Karnataka High Court
S E Lokesh vs S C Hemanath on 15 December, 2025
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NC: 2025:KHC:53135-DB
RFA No. 347 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
REGULAR FIRST APPEAL NO. 347 OF 2017 (PAR)
BETWEEN:
1. S E LOKESH
S/O LATE EARAPPA
AGED ABOUT 65 YEARS
R/O K NIDUGANE VILLAGE
MADIKERI TALUK - 571 201
...APPELLANT
(BY SRI. SHIVARAMA BHAT O., ADVOCATE)
AND:
1. S.E. HEMANATH
S/O LATE EARAPPA
AGED ABOUT 63 YEARS
R/A BUILDING NO.3
VISHWA KARMA NAGAR
AMABI ROAD, VASI WEST
THANA DISTRICT
MAHARASTRA - 501 202
NOW AT KANNANDABANE NEW MANS COMPOUND,
MADIKERI POST
MADIKERI TOWN
COORG DISTRICT - 571 201
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RFA No. 347 of 2017
HC-KAR
2. SMT S.E. MACHAMMA
W/O BADUVANDA MADAPPA
AGED ABOUT 77 YEARS
D/O LATE EARAPPA
R/O KUDAMBUR VILLAGE
MURNAD, MADIKERI TALUK
KODAGU - 571 201
3. SMT S.E. ACHAMMA
W/O K.K. CHINNAPPA
D/O LATE EARAPPA
AGED ABOUT 73 YEARS
R/O CHERAMBANE VILLAGE
MADIKERI TALUK, KODAGU
NOW AT IVATHOKLU VILLAGE
KARUGUNDA POST
KODAGU DISTRICT - 571 201
4. SMT S.E. NEELAMMA
W/O N K KARIAPPA
D/O LATE EARAPPA
AGED ABOUT 70 YEARS
R/O KADANGA VILLAGE
VIRAJPET TALUK
KODAGU
NOW AT ARAPATTU VILLAGE
PODDAMANI POST
VIRAJPET TALUK
KODAGU DISTRICT - 571 218
5. SMT A C PARVATHI
W/O SUBBAMANDA K DEVAIAH
AGED ABOUT 57 YEARS
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NC: 2025:KHC:53135-DB
RFA No. 347 of 2017
HC-KAR
R/O NIDUGANE VILLAGE
MADIKERI TALUK
KODAGU - 571 201
6. DEEPAK ALUR
S/O CHANDRASHEKAR ALUR
AGED ABOUT 50 YEARS
R/O K NIDUGANE VILLAGE
MADIKERI TALUK
KODAGU - 571 201
...RESPONDENTS
(BY SRI. RANGANATH R., ADVOCATE FOR R1 TO R4
R5 IS SERVED
VIDE ORDER DATED 30.10.2017,
NOTICE TO R6 IS DISPENSED WITH)
THIS RFA IS FILED UNDER SEC.96 R/W RULE 1 OF
ORDER XLI OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 01.12.2016 PASSED IN OS NO.56/2011 ON THE FILE
OF THE SENIOR CIVIL JUDGE, MADIKERI, PARTLY DECREEING
THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
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RFA No. 347 of 2017
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) [[ 1. We had referred this appeal to the Bangalore Mediation Centre with the consent of the parties for settling the disputes amicably outside the Court through the process of mediation.
2. The parties have settled their disputes amicably in terms of the memorandum of settlement. The memorandum of settlement has been filed under Section 89 of the Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
3. The terms of the Memorandum of Settlement read as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The Appellant has filed above appeal challenging the judgment and decree dated -5- NC: 2025:KHC:53135-DB RFA No. 347 of 2017 HC-KAR 01.12.2016 passed by the Senior Civil Judge, at Madikeri in O.S.No.56/2011.
The Appellant and Respondent No.1 state that their respective names are "S.E.Lokesh" and "S.E. Hemanath" but in the suit their names are mentioned as "S.C.Lokesh" and "S.C.Hemanth"
and accordingly the parties herein undertake to rectify by filing necessary application to amend the cause title as mentioned in this settlement and further the allocations of the shares mentioned in this settlement shall be in their respective names as shown in the suit plaint O.S.No.56/2011.
II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant and Respondent No.1 to 4 along with their respective Advocates are physically present, identified each other. Respondent No.5 and 6 are purchasers of some of the suit schedule properties are no longer necessary as parties to this agreement as the Appellant and Respondent No.1 to 4 have entered into the following settlement. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:
1. The Respondent No.1 is the brother and Respondent No.2 to 4 are the sisters of the Appellant. Respondent No.5 and 6 are the purchasers of some of the suit schedule properties.
2. The Appellant and Respondent No. 1 to 4 have resolved their disputes amicably with the intervention of the family members and well wishers of the Parties.-6-
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3. The Parties to this agreement are the appellant and Respondent No.1 to 4 and herein after shall be mentioned as "The Parties". The parties have agreed that the schedule properties shall be divided among the Appellant and the Respondent No.1. Their sisters who are Respondents No.2 to 4 have agreed that as they are happily married and well settled and also out of love and affection towards their brothers, they do not claim any right over the schedule properties as long as their brothers retain the same with them. However in the event of sale of any portion of the schedule properties, they require their share out of the sale proceeds and their consent is to be obtained prior to the sale.
4. That as per the arrangement between the Appellant and Respondent No.1 to 4, the parties herein have conducted survey and prepared a detailed sketch with colour codes and divisions being mentioned to the Appellant and the Respondent No.1 and the said sketch is produced along with and shall be part and parcel of this Petition.
5. That as per the arrangement between the parties, the properties mentioned in the schedule A of this Petition is allotted to the share of the Appellant and the properties mentioned in the schedule B of this Petition is allotted to the share of the Respondent No.1 and the Appellant and Respondent No.1 have taken possession of their respective shares of the property as mentioned in the schedule of this Petition. The Parties agree that the Appellant and the Respondent No.1 are absolute owners of their respective shares and Respondent 2 to 4 do not have any claim over the same and the Appellant and the Respondent No.1 -7- NC: 2025:KHC:53135-DB RFA No. 347 of 2017 HC-KAR shall be absolute owners of their respective shares having absolute rights, title and interests over the same.
6. As Mentioned in Para No.3 vide the sketch the newly formed approach road measuring 3 mtrs in width commencing from Monnangeri main road, on the western side of the property bearing Sy. No.79/6 and then passing through the property bearing Sy. No.79/4 and then through the western side of the property bearing Sy.No.81, as shown in the annexed sketch shall be jointly owned, used and maintained by the Appellant and the Respondent No.1. The said road consists of 15 cents of land in Sy.No.81, 3 cents of land in Sy.No. 79/6 and 8 cents of land in Sy. No.79/4, totally measuring 26 cents as mentioned in schedule C of this Petition and the annexed sketch.
7. The Parties agree that the financial assistances availed by the Appellant from financial institutions and Banks, by offering the schedule properties as security, shall be settled by the Appellant only at his cost and expenses, and shall clear all encumbrances by cancelling the said mortgages on or before 19.11.2027 without claiming any assistance from the Respondents.
8. The Parties agree and understand that the properties sold by the Appellant in favour of Respondent No.5 and 6 shall be out of the share of the Appellant only and therefore the said properties shall be absolute property of Respondent No.5 and
6. The said purchasers who are Respondent No.5 and 6 herein. The Appellant and Respondent 1 to 4 are at liberty to obtain the transfer of revenue records in respect of their individual shares to their -8- NC: 2025:KHC:53135-DB RFA No. 347 of 2017 HC-KAR name, and the other parties agree and undertake to do the needful for better transfer of title to the respective share holders without any further demands or claims. The parties also agree and undertake to bear their own costs and expenses involved.
9. That the appellant and Respondent No.1 to 4 have found at the time of survey of the lands that they are in possession of 2.30 acres of lands in Sy.No.83/1 (Baleanda Kaadu), and they have agreed to share the same equally as mentioned in the items No.6 of Schedule A and item No.6 of Schedule B of this settlement.
10. That in pursuance of this compromise, it is prayed that this Hon'ble Court be pleased to pass judgement and decree in accordance with the terms and conditions as mentioned above, in the interests of justice and equity.
SCHEDULE A (Property allotted to Appellant Mr.S.E.Lokesh)
1. Sagu wet land measuring 0.59 acres along with a residential house in Sy.No.78 bounded on East: By Road West: By Stream North: By River and road South: Sy.No.77 -9- NC: 2025:KHC:53135-DB RFA No. 347 of 2017 HC-KAR
2. Sagu wet land measuring 1.15 acres in Sy.No.79/4 bounded on East: By Sy.No.79/6 West: Sy.No.79/6 North: Sy.No.79/6 South: Sy.No.81
3. Sagu bane land with coffee cultivation measuring 2.40 acres in Sy.No.79/6 bounded on East: Sy.No.79/4 West: By road North: By river South: stream
4. Sagu wet land measuring 1.23 acres in Sy.No.81 bounded on East: Stream West: Newly formed road North: Foot path South: 81/A
5. Jamma bane land measuring 0.70 acres in Sy.No.83/5. Bounded on East: Stream West: Sy.No.83/1 North: Stream South: Sy.No.83/1
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6. Jamma bane lands measuring 1.15 acres out of 2.30acres in Sy.No.83/1, bounded on East: Sy.No.83/5 West: Sy.No.83/5 North: Remaining area in Sy.No.83/1 South: Stream All the above properties are situated in K.Nidugane village, Madikeri Taluk, Kodagu District.
SCHEDULE B (Property allotted to Appellant Mr.S.E.Hemananth)
1. Sagu bane land with coffee cultivation measuring 2.20 acres in Sy.No.79/1 bounded on East: Sy.No.79/8 West: Sy.No.10 North: Kootupole back water South: Sy.No.10 and 79/2
2. Sagu bane land with coffee cultivation measuring 1.20 acres in Sy.No.79/8 bounded on East: Road West: Sy.No.79/1 North: Road South: Sy.No.79/2 and Road
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3. Sagu wet land measuring 1.96 acres in Sy.No.81, bounded on East: Stream West: Newly formed approach road North: Sy.No.79/4 and 79/6 South: Road and stream
4. Jamma bane lands with coffee plantation along measuring 0.48 acres bearing Sy.No.83/2, bounded on East: Sy.No.83/1 West: Sy.No.83/1 North: Sy.No.83/14 South: Stream
5. Jamma bane lands with coffee plantation with a residential house measuring 0.50 acre bearing Sy.No.83/1, bounded on East: Sy.No.83/1 West: Sy.No.83/1 North: Sy.No.83/1 South: Sy.No.83/1
6. Jamma bane lands measuring 1.15 acres out of 2.30 acres in Sy.No.83/1 bounded on East: Sy.No.83/5 West: Sy.No.83/5 North: Remaining area in Sy.No.83/1 South: Stream All the above properties are situated in K. Nidguane village, Madikeri Taluk, Kodagu District.
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NC: 2025:KHC:53135-DB RFA No. 347 of 2017 HC-KAR SCHEDULE C (Approach road to be in joint ownership of Appellant and Respondent No.1) A newly formed mud road measuring 3 mts in width commencing from Monnangeri main road, on the western side of the property bearing Sy.No.79/6 and then passing through the said property bearing Sy.No.79/4 and then through the western side of the property bearing Sy.No.81, consisting of 15 cents of land in Sy.No.81, 3 cents of land in Sy.No. 79/6 and 8 cents of land in Sy.No.79/4, totally measuring 26 cents.
All the above properties are situated at K.Nidugane village, Madikeri Taluk, Kodagu District.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders in terms of this settlement agreement and further parties pray for decree to be drawn in accordance with this settlement agreement.
IV. Parties shall appear before the Hon'ble High Court for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court."
4. Considering the said settlement arrived between the parties before the Bangalore Mediation Centre on 19.11.2025, nothing survives for us to adjudicate in this appeal. Accordingly, the appeal is disposed of.
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5. The decree in terms of the settlement be drawn.
6. In term of the memorandum filed today, counsel for the appellant is permitted to amend the cause title.
7. Learned counsel for the appellant has also submitted the amended cause title which is taken on record.
8. In view of disposal of the appeal, all other pending applications do not survive and are accordingly disposed of. Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA (D K SINGH) JUDGE Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA (TARA VITASTA GANJU) JUDGE GH List No.: 1 Sl No.: 1