IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.1787/2005 C/W R.F.A.No.987/2014, R.F.A.No.391/2006 R.F.A.No.1787/2005: BETWEEN:
C S RUDRAIAH SINCE DECEASED BY LRS 1. SMT CHINNAMMA W/O LATE C S RUDRAIAH AGED 73 YEARS, R/A CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMAGALUR TALUK CHICKAMAGALUR DISTRICT-577 101 2 . C R MANJUNATHA S/O LATE C S RUDRAIAH SINCE DECEASED BY LRS.
(a)GAYATHRI AGED 36 YEARS, W/O LATE MANJUNATHA R/AT CHANNAGONDANAHALI HIREKOLALE POST, CHIKAMGALUR TALUK, CHIKMAGALUR DISTRICT-577 101 (b) KUMARI AKSHATHA D/O LATE MANJUNATHA MAJOR R/AT CHANNAGONDANAHALI HIREKOLALE POST, CHIKAMGALUR TALUK CHIKMAGALUR DISTRICT- 577 101 (c) MASTER AKASH S/O LATE MANJUNATHA MAJOR, R/AT CHANNAGONDANAHALI HIREKOLALE POST, CHIKAMGALUR TALUK CHIKMAGALUR DISTRICT- 577 101 3. C R DEVARAJU AGED 42 YEARS, S/O LATE C.S.RUDRAIAH R/AT CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMGALUR TALUK, CHIKMAGALUR DISTRICT-577 101 4. C R SOMASEKHARA @ SOMESHA AGED 37 YEARS, S/O LATE C S RUDRAIAH, MALLIKARJUNA STD CENTRE, K M ROAD, OPP.SANTHEGATE, CHIKAMAGALUR-577 101.
5. SMT PUSHPA AGED 36 YEARS, D/O LATE C S RUDRAIAH W/O A S PRAKASH, R/AT NO.45/1, GOVINDAPPA ROAD, BASAVANAGUDI BANGALORE-560004.
6.SMT BHAGYALAKSHMI @ BABY AGED 32 YEARS, D/O LATE C S RUDRAIAH W/O MANJUNATH @ RENUKARADHYA R/AT MARUTHINAGAR, ARASIKERE, HASSAN DISTRICT- 573 103. ..APPELLANTS (BY SRI B N ANANTHANARAYANA, ADVOCATE) AND:
1 . SMT RUDRAMMA AGED 87 YEARS, W/O LATE CHANNABASAVAIAH SINCE DEAD BY LR-R-2 2 . SMT JAYAMMA AGED 58 YEARS W/O RUDRE GOWDA D/O LATE CHANNABASAVAIAH R/AT CHANNAGONDANAHALI HIREKOLALE POST, CHIKAMAGALUR TALUK CHICKAGALUR DISTRICT- 577 101 3 . SMT GANGAMMA AGED 73 YEARS, W/O LATE C S SIDDAPPAIAH, PRESENTLY R/AT CHANNAGONDANAHALLI HIREKOLALE POST, CHIKMAGALUR DISTRICT- 577 101 4 . C S UMA MAHESH AGED 50 YEARS, S/O LATE C S SIDDAPPAIAH, R/AT CHANNAGONDANAHALLI HIREKOLALE POST, CHIKMAGALUR DISTRICT- 577 101 5 . C S PRAKASH AGED 55 YEARS, S/O LATE C S SIDDAPPAIAH SUPERVISOR, AGRICULTURAL DEPARTMENT, SANGAMESHWARA NILAYA BEHIND MERCHANT CLUB, MARKET ROAD, ARASIKERE -573 103. ..RESPONDENTS (R-1 –DEAD, R-2 –LR OF DECEASED R-1, SRI R.B.DESHPANDE, ADVOCATE FOR R-2, SRI D.C.JAGADEESH, ADVOCATE FOR R-3 TO R-5) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.11.2005 PASSED IN O.S.NO.2/97 ON THE FILE OF THE CIVIL JUDGE (SR.DN), CHIKMAGALUR, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
R.F.A.No.987/2014:
BETWEEN:
1 . SRI C B CHANDRASHEKAR S/O LATE BASAPPA SHETTY AGED ABOUT 65 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 2 . SRI C B RAJASHEKAR S/O LATE BASAPPA SHETTY AGED ABOUT 55 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 ..APPELLANTS (BY SRI RAGHUNATH M D., ADVOCATE) AND:
1 . SMT. JAYAMMA D/O LATE CHANNABASAVAIAH AND W/O RUDREGOWDA AGED ABOUT 67 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 2 . C S RUDRAIAH SINCE DECEASED BY LRS SMT CHINNAMMA W/O LATE C S RUDRAIAH AGED ABOUT 82 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 3 . C R MANJUNATHA S/O LATE C S RUDRAIAH SINCE DECEASED BY LRS SMT GAYATHRI AGED ABOUT 45 YEARS W/O LATE C R MANJUNATHA R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 4 . KUM AKSHATHA D/O LATE C R MANJUNATHA AGED ABOUT 21 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 5 . AKASH S/O LATE C R MANJUNATHA AGED ABOUT 20 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 6 . C R DEVARAJU S/O LATE C S RUDRAIAH AGED ABOUT 51 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 7 . SOMESHA S/O LATE C S RUDRAIAH AGED ABOUT 46 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 8 . SMT PUSHPA D/O LATE C S RUDRAIAH W/O A S PRAKASH AGED ABOUT 45 YEARS NO.45/1, GOVINDAPPA ROAD BASAVANAGUDI BANGALORE-560004 9 . SMT BABY @ BABAVATHI D/O LATE C S RUDRAIAH W/O MANJUNATHA @ RENUKARADHYA AGED ABOUT 41 YEARS R/O MARUTHINAGARA ARASIKERE HASSAN DISTRICT-573103 10 . SMT GANGAMMA W/O LATE C S SIDDAPPAIAH AGED ABOUT 82 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 11 . C S UMA MAHESH S/O LATE C S SIDDAPPAIAH AGED ABOUT 59 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 12 . C S PRAKASH S/O LATE C S SIDDAPPAIAH AGED ABOUT 64 YEARS R/O CHANNAGONDANAHALLI VILLAGE HIREKOLALE POST CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577101 ..RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.11.2005 PASSED IN O.S.NO.2/97 ON THE FILE OF THE COURT OF CIVIL JUDGE (SD), CHIKMAGALUR DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
R.F.A.No.391/2006:
BETWEEN:
1 . GANGAMMA W/O LATE C.S. SIDDAPPAIAH AGED 73 YEARS R/O CHANNAGONDANAHALLI] HIREKOLALE POST CHIKAMAGALUR TALUK AND DISTRICT- 577 101 2 . C S UMA MAHESH S/O LATE C.S. SIDDAPPAIAH AGED 50 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST CHIKAMAGALUR TALUK AND DISTRICT-577 101 3 . C S PRAKASH S/O LATE C S SIDDAPPAIAH AGED 55 YEARS SUPERVISOR AGRICULTURAL DEPARTMENT SANGAMESHWARA NILAYA, BEHIND MERCHANT CLUB, MARKET ROAD, ARASIKERE-573 103 ..APPELLANTS (BY SRI D C JAGADEESH, ADVOCATE) AND:
1 . RUDRAMMA S/O LATE CHANNABASAVAIAH AGED 87 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST CHIKAMAGALUR TALUK AND DISTRICT- 577 101 2 . SMT JAYAMMA D/O LATE CHANNABASAVAIAH AGED 58 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST CHIKAMAGALUR TALUK AND DISTRICT- 577 101 3 . C S RUDRAIAH SINCE DEAD BY LRS (a) SMT CHINNAMMA W/O LATE C.S. RUDRAIAH AGED 73 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST CHIKMAGALUR TALUK AND DISTRICT- 577 101 (b) C R MANJUNATHA S/O LATE C S RUDRAIAH SINCE DEAD BY LRS (i)SMT GAYATHRI W/O LATE MANJUNATHA AGED 36 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMAGALUR TALUK AND DISTRICT- 577 101 (ii) KUMARI AKSHATHA D/O LATE MANJUNATHA MAJOR R/O CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMAGALUR TALUK AND DISTRICT- 577 101 (iii) MASTER AKASH S/O LATE MANJUNATHA MAJOR R/O CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMAGALUR TALUK AND DISTRICT- 577 101 4. C R DEVARAJU S/O LATE C.S. RUDRAIAH AGED 42 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST, CHIKAMAGALUR TALUK AND DISTRICT- 577 101 5. SOMESHA S/O LATE C.S. RUDRAIAH AGED 37 YEARS MALLIKARJUNA STD CENTER, K.M ROAD, OPP. SANTHEGATE CHIKAMAGALUR- 577 101 6. SMT PUSHPA D/O LATE C S RUDRAIAH AND W/O A.S. PRAKASH R/AT NO.45/1 GOVINDAPPA ROAD, BASAVANGUDI, BANGALORE -560 004 7. BABY @ BABAVATHI D/O LATE C.S. RUDRAIAH W/O MANJUNATHA@ RENUKARADHYA AGED 32 YEARS R/O MARUTHINAGAR, ARASIKERE, HASSAN DISTRICT- 573 103 ..RESPONDENTS (R-1 –DEAD, R-2 –LR OF DECEASED R-1 VIDE ORDER DATED 30.11.2012, R-2-SERVED, SRI B.N.ANANTHANARAYANA, ADVOCATE FOR R-3(a), b(i), R-4 to R-7) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.11.2005 PASSED IN O.S.NO.2/97 ON THE FILE OF THE CIVIL JUDGE (SR.DN) CHIKMAGALUR, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THESE RFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT By virtue of completion of age of 18 years, guardianship of appellants -Kumari Akshatha and Master Akash are discharged. I.A.1/2019 filed in RFA 1787/2005 in this regard is allowed.
2. Learned counsel for appellants has filed a memo stating that appellants are giving up respondents 3 and 5 from the appeal as no reliefs are claimed. Appeal is dismissed against respondents 3 and 5.
3. Learned counsel for both the parties submit that the parties have compromised the matter and they have filed a compromise petition under Order XXIII Rule 3 of CPC duly signed by the parties and attested by their respective counsel. All the parties to the lis are present. Learned counsel for the parties identified their respective parties.
4. The terms of compromise appears to be lawful and accepted.
RFA No.1787/2005 is disposed of in terms of the compromise petition.
However, appellants are directed to file separate valuation slip regarding court fee and are entitled for refund of the same in accordance with law.
Learned counsel for appellant in RFA No.987/2014 files a memo stating that in view of the settlement reported in RFA No.1787/2005, appeal may be dismissed as not pressed.
Memo is placed on record.
I.A.1/2015 is filed for recalling the order of dismissal dated 11.02.2015.
For the reasons mentioned in the affidavit accompanying the application. Order dated 11.02.2015 is recalled.
Appeal is restored to file.
In view of the memo, RFA No.987/2014 is dismissed.
Learned counsel for appellants in RFA No.391/2006 files a memo stating that the dispute between the appellants and respondents has been amicably settled in respect of the property in dispute, as per the terms of compromise entered into between the parties in RFA No.1787/2005. Hence, this memo is filed for dismissal of the appeal in terms of the above as not pressed.
Memo is placed on record.
In view of the memo, RFA No.391/2006 is dismissed.
Sd/- JUDGE SBN