the piece and parcel of the house property bearing Site No.16 (Sy.No.17/3), measuring East to West 40 feet and North to South 60 feet, situated at 10th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the, East by: Private property (Sy.No.17/3), West by: Road, North by: G.D. Rama Iyer's house, and South by: Private property (Sy.No.17/3)
15) All the piece and parcel of the land measuring land measuring 12 Guntas in Sy.No.131 of Kannaur Village Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) East by: Portion of same Sy.No.131 allotted to the shares of Padmamma, Anitha and Munegowda, West by: Byrathi Suresh Property in Sy.No.131, North by: Sy.No.271,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 South by: Sy.No.50 of Kannur Village.
16. All that piece and parcel of the land measuring 28 Guntas in Survey No.13 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk (erstwhile Bangalore South Taluk) and bounded on the, East by: Raju Coluve, West by: Motappa land in Sy.No.13, North by: Lands of Chikkananjappa and Gowramma in Sy.No.14/2 & 14/3, South by: Land of Muniraju, S/o Cheannappa in Sy.No.13.
SCHEDULE-B PROPERTIES PROPERTIES ALLOTTED TO THE SHARE OF SRI CHIKKANANJAPPA - APPELLANT-2.
1) All the piece and parcel of the land measuring 51/4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Padmamma, Anitha and Munegowda, West by: Portion of land in same Survey No.87/1 allotted to share of Doddananjappa, North by: Portion of land in survey number 88 allotted to the share of Chikkananjappa, South by: Land belonging to Mottappa in Same Survey number.
2) All that piece and parcel of the land measuring 193/4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Vijayendra, West by: Portion of land in same survey number allotted to the share of Doddananjappa,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Portion of land in survey number 88 allotted to the share of Chikkananjappa, South by: Land belonging to Mottappa in Same Survey number.
3) All the piece and parcel of the land measuring 051/2 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/2 allotted to the share of Padmamma, Anitha and Munegowda.
West by: Portion of land in same Survey No.87/2 allotted to the share of Doddananjappa, North by: Portion of land in survey number 87/1 belonging to Mottappa, South by: Land belonging to Mottappa in Same SurveyNo.87/2.
4) All the piece and parcel of the land measuring 19 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/2 allotted to the share of Vijayendra, West by: Portion of land in same Survey No.87/2 allotted to the share of Doddananjappa, North by: Portion of land in survey number 87/1 belonging to Mottappa, South by: Portion of land in survey number 87/2 belonging to Mottappa,
5) All the piece and parcel of the land measuring 191/4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.88 allotted to the share of Padmamma, Anitha and Munegowda, West by: Portion of land in same Survey No.88 allotted to the share of Doddananjappa,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Survey number.92 South by: Portion of land in survey number 87/2 allotted to the share of Chikkananjappa, Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
6) All the piece and parcel of the land measuring 01 acre 263/4 guntas out of 8 acres 01 Gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.88 allotted to the Share of Vijayendra, West by: Portion of land in same Survey No.88 allotted to share of Doddananjappa, North by: Sy.No.91/2 allotted to the share of Chikkananjappa, South by: Portion of land in survey number 87/1 allotted to he share of Chikkananjappa,
7. All the piece and parcel of the land measuring 03 Acres 09 Guntas in Sy.No.91, New Sy.No.91/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Sy.No.90, West by: Land of Muniraju, S/o Mottappa in Sy.No.91/1, North by: Lands of Sarai Munishamappa and Dasappa, South by: 30 Feet road formed in Survey No.88 and then land allotted to the shares of Doddananjappa and Chikkananjappa.
8) All the piece and parcel of the land measuring 1 Acre 30 Guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Chagalatti Village Lake, West by: Sy.No.90, North by: Portions of land in same Survey No.95/2 allotted to share of Radhamma and her daughters, South by: Portions of land in same Survey No.95/2 allotted to shares of Doddananjappa.
Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.
9) All the piece and parcel of the land measuring 6½ guntas out of 2 acres in Present Old Sy.No.271/P1, New Sy.No.271, of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by Portion of land in same survey number 271/P1 allotted to the share of Doddananjappa, West by: Portion of land in same Sy.No.271/P1 allotted to the share of Padmamma, Anitha and Munegowda, North by: Portion of same Sy.No.271/P1 belonging to Mottappa, South by: Remaining portion in same Sy.No.271/P1.
10) All the piece and parcel of the land measuring 35 guntas in Sy.No.9/3 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Sy.No.9/2 & 9/5 belongs to Arvind lal, West by Lands in survey numbers.1/2 and 1/1, North by: Bande (Sy.No.2) and South by: Survey number 10 belongs to Channakeshavaiah.
11) All the piece and parcel of the land measuring 061/2 guntas out of 08 guntas in Sy.No.1/2 of
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Survey number 9/3 allotted to the share of Chikkananjappa, West by: Portion of land in same survey number 1/2 allotted to the share of Padmamma, Anitha and Munegowda, North by: Gomala South by :Survey No.10 & 54.
12) All the piece and parcel of the land measuring 02½ gunta out of 1 acre 131/2 Guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the, East by: Survey No.54, West by: Remaining portion of land in same Survey No.1/1, North by: Portion in same Sy.No.1/1 belongs to Muniraju, South by: Sy.No.14.
13) All the piece and parcel of the land measuring 03 guntas out of 01 acre 131/2 guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the, East by: Remaining portion in same survey number (Smashana), West by: Gramatana, North by: Portion of land in same survey number 1/1 belongs to Papanna, South by: Portion of land in same survey number 1/1 allotted to the share of Doddananjappa.
14) All the piece and parcel of the land measuring 04 guntas out of 1 Acres 13½ Guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the, East by: Portion of same Sy.No.1/1 allotted to the share of Smt Radhamma and daugheters, West by: Survey No.52,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Land in Survey No.1/1 beongst ot Muniraju, South by: Land in Survey No.1/1 belongs to Papanna, Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.
15) All the piece and parcel of the land measuring 11 guntas in Sy.No.14/2 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore East Taluk and bounded on the, East by: Land belongs to Gowramma (Sy.No.14/3), West by: Land belongs to Patel Mune Gowda (Sy.No.14), North by: Land belongs to Munichikkanna (Sy.No.14/2), South by: Survey No.13 allotted to share of Doddananjappa.
16) All the piece and parcel of the house property in Khanishmari No.48, measuring East to West 42 feet and North to South 15 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Government Road, West by: Khanishmari No.25 allotted to the share of Doddananjappa, North by: Khanishmari No.45 allotted to the share of Doddananjappa South by: Property belongs to Doddananjappa.
17) All the piece and parcel of the house property in Khanishmari No.40, measuring East to West 40 feet and North to South 20 feet, situated at Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Government Road, West by: property belongs to Ramakka,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Khanishmari No.25, South by: Property belongs to Doddananjappa.
18) 1/3rd share (600 sq.feet) out of 1800 Sq.fts., in all that part and parcel of the house property bearing Site No.22/2, Municipal number 6/5, situated at 10th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the, East by: House of Seethamma, West by: Share allotted to Vijayendra, North by: Road and South by: House of G. Channappa.
SCHEDULE - C PROPERTIES PROPERTIES ALLOTTED TO THE SHARE OF RESPONDENTS- 1(a) to (c) - SRI Smt. PADMAMMA, ANITHA & MUNEGOWDA
1) All that piece and parcel of the land measuring 27 Guntas out of 1 acre 27 guntas in Sy.No.95/1 and 13 Guntas out of 4 acres 33 guntas in Sy.No.95/2 (in all measuring 01 Acre) and situated at Chagaletti Village, Jala Hobli, Bangalore North Taluk and commonly bounded on the:
East by: Chagaletti Kere West by: Survey Nos.94 and 90 (Byrathi Suresh), North by: portion in the same survey No.95/1 allotted to the share of Vijiendra, South by: portion in the same survey No. 95/2 allotted to the share of Radhamma and her daughters Note: However, the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.
2) All the piece and parcel of the land measuring 051/4 guntas out of 2 acres 02 guntas in
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Vijayendra, West by: Portion of land in same Survey No.87/1 allotted to Share of Chikkananjappa, North by: Portion of land in survey number 88 allotted to the share of Smt Padmamma, Anitha & Munegowda, South by: Land belonging to Mottappa in Same Sy.No.87/1.
3) All the piece and parcel of the land measuring 05½ guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/2 allotted to the share of Vijayendra, West by: Portion of land in same Survey No.87/2 allotted to Share of Chikkananjappa, North by: Land belonging to Mottappa in Sy.No.87/1.
South by: Land belonging to Mottappa in Sy.No.87/2.
4) All the piece and parcel of the land measuring 18 guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Survey number 84, West by: Portion of land in same Survey No.85/1 allotted to Share of Smt Radha, Sushma & Veena, North by: Portion of land in survey number 89 allotted to the share of Smt Padmamma, Anitha & Munegowda, South by: Land belonging to Mottappa in Sy.No.85/1.
5) All the piece and parcel of the land measuring 18½ guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Survey number 84,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 West by: Portion of land in same Survey No.85/2 allotted to Share of Smt Radha, Sushma & Veena North by: Land belonging to Mottappa in Sy.No.85/1, South by: Land belonging to Mottappa in Sy.No.85/2.
6) All the piece and parcel of the land measuring 191/4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.88 allotted to the share of Vijayendra, West by: Portion of land in same Survey No.88 allotted to share Of Chikkananjappa, North by: Survey No.92, South by: Portion of land in Sy.No.87/1 allotted to the share of Smt Padmamma, Anitha & Munegowda Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
7) All the piece and parcel of the land measuring 01 (One) Acre 08 guntas out of 2 (Two) acres 01 guntas in Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion Sy.No.425/2 allotted to the shares of Lrs of Smt Radha, Sushma & Veena and Kanthamma, West by Land of Motappa in sy.No.424/1.
North by: Land of Motappa in Sy.No.86, South by: Portion of land in same survey number allotted to the share of Smt Radha, Sushma & Veena,
8) All the piece and parcel of the land measuring 19 guntas out of 2 acres in Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Portion of land in same Sy.No.271/P1 allotted to the share of Chikkananjappa, West by: Portion land in same Sy.No.271/P1 allotted to the share of Smt Radha, Sushma & Veena, North by: Portion of land in same Sy.No.271/P1 belonging to Mottappa, South by: Remaining portion in same Sy.No.271/P1.
9) All the piece and parcel of the land measuring 11 guntas out of 1 acre 131/2 guntas in Sy.No.1/1 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Government Road, West by: Portion of land in same survey number 1/1 allotted to the share of Vijayendra, North by: Portion of land in same survey number 1/1 belongs to Mottappa, South by: Portion of land in same survey number 1/1 belongs to Muniraju.
Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.
10) All the piece and parcel of the land measuring 011/2 guntas in Sy.No.1/2 out of 08 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Portion of land in same survey number 1/2 allotted to the share of Chikkananjappa, West by: Portion land in same survey number 1/2 allotted to the share of Vijayendra, North by: Government land (Gomala) and South by: Survey No.10 belongs to Channakeshavaiah.
11) All the piece and parcel of the land measuring 07 guntas in Sy.No.7/11 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Sy.No.7/6, West by: Portion in same Sy.No.7/11 allotted to the share of Radhamma and children, North by: Portion of in Sy. No.7/8 allotted to the share Padmamma and children, South by: Sy.No.7/9
12) All the piece and parcel of the land measuring 18 guntas in Sy.No.7/8 guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Sy.No.7/6, West by: Portion of land in Sy.No.7/4 allotted to the Share of Vijeydendra and Poriton in Same Sy.No.7/8 allotted to the share of Smt Radha, Sushma & Veena North by: Sy.No.2, South by: Sy.No.7/9,
13) All the piece and parcel of the land measuring 03 Guntas out of 15 Guntas in Sy.No.131 of Kannaur Village, Bidarahalli Hobli, Bangalore East Taluk, Bangalore and bounded on the:
East by: Land of Motappa in Sy.No.131, West by: Portion of land in same Sy.No.131 allotted to share of Doddananjappa, North by: Sy.No.271, South by: Sy.No.50 of Kannur Village.
SCHEDULE - D PROPERTIES PROPERTIES ALLOTTED TO THE SHARE OF Smt RADHA, SUSHMA & VEENA - RESPONDENTS-
8(a) to (c).
1) All the piece and parcel of the land measuring 01(one) Acre out of 4 acres 33 guntas in Sy.No.95/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Chagaletti Lake, West by: Land belonging to MRL sheriff (Survey No.90),
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 North by: Portion of land in the same survey No. 95/2 allotted to the share of Padmamma, Anitha and Mune Gowda, South by: Portion of land in the same Sy No.95/2 allotted to the share of Chikkananjappa, Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North and end to end for only to the usage of other sharers in same survey number.
2) All that piece and parcel of the land measuring 19 guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion in same survey number 85/1 allotted to the share of Smt Padmamma, Anitha & Munegowda West by: Portion in same Survey No.85/1 allotted to share of Vijiyendra North by: Portion in Survey No.89 allotted to share of Smt Radha, Sushma & Veena South by: Land belonging to Mottappa in Same Survey number 85/1.
3) All that piece and parcel of the land measuring 07 guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion in survey number 85/1 allotted to the share of Smt Padmamma, Anitha & Munegowda West by: Portion in same Survey No.85/2 allotted to share of Smt Radha, Sushma & Veena North by: Land belonging to Mottappa in Survey number 85/1, South by: Land belonging to Mottappa in Survey number 85/2.
4) All that piece and parcel of the land measuring 15½ guntas out of 2 (Two) acres 01 guntas in
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion in Sy.No.425/2 allotted to the shares of Narayanappa, Roopa and Mamatha, West by: Land of Motappa in Sy.No.424/1, North by: Portion in same Sy.No.424/2 allotted to the share of Smt Padmamma, Anitha & Munegowda South by: Portion of land in same Sy.No.424/2 allotted to the share of Vijayendra.
5) All that piece and parcel of the land measuring 29 guntas out of 01 (One) acre 38 guntas in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Land of Motappa in Sy.No.425/1, West by: Portion in same Sy.No.424/2 allotted to the share Smt Padmamma, Anitha & Munegowda North by: Land of Motappa in Sy.No.86, South by: Portion in same Sy.No.425/2 allotted to the share of Kanthamma.
Note: However the parties those who got allotted shares in Sy.No.424 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.
6) All the piece and parcel of the land measuring 16 guntas out of 2 acres in Old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion in same survey number 271/P1 allotted to the share of Smt Padmamma, Anitha & Munegowda West by: Portion of land in survey number 425 allotted to the share of Padmamma, Anitha & Munegowda North by: Portion of same survey number belonging to Mottappa, South by: Remaining portion in same survey number.
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NC: 2024:KHC:52595 RSA No. 1430 of 2016
7) All the piece and parcel of the land measuring 10½ guntas in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Portion in same Survey No.1/1 allotted to share of Vijayendra West by: Sy.No.52 and Gramatana, North by: portion of same survey number 1/1 belongs to Mottappa, South by: portion of same survey number 1/1 belongs to Papanna.
Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.
8) All the piece and parcel of the land measuring 14 guntas in Sy.No.7/5 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Sy.No.7/9, West by: Sy.No.7/10, North by: Sy.No.7/10, South by: Rajakaluve,
9) All the piece and parcel of the land measuring 10 guntas in Sy.No.7/10 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Sy.No.7/5, West by: Sy.No.7/3, North by: Sy.No.7/9, South by: Raju Kaluve,
10) All the piece and parcel of the land measuring 03 guntas in Sy.No.7/11 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Remaining portion of in same Sy.No.7/11 allotted to the share of Padmamma, Anitha and Mune Gowda, West by: Sy.No.7/7, North by: Sy.No.7/4, South by: Sy.No.7/10,
11) All the piece and parcel of the land measuring 02 Guntas out of 2 (Two) acres 01 guntas in Sy.No.424/2 of Bagalur Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion in same Sy.No.425/2 allotted to the share of Radha, Sushma & Veena West by: Portion of land in Sy.No.424/2 allotted to the share of Padmamma, Anitha & Munegowda North by: Land of Motappa in Sy.No.86, South by: Portion in same Sy.No.424/2 allotted to the share of Smt Radha, Sushma & Veena
12) All that 1/3rd share (600 Sq.fts.,) out of 1800 Sq.fts., in the house property bearing Site No.22/2, Municipal number 6/5, situated at 10th Cross, Giddappa Block, Ganganagar, Bengaluru - 560 032 and bounded on the, (One third share i.e., measuring 600/-sq.feet) East by: Share allotted to Vijayendra West by: Road, North by: Road, and South by: G. Channappa House.
SCHEDULE - E PROPERTIES PROPERTIES ALLOTTED TO THE SHARE OF SRI VIJAYENDRA (VIJAYAKUMAR)-RESPONDENT-9.
1. All that piece and parcel of the land measuring 01(One) acre out of 01 acre 27 guntas in Sy.No.95/1 of Chagaletti Village, Jala Hobll, Bangalore North Taluk and bounded on the:
East by: Chagaletti Kere
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 West by: Survey No.94/3, North by: Sy.No.96/5 CMR Property, South by: Portion in the same survey No. 95/1 allotted to the share of Padmamna, Anitha and Mime Gowda Note: However the parties those who got allotted shares in Sy.No.95/1 and 95/2 of Chagalatti Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge (Lake Side), which leads from South to North till end of "C" Schedule with road access to Schedule 'E' Property.
2. All that piece and parcel of the land measuring 063/4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.87/1 allotted to the share of Akkayamma, West by: Portion of land in same survey number 87/1 allotted to the share of Padmamma, Anitha and Mune Gowda, North by: Portion of land in survey No.88 allotted to share Of Vijiyappa @ Vijaya Kumar, South by: Land belonging to Mottappa in Same Survey number 87/1.
3. All that piece and parcel of the land measuring 161/4 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in Survey No.85/1 allotted to share Of Vijiyendra Kumar, West by: Portion of land in same Survey No.87/1 allotted to the share of Chikkananjappa, North by: Portion of land in Survey No.88 allotted to share of Vijiyendra, South by: Land belonging to Mottappa in Same Survey No.87/1.
4. All that piece and parcel of the land measuring 07 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 East by: Portion of land in same Survey No.87/2 allotted to the share of Akkayamma, West by: Portion of land in same Sy.No.87/2 allotted to the share of Padmamma, Anitha and Mune Gowda, North by: Land belonging to Mottappa in Sy.No.87/1, South by: Land belonging to Mottappa in Sy.No.87/2.
5. All that piece and parcel of the land measuring 151/4 guntas out of 2 acres 03 guntas in Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in survey No.85/2 allotted to share of Vijayendra, West by: Portion of land in same survey No.87/2 allotted to shareof Chikkananjappa, North by: Land belonging to Mottappa in Sy.No.87/1.
South by: Land belonging to Mottappa in same Sy.No.87/2.
6. All that piece and parcel of the land measuring 05½ guntas out of 2 acres 02 guntas in Sy.No.85/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Survey No.85/1 allotted to share of Radha, Sushma and Veena.
West by: A Portion of land in Survey No.87/1 allotted to share of Vijayendra, North by: A Portion of land in survey No.89 allotted to share of Vijayedra, South by: Land belonging to Mottappa in Same SY.No.85/1.
7. All that piece and parcel of the land measuring 16 guntas out of 2 acres 03 guntas in Sy.No.85/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: A Portion in same Survey No.85/2 allotted to share of Radha, Sushma and Veena.
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 West by: A Portion of land in survey No.87/2 allotted to share of Vijayendra, North by: Land belonging to Mottappa in Sy.No.85/1, South by: Land belonging to Mottappa in same Sy.No.85/2.
8. All that piece and parcel of the land measuring 241/4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: A Portion in same Survey No.88 allotted to the share of Akkayamma, West by: A Portion in same Survey No.88 allotted to share of Padmamma, Anitha and Mune Gowda, North by: Survey number, 92 South by: A Portion of survey number 87/1 allotted to the share of Vijayedra.
Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
9. All that piece and parcel of the land measuring 1 Acre 21½ guntas out of 8 acres 01 gunta in Sy.No.88 ofChagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: A Portion of the land in survey No.89 allotted to the share of Vijayendra, West by: A Portion in same Survey No.88 allotted to share Of Chikkananjappa (Defendant-3) North by: Survey No.91/4, South by: A Portion of land in survey number 87/1 allotted to the share of Vijayendra.
Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
10. All that piece and parcel of the land measuring 15½ guntas out of 2 (Two) acre 01 guntas in Sy.No.424/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Portion in Sy.No.425/2 allotted to the share of Hemakka, West by: Land of Motappa in Sy.No.424/1, North by: Portion of land in same Sy No.424/2 allotted to share of Radha, Sushma and Veena, South by: Survey Number.271/P1.
11. All that piece and parcel of the land measuring 32 guntas out of 2 acres in Present old Sy.No.271/P1, New Sy.No.271 of Bagaluru Village, Jala Hobli, Bangalore North Taluk and bounded on the, East by: Survey number 271, West by: A Portion of land in Sy.No.271/P1 allotted to the share of Doddananjappa (Defendant-2) North by: A Portion of land in same Sy.No.271/P1 belonging to Mottappa, South by: Remaining portion in same survey number 271/P1.
12. All that piece and parcel of the land measuring 11 guntas in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Portion of land in same survey number 1/1 allotted to the share of Padmamma, Anitha and Mune Gowda, West by: Portion of land in same survey number 1/1 allotted to the share of Radhamma and daughters, North by: Portion of land in same survey number 1/1 belongs to Mottappa,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 South by: Portions of land in same survey number 1/1 belongs To Papanna and Muniraju.
Note: However the parties those who got allotted shares in Sy.No.1/1 of Mittiganahalli Village shall leave and reserve 15 Feet wide Road towards on the Northern side which which starts from East to West, for only to the usage of other sharers in same survey number.
13. All that piece and parcel of the land measuring 20 guntas in Sy. No.7/4 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: A portion of land in same survey number belongs to Mottappa, West by: A portion of Old Sy.No.7/4 New Sy.
No.7/7 belongs to K.Dharani, North by: Government land Gomala (Bande), and South by: Portion of land in same survey number 7/4 allotted to the share of Padmamma, Anitha and Mune Gowda and Radha, Sushma, Veena
14. All that piece and parcel of the land measuring 2 guntas in Sy.No.7/8, Old Sy.No.7/4 of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Remaining Portion in same Sy.No.7/8 allotted the share of Padmamma, Anitha and Mune Gowda, West by: Sy.No.7/4, North by: Sy.No.2, South by: Portion of land in Sy. No.7/10 allotted to the share of Radha, Sushma, Veena,
15. All that piece and parcel of 1/3rd Share i.e., 600 Sq.fts., out of 1800 Sq.fts., in house property bearing Site No.22/2, Municipal number 6/5, measuring situated at 10th Cross, Giddappa Block, Ganganagar, Bengaluru-560 032 and bounded on the, East by: Share allotted to Chikkananjappa (Defendant-3)
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 West by: Share allotted to Radha, Sushma, Veena, North by: Road, and South by: G. Channappa House.
SCHEDULE - F PROPERTY PROPERTY ALLOTTED TO THE SHARE OF SMT HEMAKKA- RESPONDENT-2.
1) All the piece and parcel land measuring 20 guntas out of 1 Acre 39 in Sy.No.425, New Sy.No.425/2, of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the, East by Land of Mottappa in Sy.No.425/1, West by: Lands allotted in Sy.No.424/2 allotted to the share of Smt Radha, Sushma & Veena and Vijendra, North by: Portion of land in same Sy.No.425/2 allotted to share of Roopa and Mamatha, South by: Road.
Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.
2) All the piece and parcel of the land measuring 01 gunta in Sy.No.1/1 out of 1 acre 13½ guntas of Mittiganahalli Village, Bidarahalli Hobli, Bangalore South Taluk and bounded on the, East by: Survey Number 54, West by: Portion of same Sy.No.1/1 belongs to Motappa, North by: portion of same Sy.No.1/1 belongs to C.Muniraju, South by: portion of same Sy.No.1/1 belongs Chikkananjappa.
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 SCHEDULE - G PROPERTY PROPERTY ALLOTTED TO THE SHARE OF SMT-
KANTHAMMA- RESPONDENT-3, All the piece and parcel land measuring 10 guntas out of 1 acre 39 in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the, East by: Land of Motapppa in Sy.No.425/2, West by: Land in Sy.No.424 allotted to the share Smt Padmamma, Anitha & Munegowda, North by: Portion of same Sy.No.425/2 allotted to the share of Smt Radha, Sushma & Veena, South by: Portion of same Sy.No.425/2 allotted to the share of Roopa and Mamatha.
Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number.
SCHEDULE - H PROPERTY PROPERTY ALLOTTED TO THE SHARE OF SMT AKΚΑΜΜΑ- RESPONDENT-4.
1) All the piece and parcel of the land measuring 07 guntas out of 2 acres 02 guntas in Sy.No.87/1 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Sy.No.87/1 allotted to the share of Doddananjappa, West by: Portion of land in same Sy.No.87/1 allotted to share of Vijayendra, North by: Portion of land in survey No.88 allotted to share of Akkamma, South by: Land belonging to Mottappa in Same Sy.No.87/1.
2) All the piece and parcel of the land measuring 071/4 guntas out of 2 acres 03 guntas in
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 Sy.No.87/2 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion of land in same Sy.No.87/2 allotted to the share of Doddananjappa, West by: Portion of land in same Sy.No.87/2 allotted to share of Vijayendra, North by: Land belonging to Mottappa in Sy.No.87/1, South by: Land belonging to Mottappa in Sy.No.87/2.
3) All the piece and parcel of the land measuring 253/4 guntas out of 8 acres 01 gunta in Sy.No.88 of Chagaletti Village, Jala Hobli, Bangalore North Taluk and bounded on the:
East by: Portion in same Sy.No.88 allotted to the share of Doddananjappa, West by: Portion of land in same survey No.88 allotted to share of Vijayendra, North by: Survey number, 92, and South by: Portion of Sy.No.87/1 allotted to the share of Akkamma.
Note: However the parties those who got allotted shares in Sy.No.88 of Chagalatti Village shall leave and reserve 30 Feet wide Road towards on the Northern edge which attaches with Sy.No.90, 91 and 92, which leads from West to East till the land Sy.No.88 which allotted to Appellant-2 herein as Item No.6 in Schedule-A, for only to the usage of other sharers in same survey number.
SCHEDULE - J PROPERTY PROPERTY ALLOTTED TO THE SHARE OF ROOPA & MAMATHA (RATHNA)- RESPONDENTS-6 & 7.
1) All the piece and parcel land measuring 20 guntas out of 1 acre 39 in Sy.No.425/2 of Bagaluru Village, Jala Hobli, Bangalore North Taluk which converted from agricultural nature to Industrial purpose and bounded on the, East by: Land of Mottappa in Sy.No.425/1,
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NC: 2024:KHC:52595 RSA No. 1430 of 2016 West by: Lands in Sy.No.424/2 allotted to the shares of Smt Padmamma, Anitha & Mune Gowda and Vijendra, North by: Portion of land in same Sy.No.425/2 allotted to the share Kanthamma, South by: Portion of land in same Sy.No.425/2 allotted to the share Hemakka.
Note: However the parties those who got allotted shares in Sy.No.425/2 Bagalur Village shall leave and reserve 25 Feet wide Road towards on the Eastern edge which leads from South to North and end to end for only to the usage of other sharers in same survey number."
6. I have perused terms of settlement. Same appear to be lawful.
7. Hence, compromise petition is taken on record.
Appeal is allowed to extent and in terms of compromise petition, judgment and decree of both Courts are modified accordingly.
Registry to draw decree incorporating terms of compromise petition.
Sd/-
(RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 26