Karnataka High Court
Sidramappagouda vs Leelavati Goudati on 14 January, 2026
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NC: 2026:KHC-K:259-DB
RFA No. 200276 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
REGULAR FIRST APPEAL NO.200276 OF 2025 (PAR/POS)
BETWEEN:
1. SIDRAMAPPAGOUDA
S/O LATE MAHANTGOUDA,
S/O SIDRAMAPPAGOUDA MALI PATIL
AGE: 48 YEARS,
OCC: AGRICULTURE,
2. ANNAPPAGOUDA
S/O LATE MAHANTGOUDA
S/O SIDRAMAPPAGOUDA MALI PATIL,
AGE: 37 YEARS,
Digitally signed OCC: AGRICULTURE,
by SACHIN
Location: HIGH
COURT OF BOTH ARE R/O: YEDRAMI
KARNATAKA TQ: YEDRAMI
DIST: KALABURAGI - 585 325.
...APPELLANTS
(BY SRI DEEPAK V.BARAD, ADVOCATE)
AND:
LEELAVATI GOUDATI
W/O LATE MAHANTGOUDA
S/O SIDRAMAPPAGOUDA MALI PATIL
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NC: 2026:KHC-K:259-DB
RFA No. 200276 of 2025
HC-KAR
AGE: 70 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: YEDRAMI,
TQ; YEDRAMI, DIST: KALABURAGI - 585 328.
...RESPONDENT
(BY SRI PRANESH R.K., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE,
PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY
BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE
DATED 06.03.2025 PASSED BY SENIOR CIVIL JUDGE AT
JEWARGI IN O.S.NO.85/2024 CONSEQUENTLY PLEASE TO
DECREE THE SUIT OF THE PLAINTIFFS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS REGULAR FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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NC: 2026:KHC-K:259-DB
RFA No. 200276 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ) This appeal is filed by the plaintiffs in O.S.No.85/2024 on the file of the learned Senior Civil Judge at Jewargi challenging the judgment and decree dated 06.03.2025 by which their suit for partition and separate possession of the suit properties was dismissed.
2. When this appeal is listed for admission, the parties have filed a petition under Order XXXIII Rule III of the Code of Civil Procedure. The relevant terms of the said petition reads as follows:
"2. By the intervention of the well-wishers and family friends, the matter has been settled between the parties and the parties have agreed for following terms and settled the suit properties as agreed below.
SUIT PROPERTIES:
Description of suit properties I. "A" Schedule landed properties:-4-
NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR
1. Survey No 225 measuring 19 acres 29 gunta of village Yadrami, Tq: Yadrami, Dist:
Kalaburagi, East : Kona Sirasagi road and Sy.No.226 West : Mallannagouda Rudragouda Patil North : Ninganna Yalagi South : Golalappa Talikoti
2. Land Survey No 46 measuring 29 acres 05 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi out which Phot kharab (B) 2 acre 39 gunta net cultivable extent 12 acres 13+ 1 acre 14 guntas Photkharab standing in the Defendant name of w/o adjacent towards Jayshree Mallannagouda Patil.
Bounded by:
East : Dr. Joshi SY NO 42West : Kalappa Pattar (SY NO 55) North : Mahesh Kuknoor (SY NO 44) South: Yatnal Road Then (SY. NO
3. Land Survey No 234 measuring 15 acres 08 situated at Yadrami, Tq: Yadrami, Dist:
Kalaburagi.
Bounded by:
East: Land of Defendant (SY.NO 235 & 236) West: Land of Siddayya Horginmath (233) North :Government Land South:Old Card Road then Land of Bandeeppa Bandeppagol Sy. NO 9 and 8
4. Land Survey No 446 measuring 4 acres 12 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi.-5-
NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR Bounded by:
East : Land of Mullagol (447) West : Road to Virakathmath North : Mallanagouda B. Malipatil (448) South: Land of Neelkant Dambal and of Basavarajappagouda Tyavermani (445)
5. Land Survey No 236 measuring 17 acres 16 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi, East : Nagalingeshwar Colony -Govt.
Land (237) West : Land of Defendant (235) North : Land Sy. No not mentioned in the map South: Cart-Way (2 and 449) II. "B" Schedule Properties
1. Shop No 4-125 measuring EW 4.769 Mtrs' x NS 8.534417 Mtrs' Ground Floor and First Floor Plinth Area 40.67957 Sq.meter + Parking place Bounded by:
East : Shop of Ganganna Kusti West : Shop of Defendant North : House of Barisab Chowadari South : Main road
2. Shop No 2-94 old Constructed Ground Floor and First Floor East-West 60 North- South 15', 6"
Bounded by;
East : Road -6- NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR West : House of Talikoti North : Shop of Desai South: Road
III. "C" Schedule Properties (Open Plots) 1(A) 17-85 measuring 60 x 80' Bounded by:
East : Main road
West : Passage Road
North : House of Mangs
South: Bhimayya Wadder
1(B) 1-135 measuring and 1-36 totally measuring East to west 78' x North to South 46' having common boundaries Bounded by:
East : Ramalingeshwar Temple West : Shantagoudati Malipatil North : House of Bellad South: House belonging to Defendant 1(C) 1-151 measuring 1-152 and 1-153 total measuring north to South 109' East to West 34' having common boundaries is as under:
Bounded by
East : House of Defendant
West : Old Bazar Road
North : Shantagoudati Mali Patil South: Revansiddappa Hugar 1(D) Open 1-181, 1-182 and 1-163 totally measuring East-West 80' North to south 60' having common boundaries is as under;
-7- NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR East : Adavi Siddheshwar Temple, then road West : shivaling Sunkad North : Guru Ammapur South: Vishwanath Sarkar
IV. "D" Schedule house property 1(A) House No.1-134 constructed house + Open place measuring East-West 119' North-
South 109'
Bounded by
East : Galli Road
West : Open plot of defendant
North : Open plot of defendant
South: Rajugouda Mali Patil
1(B) House No.1-133 Dilapidated house Open place measuring East-West 35' North-South 109' Bounded by East : Galli Road West : Open plot of defendant North : North road South: Rajugouda Mali Patil That the above properties all belong to husband of defendant namely late Mahantgouda S/o Sidramappagouda Malipatil. During his life time; the plaintiffs 1 and 2 orally adopted during the life time of Mahantgouda, one is related the defendant and another one related to the husband of defendant's brother's family as there are no records, they remain foster sons of the Defendant's family.-8-
NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR Both the plaintiffs looking to the defendants and providing every comfort to the Defendant and taking every care, by rendering all service to this Defendant like her natural sons.
That it is also stated here that during the life time of the husband of the Defendant he made all oral arrangement in the family accordingly share allotted by him and as to fulfil the desire of her husband the rest upon the Defendant to made legal arrangement by way this Compromise.
That it is agreed and settled that the properties allotted to Plaintiff No-2 is as under:
1) Survey No 225 measuring 19 acres 29 gunta situated at Yadrami, Tq: Yadrami, Dist:
Kalaburagi, out which 14 acres 29 guntas towards Northern eastern side allotted Plaintiff No-2 1(A) In the aforesaid land 19 acres 29 gunta out of which 5.00 Acres towards Southern right side allotted to the 1st plaintiff he may be declared as owner and possessor of the aforesaid property consisting of the boundaries as follows;
East : Old Kwan Sirasagi Road West : Remaining land allotted to 2nd plaintiff North : Remaining land allotted to 2nd plaintiff South: Golalappa Talikoti land 1(B). Remaining portion of land Survey No. 225 measuring 19 acres 29 gunta out of -9- NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR which 14 acres 29 guntas towards North-
Eastern side Totally bounded by:
East : Portion of land allotted to 1st plaintiff and also old Kwan Sirasagi Road.
West : Mallanagouda Rudragouda Patil land North : Ninganna Yalagi land South : Gollalappa Talikoti land More particularly shown in the sketch map annexed to this petition.
2. Land Survey No 46 measuring 29 acres 05 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi, out which Phot kharab (B) 2 acre 39 gunta net cultivable extent 12 acres 13+ 1 acre 14 guntas Photkharab standing in the name Defendant adjacent towards Jayshree of W/o Mallannagouda Patil, entire extent belonging to the Defendant allotted to Plaintiff No.1 namely Sidramappagouda and he may be declared as owner and possessor of the land.
Bounded by East : Dr. Joshi SY NO 42 West : Kalappa Pattar (SY NO 55) North : Mahesh Kuknear (SY NO 44) South: Yatnal Road Then (SY.NO 47)
3. Land Survey No 234 measuring 15 acres 08 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi, standing allotted to Plaintiff No-1 Sidramappagouda in the name of Defendant
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR Bounded by:
East : Land of Defendant (SY NO 235 &
236) West : Land of Siddayya Horginmath (233) North : Government Land South: Old Card Road then Land of Bandeeppa Bandeppagol Sy. NO 9 and 8
4. Land Survey No 446/1 measuring 4 acres 12 guntas situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi, purchased husband of Defendant now standing in the name Defendant.
Bounded by:
East : Land of Mullagol (447) West : Road to Virakathmath North : Mallanagouda B. Malipatil (448) South: Land of Neelkant Dambal and of Basavarajappagouda Tyavermani (445) 4(A) Western side of the aforesaid land measuring 2 acres 6 guntas out of Sy.No.446 measuring 4 acres 12 guntas has been allotted to plaintiff No.2 and he may be declared as owner and possessor of the land.
Bounded by:
East : Remaining land of plaintiff No.1 West : Road to Virakathmath North : Mallanagouda B. Malipatil (448) South: Land of Neelkant Dambal and Land of Basavarajappagouda Tyavermani (445)
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR 4(B) Eastern side of the aforesaid land measuring 2 acres 6 guntas out of Sy. No.446 measuring 4 acres 12 guntas has been allotted to plaintiff No.1 and he may be declared as owner and possessor of the land.
Bounded by:
East : Land of Mullagol (447) West : Remaining land allotted to plaintiff No.2 North : Mallanagouda B. Malipatil (448) South: Land of Neelkant Dambal and Land of Basavarajappagouda Tyavermani (445)
5. Land Survey No 236 measuring 17 acres 16 gunta situated at Yadrami, Tq: Yadrami, Dist: Kalaburagi, standing in the name of Defendant and the same is allotted Plaintiff No.2 Annappagouda, the aforesaid entire land has been allotted to the plaintiff No.2 and he may be declared as owner and possessor of aforesaid land as bounded below.
East : Nagalingeshwar Colony-Govt.Land (237) West : Land of Defendant (235) North : Land Sy. No not mentioned in the map South : Cart-Way 2 and 449) "B" Schedule Properties
1. Shop No 4-125 measuring EW 4.769 Mtrs x NS 8.534417 Mtrs' Ground Floor and First Floor Plinth Area 40.67957 Sq.meter + Parking place Standing in the name of Defendant out which Ground Floor single shutter and First Floor Single Shutter towards Southern Western side Retained by Defendant
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR and after her demise the same shall be devolved to Plaintiff No-1 Facing towards South and in middle Portion Ground Floor Single Shutter and First Floor Single Shutter retained by Defendant and after her demise the same shall be devolved to Plaintiff No-2 namely Annappagouda.
Towards Eastern Side Ground Floor Single Shutter and Fist Floor Single Shutter sold property to one Vishwanath S/o Irayya Hiremath Having Stair case provided to all for the common use.
Bounded by:
East : Shop of Ganganna Kusti West : Shop of Defendant North : House of Barisab Chowadari South: Main road
2. Shop No 2-94 old Constructed Ground floor and First Floor East-West 60 North-South 15.6" standing in the name Defendant totally allotted Plaintiff No-2 namely Annappagouda he may be declared as owner and possessor.
Bounded by;
East : Road
West : House of Talikoti
North : Shop of Desai
South: Road
"C" Schedule Open Plots
1(A) 17-85 measuring 60' x 80' Open Plot absolutely belonging to Defendant in case if it is remained unsold then it be divided between
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR Plaintiff No-1 and 2 equally as their convenience.
Bounded by:
East : Main Road
West : Passage Road
North : House of Mangs
South: Bhimayya Wadder
1(B) 1-135 measuring and 1-136 totally measuring East to west 78'x North to South 46' having common boundaries standing in the name of Defendant allotted to Plaintiff No-2 Annappagouda he may be declared as owner and possessor.
Bounded by:
East : Ramalingeshwar Temple West : Shantagoudati Malipatil North : House of Bellad South: House belonging to Defendant 1(C) Open Plots 1-151 measuring 1-152 and 1-153 total measuring north to South 109 East to West 34' standing in the name of Defendant, allotted to Plaintiff No-2 Annappagouda he may be declared as owner and possessor, having common boundaries is as under:
Bounded by East : House of Defendant West : Old Bazar Road North : Shantagoudathi Mali Patil South: Revansiddappa Hugar 1(D) Open Plot 1-181, 1-182 and 1-163 totally measuring East-West 80' North to
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR South 60' Standing in the name of Defendant retained in her name absolutely having common boundaries is as under:
Bounded by
East : Adavi Siddheshwar Temple, then
Road
West : Shivaling Sunkad
North : Guru Ammapur
South: Vishwanath Sarkar
"D" Schedule House Property 1(A) House No 1-134 Constructed House + Open place measuring East-West 119 North- South 109' allotted Sidramappaagouda he may be declared as owner and possessor.
Bounded by
East : Galli Road
West : Open Plot of Defendant
North : Open plot of Defendant South: Rajugouda Mali Patil 1(B) House No 1-133 Open place measuring East-West 35' North-South 109' allotted to Plaintiff No-1 namely Sidramappagaouda he may be declared as owner and possessor.
Bounded by
East : Galli Road
West : Open Plot Defendant
North : North Road
South : Rajugouda Mali Patil That, arrangements made by the Defendant in favour Plaintiffs 1 and 2 accepted and satisfied the defendant
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR delivered the possession also to the Plaintiffs by the Defendant.
The properties retained as stated supra by the Defendant remained absolutely to the Defendant and after her demise if the property unsold shall be devolve on the Plaintiffs as arrange.
As to avoid the consequences in future, and settled the matter at rest this compromise settled by the Defendant.
Allotted share to the Plaintiffs 1 and 2 as per aforesaid compromise the 1st plaintiff and 2nd plaintiff may be declared as an owner and possessor of the aforesaid properties mentioned in the compromise, their names may enter their name in the official revenue records immediately and respective cost borne by the Plaintiffs respectively.
Contents of compromise read over and explained in Kannada Language and the contents are true and correct. Accordingly separate affidavit filed respectively by the parties to the suit."
3. It appears that, as per the compromise, the parties have divided the suit properties amicably. Since the compromise entered into between the parties is just and proper and is not opposed to any law, the same is accepted.
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NC: 2026:KHC-K:259-DB RFA No. 200276 of 2025 HC-KAR
4. The parties are present before the Court and they are identified by their respective counsel.
5. The parties acknowledge that they have understood the terms of the compromise. In token of acceptance of the said terms, the parties have affixed their signature on the order sheet of this Court.
6. In view of the above, this appeal as well as the suit filed in O.S.No.85/2024 on the file of the learned Senior Civil Judge at Jewargi are disposed of in terms of the compromise.
7. Office is directed to draw a decree in terms of the compromise.
Sd/-
(R.NATARAJ) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE SHS/List No.: 1 Sl No.: 60