PRAKASHA. M vs SMT. SMITHA @ SUNITHA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58313
RSA No. 1530 of 2021
CNR: KAHC010068432021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.1530 OF 2021 (PAR)
BETWEEN:
PRAKASHA M.,
S/O MAHADEVA SHET,
HINDU,
AGED ABOUT 51 YEARS,
R/O HOSBALE VILLAGE,
ULAVI HOBLI, SORABA TALUK,
SHIMOGA DISTRICT.
…APPELLANT
(BY SRI T C SATHISHKUMAR, ADVOCATE)
AND:
1. SMT.SMITHA @ SUNITHA
W/O LATE DATTATREYA,
HINDU,
NOW AGED ABOUT 35 YEARS,
2. KUM.SUPREETHA
D/O DATTATREYA,
HINDU,
AGED ABOUT 14 YEARS,
SINCE MINOR,
R/BY HER MOTHER,
AS NATURAL GUARDIAN,
BOTH ARE R/O CHANDRAGUTTI VILLAGE,
CHANDRAGUTTI HOBLI,
SORABA TALUK - 577 429.
3. SMT.SHASHIKALA V.,
DEAD BY HER LR
Digitally signed
by ANUSHA V
Location: High
Court of
Karnataka
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NC: 2026:KHC:58313
RSA No. 1530 of 2021
CNR: KAHC010068432021
3(a) SMT.SRIDEVI V.,
D/O VISHWANATHA @ BASAVARAJ
AGED ABOUT 32 YEARS,
C/O SANTHOSH SHIVANAPURA KRISHNAPPA
5-249/4/J, ASHOKNAGAR,
SWIMMING POOL ROAD,
JADCHERLA POST,
MAHABUBNAGAR DISTRICT,
TELANGANA - 509 301.
4. SMT.POORNIMA R.,
W/O RAGHAVENDRA. M,
HINDU, MAJOR,
R/OF SHANTHINAGAR,
KELADI ROAD,
SAGAR TALUK - 577 401.
5. SMT.JYOTHI M.,
W/O MOHAN,
HINDU, MAJOR,
R/AT NO.64, MYSORE LAMPS LAYOUT,
MUNISWAMAPPA EXTENSION,
DODDABIDAREKALLU,
NAGASANDRA POST,
BANGALORE - 560 073.
…RESPONDENTS
(BY SRI SHIVAKUMAR A R., ADVOCATE FOR R1 & R2;
SRI M.V.MURTHY, ADVOCATE FOR R4 & R5)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 04.02.2020 PASSED IN
RA.NO.32/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., SORABA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 11.06.2019
PASSED IN OS.NO.275/2011 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE AND JMFC., SORABA.
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HC-KAR
NC: 2026:KHC:58313
RSA No. 1530 of 2021
CNR: KAHC010068432021
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and decree dated 04.02.2020
passed by Senior Civil Judge and J.M.F.C at Soraba, in RA
no.32/2019 and confirming judgment and decree dated
11.06.2019 passed by Additional Civil Judge and J.M.F.C at
Soraba, in OS no.275/2011, this second appeal is filed.
2. Sri T.C. Sathishkumar, learned counsel for appellant
– defendant no.2, Sri A.R. Shivakumar, learned counsel for
respondents no.1 and 2 – plaintiffs and Sri M.V. Murthy,
learned counsel for respondents no.3(A), 4 and 5 - defendants
no.3 to 5 submit that during pendency of appeal, parties have
arrived at settlement and terms of which are drawn in
compromise petition placed before Court and prayed that
appeal may be disposed of in terms of compromise.
3. Terms of compromise reads as under:
"COMPROMISE PETITION FILED UNDER ORDER 23
RULE 3 OF THE CIVIL PROCEDURE CODE BY THE
APPELLANT & RESPONDENTS 1 to 5:
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HC-KAR
NC: 2026:KHC:58313
RSA No. 1530 of 2021
CNR: KAHC010068432021
1. The respondents 1 & 2 being the wife and daughter
of deceased Dattatreya filed suit as plaintiffs for
partition and separate possession of the Suit
Schedule properties before Addl. Civil Judge at
Soraba in O.S.No.275/2011 against the appellant
herein as defendant No.2 and his deceased father
rd
Mahadeva Shet as defendant No.1 claimed 1/3
share in the suit schedule properties. During the
pendency of said suit, the original defendant No.1
/Mahadeva Shet, died and his LR's being the
appellant, the respondents 1 & 2, (the wife and
daughter of deceased second son /Dattatreya), and
the respondents 3 to 5 herein as daughters are
brought on record
th
2. The Trial court decreed the suit by allotting 1/5
share in favour of respondents 1, 3 to 5 & plaintiffs
jointly vide its judgment and decree dated
11/6/2019. Aggrieved by the said judgment and
decree passed by the trial court, this appellant being
defendant No.2 has preferred appeal in
R.A.No.32/2019 before the Senior Civil Judge &
JMFC, Soraba challenging the legality and
correctness of the said judgment. The Hon'ble I
Appellate court has dismissed the appeal confirming
the judgment passed by the trial court in
O.S.275/2011.
3. Infact, during pendency of the said appeal,
Respondent No.1 has managed to get her and her
daughter/respondent No.2 share by entering into
partition on 6.4.2014, wherein she has taken 25
guntas of land for the share of respondents 1 & 2 in
Sy.No.4 by setting apart remaining land in the said
Survey number. The said fact was not considered by
the I Appellate court. Thus, the appellant preferred
the above appeal before this Hon'ble court
challenging the judgment passed by both the courts.
Moreover, the respondent No.3 Smt.Shashikala V.
died on 2.12.2024 and her daughter/Smt.Sridevi V.
was brought on record as LR and arrayed as
respondent No.3(a).
4. Further, on passage of time, and on the advises of
elders and the well-wishers of the family, the
appellant and the surviving respondents 3(a) to 5
have conceded to settle their dispute amicably to put
an end to the long pending litigation at the consent
of Respondents 1 & 2 for being affirmed their share
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RSA No. 1530 of 2021
CNR: KAHC010068432021
under earlier Family Palu Parikath dated 4.6.2014
entered between appellant and respondents / & 2.
for the parties to the suit are of the same family
members. Thus, the settlement arrived by the
Appellant and all the respondents, have filed this
Compromise petition at their free hands without any
fraud, misrepresentation, coercion and compulsions
by amicably allotting their respective shares of the
Suit Schedule properties as described below to enjoy
themselves as of their own.
Item No.1 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Kodanakatte village, bearing
Sy.No.1/1 measuring 7 guntas Aracanut Garden and
12 guntas of Kharab, assessed for Tax/Khandaya of
91 Paise, having fixed survey bondh stones is
allotted to the share of Appellant/Prakasha M. S/o
Mahadev Shet.
Item No.2 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Hosabale village bearing
Sy.No.3 measuring 10 guntas of Aracanut Garden
assessed for Tax/Khandaya of Rs.4/- having fixed
survey bondh stones is allotted to the share of
Appellant/Prakasha M. S/o Mahadev Shet
Item No.3 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Kodanakatte village, bearing
Sy.No.4 measuring 35 guntas of Aracanut Garden
and 1 gunta Kharab assessed for Tax/Khandaya of
Rs.15 and 13 Paise having fixed survey bondh stones
In which 25 guntas of land with Aracanut Plantation
is allotted to Smt.Smitha/Respondent No.1 and
for her daughter/Supreetha/ Respondent No.2
by way of Registered Parikath Patra dated 4.6.2014
as Document No.605/2014-15, Book No.I at Page
No.5, at their demands to effect partition among
plaintiffs/respondents 1 & 2 and appellant
/defendant No.2 entered during pendency of original
suit. The said Registered Hisse Palu Parikath dated
4.6.2014 is enclosed for perusal of this Hon'ble
court.
Further, the said land of Sy.No.4 was phoded as
Sy.No.4/1 & 4/2. The remaining 10 guntas of land in
Sy.No.4/1 of Aracanut Garden, which is in the joint
names of Smt.Poornima, Smt.Sunitha,
Smt.Jyothi, Smt.Shashikala & M.Prakasha is
allotted to the share of Appellant/M.Prakasha.
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NC: 2026:KHC:58313
RSA No. 1530 of 2021
CNR: KAHC010068432021
The land of Sy.No.4/2 measures 25 guntas of land of
Aracanut Garden has been already allotted to the
share of Smitha/Respondent No.1 & Respondent
No.2 under the earlier Hisse Palu Parikath dated
4.6.2014 along with the Khaneshumari Property
No.6, and have given up their rights in the other
family properties, but they are the signatories to this
Compromise petition.
Respondents No.3(a), 4 & 5 would not claim any
share in the land of Sy.No.4/1 & Sy.No.4/2 of
Kodanakatte village, Soraba Taluk, Shimoga District.
The remaining land of Sy.No.4/1 measuring 10
guntas, is allotted to the share of Appellant.
Item No.4 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Kodanakatte village bearing
Sy.No.36/2 measuring 1 acre 27 guntas land and I
gunta Kharab assessed for Tax/Khandaya of 32 Paise
having fixed bondh and survey stones is allotted to
respondent No.3(a), respondent No.5 & Appellant as
under;
i) In the land of Sy.No.36/2, out of 1 acre 27 guntas,
the Respondent No.3(a) /Smt.Shridevi V. D/o
Late Shashikala V. is allotted 25 guntas as of her
share with boundaries of
East by: Road
West by: Land of Arun Patil
North by: Road
South by: Land allotted to Jyothi
ii) In the land of Sy.No.36/2, out of 1 acre 27
guntas, the Respondent No.5/Smt.Jyothi, is
allotted 20 guntas as of her share with boundaries of
East by: Road
West by: Land of Arun Patil
North by: Land allotted to Respondent
No.3(a)/Sridevi
South by: Land allotted to Appellant
iii) In the land of Sy.No.36/2, out of 1 acre 27
guntas, the remaining 22 guntas of land is allotted to
the share of Appellant M.Prakasha with boundaries
of
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RSA No. 1530 of 2021
CNR: KAHC010068432021
East by: Road
West by: Land of Arun Patil
North by: Land Allotted to share of Jyothi
South by: Government Land
Item No.5 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Kodanakatte village bearing
Sy.No.37/1 measuring 12 guntas land is Aracanut
Garden L land, assessed for Tax/Khandaya of Rs.1 &
85 Paise having fixed bondh and survey stones is
allotted to the share of Respondent No.4/
Smt.Poornima.
Item No.6 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Hosabale Village Panchayath,
Hosabale village at Sl.No.47, in House Property
No.13 including backyard is allotted to the share of
Appellant M.Prakasha with boundaries of
East by: Lake,
West by: PWD Road
North by: Gopala Temple,
South by: House of Bhimabatta
Item No.7 of Suit Schedule Property: Soraba
Taluk in Ulavi Hobli of Hosabale Village Panchayath,
Kodanakatte village, Sl.No.9, in House Property No.8
and of 2, 6 & 32 including backyard
a) Property No.8P measuring East to West-200 feet
and North to South -55 feet of Kodanakatte village,
Hosabale Grama Panchyath, Ulavi Hobli,
SorabaTaluk, Shimoga District with boundaries of
East by: Govt. Road
West by: Gerukoppal
North by: Wire Fencing of Sheshagiriyppa House
South by: Khaneshumari Property No.8
The said House property is allotted to the share of
Appellant/M.Prakasha In addition, the remaining
Khaneshumari property No.32 & 8 left out area is
also allotted to the Appellant/M.Prakasha.
b) Property No.6 measuring East to West -73.84
Mtrs. and North to South -10.76 Mtrs. of
Kodanakatte village, Hosabale Grama Panchyath,
Ulavi Hobli, Soraba Taluk, Shimoga District with
boundaries of
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RSA No. 1530 of 2021
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East by: Govt. Road
West by: Govt.Forest
North by: House of Seethabai, Mahadev Shet
South by: House of Sridharabhatt
is allotted to the joint shares of Respondents No.1
& 2 (Smt.Smitha @ Sunitha & Supreetha)
Item No.8 of Suit Schedule property: In the Land
property bearing Sy.No.37/3, measuring 1 acre 21
guntas of Kodanakatte village, Ulavi Hobli, Soraba
Taluk, Shimoga District having M.R.No.T3/2024-
2025,
i) On Eastern side, the land measuring 20 guntas is
allotted to the share of Smt.Poornima
R./Respondent No.4 , as of her share with
boundaries
East by: Land of Arun Patil
West by: Land bearing Sy.No.37/3 allotted to
Appellant share
North by: Road
South by: Government Land
ii) On the Western side, the land measuring 1 acre 1
gunta is allotted to the share of
M.Prakasha/Appellant , as of his share with
boundaries
East by: Land allotted to Poornima
West by: Garden Land of Sy.No.37/2
North by: Road
South by: Government Land
5. The Appellant and respondents have voluntarily
entered into the above compromise terms by
themselves without any influence of fraud or undue
influence of any person and to resolve their disputes
amicably, they set their hands to this compromise
petition and conceded to act upon the aforesaid
terms by all the parties to the suit.
6. In addition, if any other family properties left out
from the suit or of compromise petition, these
properties shall be affirmed in the name of Appellant
or his family members to avoid future litigations to
be raised by any person for the said Appellant has
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RSA No. 1530 of 2021
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been thrived all through to safeguard the family
properties.
Wherefore, the Appellant and the respondents
pray this Hon'ble Court be pleased to pass decree
among themselves in the above appeal in terms of
the above compromise petition, in the interest of
justice and equity."
4. Parties are present and are identified by their
respective counsel.
5. On interaction, parties have stated that terms and
conditions of compromise petition have been explained to them
and that, having understood same, they have consented to
settlement out of their own free will and volition, without any
threat, coercion or undue influence from anybody.
6. Compromise petition is duly signed by both parties,
whose signatures are identified by their respective counsel and
settlement reported by them.
7. I have perused terms of compromise petition. Same
are found to be lawful.
8. Compromise petition is taken on record and
accepted.
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RSA No. 1530 of 2021
CNR: KAHC010068432021
9. In terms of compromise, appeal is allowed ,
judgment and decree passed by trial Court/first appellate Court
stand modified .
Registry to draw decree incorporating terms of
compromise.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
List No.: 1 Sl No.: 12