In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28th DAY OF JANUARY 2015

BEFORE

THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH

Regular First Appeal No.1472 / 2005

C/w. RFA.Crob.No.41 / 2006 In RFA.No. 1529 / 2005

RFA.No.1472/2005 :

BETWEEN:

B.Honnaiah s/o late Boraiah Since deceased, by LRs:

a) Jayamma w/o late B.Honnaiah, Aged 76 yrs, R/at No.40, Agrahara Hasarahalli, Magadi Main Road, Bangalore.

b) H.Jaganath S/o late B.Honnaiah, Aged 60 yrs, R.at No.411, RHCS Layout, 9 th Cross, Annapurneswari Nagar, Bangalore.

c) Renuka W/o late Vaidyanatheswara, D/o late B.Honnaiah, 58 yrs, R/at No.6, Opp: KEL Society, Behind BDA Complex, 2nd Stage, Nagarabhavi, Bangalore.

d) H.Nagendra S/o late B.Honnaiah, 54 yrs, R/at No.40, Agrahara Dasarahalli, Magadi Main Road, Bangalore.

e) H.Venugopal S/o late B.Honnaiah, 50 yrs, R/at No.65/4, 3rd Main Road, Ranganathapura K. Palya, Magadi Road, Bangalore.

f) Indira Devi H. W/o Gopalakrishna, D/o late B.Honnaiah, 49 yrs, R/at No.1, Sirur Park Road, Malleshwaram, Bangalore.

g) H.Vijayalakshmi W/o M.K.Gangadhar, D/o late B.Honnaiah, 41 yrs, R/of No.202/Y, 1 13 th Main, 3 rd Block, Rajajinagar, Bangalore.

h) H.Yuvaraj S/o late B.Honnaiah, 40 yrs, R/at No.40, AGrahara Dasarahalli, Magadi Main Road, Bangalore. .. Appellants

( By Sri S.K.Venkata Reddy, Advocate Smt.K.Nalina and Sri B.A.Nanjundareddy, Advocates )

AND:

1. Hanumanthappa S/o late Boraiah Since deceased by his LRs:

a) Sarojamma W/o late Hanumanthappa 72 yrs, R.at No.228, Kamakshipalya, Magadi Main Road, Bangalore.

b) Saraswathamma H. D/o late Hanumanthappa W/o late Rudrappa, 55 yrs, R/at No.245, 12 th Cross, Ananthamurthy Layout, Srinagar, Bangalore. c) Lalitha H. D/o late Hanumanthappa W/o Veeranna, 52 yrs, R/at No.71, 6 th Cross, Jagajyothi Layout, Bangalore. d) Sujatha H. D/o late Hanumanthappa W/o Ramachandra, 47 yrs, R/at No.36, 1 st Main Road, 1st Cross, Obalappa Garden, Bangalore. e) Manjunath H. S/o late Hanumanthappa, 46 yrs, R/at No.227, 1 st Main Road, Near Old Govt.School Kamakshipalya, Magadi Main Road, Bangalore. f) Sundaraju S/o late Hanumanthappa, 43yrs, R/at No.228 1 st Main Road, Near Old Govt.School Kamakshipalya, Magadi Main Road, Bangalore. g) Gangadhara H. S/o late Hanumanthappa, 40yrs, R/at No.228 1 st Main Road, Near Old Govt.School Kamakshipalya, Magadi Main Road, Bangalore.

h) Roopa H. Do late Hanumanthappa, W/o Ramesh B.R. 38rs, R/at 1 st Floor, 8th Main, 3 rd Stage, 3 rd Block, Basaveshwaranagar, Bangalore.

2. Kalasappa s/o late Boraiah Since deceased, rep. by LRs:

a) K.Shivashankar S/o late Kalasappa, 38 yrs, R/o Kamakshipalya Village, Magadi Road, Bangalore.

b) K.Vasu, Since deceased, rep.by LRs:

i) Smt.Gowramma, W/o late K.Vasu, 45 yrs,

ii) Vijay Kumar S/o late K.Vasu, 23 yrs,

iii) Umesh S/o late K.Vasu, Aged 21 yrs,

R-2(b)(i) to (iii) are R/at No.202, Byraveshwara Nilaya, Kaveripuram, Kamakshipalyam Next to Temple of Shanimahatma, Bangalore.

c) Jayalakshmamma, W/o Harinarayan, 30 yrs, R/of No.69, Gokul, 1 st Stage, 1st Phase, Mathikere, II Cross, Bangalore.

3. B.Krishnappa, S/o late Boraiah,

55 yrs, R/at No.35, 2 nd Main, 2nd Stage, 3 rd Block, Nagarabhavi Ring Road, (near BDA Complex) Bangalore.

4. Smt.Boramma, D/o late Boraiah W/o Rangappa, 54 yrs, R/of Thagiikuppe Village, Magadi Taluk, Bangalore.

5. Smt.Lakshmamma, W/o Rangaiah, D/o late Boaraiah, 65 yrs, R/of No.25/114, MES Extn., T.B.Road, Magadi Town, Bangalore.

6. Smt.Honnamma, W/o B.Krishnappa, Major, R/of Kamakshipalya, Magadi Road, Bangalore.

7. Smt.Sarojamma, W/o Hanumantappa, Major, R/of Kamakshipalya, Magadi Road, Bangalore.

8. Smt.Puttamma, W/o late Kalasappa, Major, R/of Kamakshipalya, Magadi Road, Bangalore.

9. Smt.Parvathi Subramanyam, w/o K.V.Subramanyam, 57 yrs, R/at No.278/C, 8 th Cross, III Stage, Prakashnagar, Bangalore.

10. Ganesh S/o Shanmugam, 60 yrs, R/at No.25, 6 th Cross, 5th Block, Rajajinagar, Bangalore.

11. Smt.N.Arbuda Selvam, W/o N.Jayaram, 57 yrs, R/at No.U-4, 4 th Main Road, Swathanthra Palya Srirampuram, Bangalore.

12. Smt.C.M.Thangammal W/o L.G.Ponnuswamy, 66 yrs, R/at No.50, 1st Cross, Hanumanthapura, Bangalore.

13. Manikyam @ Venkatesh S/o Krishna Swamy, 75 yrs, R/at No.458, Indira Colony West of Chord Road, Rajajinagar, Bangalore.

14. Smt.Kuppamma W/o V.K.Manikyam, 60 yrs, R/at No.278/C, III Cross, Prakash Nagar, Bangalore.

15. Smt.Lalithamma W/o K.Ganesh, 50 yrs, R/at No.280, 7 th Cross, Prakash Nagar, Bangalore. .. Respondents

( By Sri V.B.Shivakumar, Advocate for R-7, Sri Patel D.Karegowda, Advocate for R-1 (E, F, G), Sri Harish O.K., Advocate For R-2A & R8, Sri Harish O.K. & Sri K.L.Srinivasa, Advocate For R-2(C), R2(B (1-3), Sri H.T.Narayan, Advocate for R2 (B)(i) to R2(B) (iii), Sri N.Bayyareddy, Advocate For R-3 & 6, Sri B.V.Achar, Advocate for R-4, Sri C.B.Srinivasan, Advocate for R-5 & R8, Sri H.T.Narayan, Advocate for R-9 to R-15, Sri K.L.Sreenivasa, Advocate for applicant In IA.1/2014 and

Sri S.K.Venkata Reddy, Advocate for R-1 (A-H).

This Appeal is filed under Section 96 r/w Order 41 Rule 1 of CPC against the judgment and decree dated 31.5.2005 passed in O.S.No.8943/1980 on the file of VII Addl.City Civil Judge, Bangalore in so far as dismissing the suit of the plaintiff with respect to item Nos.8 to 10 of schedule-A and schedule-D to P to the plaint.

RFA.Crob.No.41 / 2006 :

Between :

Smt.Boramma By her P.A.Holder R.Thimmegowda, 52 yrs, R/at No.104/9, 4 th B Main Road Govindarajanagar, Bangalore. .. Cross Objector

( By Sri P.Lakshminarayana, Advocate )

And :

1. B.Krishnappa, S/o late Boraiah, 56 yrs, R.at No.35, 1 st Main, 1 st Block, Nagarbhavi 2 nd Stage, Bangalore.

2. B.Honnaiah, S/o late Boraiah, Since deceased, by his LRs:

a) ayamma w/o late B.Honnaiah, Aged 76 yrs, R/at No.40, Agrahara Hasarahalli, Magadi Main Road, Bangalore.

b) H.Jaganath S/o late B.Honnaiah, Aged 60 yrs, R.at No.411, 6th Cross, 2 nd Stage, Nagarabhavi, Bangalore. c) H.Venugopal S/o late B.Honnaiah, 58 yrs, Residing near Mayura Textile, Ranganathapura Kamakshipalya, Bangalore. d) Smt.H.Gowramma, D/o late B.Honnaiah, W/o late Vydyanath, 56 yrs, R/at No.6, KLE School Road, 3rd Block, 2 nd Stage, Nagarabhavi, Bangalore. e) H.Nagendra S/o late B.Honnaiah, 54 yrs, R/at No.40, Agrahara Dasarahalli, Magadi Main Road, Bangalore. f) Smt. Indira H. W/o Gopinath, D/o late B.Honnaiah, 48 yrs, R/at No.3, Sirur Park Road, 2 nd Cross, Malleshwaram, Bangalore. g) H.Vijaya W/o Gangadhar, D/o late B.Honnaiah, 45 yrs, R/of No.202/Y, 13 th Main, 3 rd Block, Rajajinagar, Bangalore. h) H.Kumar S/o late B.Honnaiah, 40 yrs, R/at No.40, AGrahara Dasarahalli, Magadi Main Road, Bangalore.

3. Hanumanthappa S/o late Boraiah,

Since deceased, rep.by his LRs: a) Sarojamma W/o late Hanumanthappa 74 yrs, R.at No.71, 6 th Cross, Jagajyothi Layout, Doddabasthi Road, Kenchanapura Cross, Bangaldore. b) Saraswathamma H. D/o late Hanumanthappa 54 yrs, R/at No.245, 12 th Cross, Ananthamurthy Layout, Srinagar, Bangalore. c) Lalitha H. D/o late Hanumanthappa 52 yrs, R/at No.71, 6 th Cross, Jagajyothi Layout, Doddabasthi Road, Kenchanapura Cross, Bangalore. d) Sujatha H. D/o late Hanumanthappa 49 yrs, R/at K.R.Road, Garadi Apartments, Basavanagudi, Bangalore. e) Smt.Tejaswani @ Roopa, D/o late B.Hanumanthappa, 39 yrs, R/at 114, 1 st Floor, 8 th A Main Road, 3rd Stage, 3 rd Block, Basaweshvaranagar, Bangalore. f) Manjunath H. S/o late Hanumanthappa, 47 yrs, Near Old Govt.School Kamakshipalya Main Road, Bangalore. g) Sundaraju S/o late Hanumanthappa, 45y rs, R/at Kamakshipalya Main Road,

Near Govt.School, Bangalore.

h) Gangadhara H. S/o late Hanumanthappa, 43 yrs, R/at Near Old Govt.School Kamakshipalya, Bangalore.

4. B.Kalasappa Since dead by his LRs:

a) K.Shivashankar S/o late B.Kalasappa, 41 yrs, R/at No.240, Kalasappa Building Basaveshwaranagar Post, Kamakshipalya, Bangalore.

b) K.Vasu, Since deceased, by LRs:

i) Smt.Gowramma, W/o late K.Vasu, 41 yrs,

ii) Vijayakumar, S/o late K.Vasu, 21 yrs,

iii) Umesh s/o late K.Vasu, 20 yrs,

All R/at Kaveripura, Kamakshipalya, Bangalore.

c) Smt.Jayalakshmamma, W/o Harinarayana, 36 yrs, R/at No.69, Gokul 1 st stage, 1st Phase, 2 nd Cross, Mathikere, Bangalore.

5. Smt.Lakshmamma, D/o late Boraiah, W/of late Rangaiah, 69 yrs, R/at No.25/114, NES Extension, T.B.Road, Magadi Town,

Bangalore Rural Dist.

(Smt.Sowbhagyamma is appointed as Guardian of R-5 vide Court order Dated 21.8.2014)

6. Nanjappa, Since deceased, rep.by his LRs:

i) Smt.Lakshmamma, Wife, 73 yrs, ii) Balarama, Son, 49 yrs,. iii) Narayana, Son, 47 yrs, iv) Channarasimhaiah, Son, 41 yrs, v) Chandrasekhar, Son, 36 yrs,

All r/at Kamakshipalya main road, Basaveshwaranagar Post, Bangalore.

7. Smt.Puttamma, W/o late Kalasappa, 65 yrs, R.at No.240, Kalasappa Building, Kamakshipalya, Basaveshwaranagar Post, Bangalore.

8. Bharath Earth Movers Employees Co-operative Society Ltd., Bheemanagar Post, Bangalore, rep.by its Secretary.

9. Smt.Honnamma, W/o B.Krishnappa, 46 yrs, R/at No.35, 1 st Main, 1 st Block,

Nagarabhavi 2 nd Stage, Bangalore.

10. Channigappa, Since deceased by his LRs:

a) Smt.Kalamma, W/of late channigappa, 74 yrs,

b) Narasimhaiah, S/of late channigappa, 54 yrs,

c) Gopal S/of late channigappa, 49 yrs,

d) Sampath S/of late channigappa, 46 yrs,

e) Basavaraj S/of late channigappa, 40 yrs,

10(a) to (e) r/at Kamakshipalya Magadi Main Road, Bangalore.

11. Smt.Sarojamma, W/o Hanumanthappa, 61 yrs, R/at No.267/217, 3 rd Main, Basaveshwaranagar, Bangalore.

12. Smt.C.Jayamma, W/o B.Honnaiah, 71 yrs, R/at No.40, A.D.Halli, Magadi Main Road, Bangalore. .. Respondents

(By Sri N.Bayya Reddy, Advocate for R-1 to 9, Sri S.K.Venkata Reddy, Advocate for R-2(A-H), Sri Patel D Karegowda, Advocate For R-3 (F-H), Sri Harish O.K. & Sri K.L.Srinivas, Advocate for R-4(a), R-4(b (1-3), R-4 (c), R-7, Sri N.Bayya Reddy, Advocate for R-5, Sri V.B.Shivakumar, Advocate for R-11 and

Sri K.L.Sreenivasa, Advocate for applicant In IA 1/2014)

This RFA.Crob. is filed under Order 41 Rule 22(1) of CPC against the judgment and decree dated 31.5.2005 passed in O.S.No.8943/80 passed by the VII Addl.City Civil Judge, Bangalore, partly decreeing the suit for partition and separate possession.

RFA and RFA.Crob. are coming on for hearing this day, the Court delivered the following :

JUDGMENT

This appeal and cross-objection arise out of the common judgment passed in O.S.No.8943/1980, disposed of on 31 st

May 2005 by the learned VII Addl.City Civil Judge, Bangalore.

2. Plaintiff-B.Honnaiah filed suit for partition and separate possession among the family members in the suit schedule properties mentioned in Schedule-A to P consisting of houses, sites and landed properties. On the matter being contested, the trial Court having raised relevant issues for consideration, decreed the suit. Being aggrieved, this appeal and cross-objections are filed.

The genealogy produced by the parties is as under :

Kalasappa

Chikkahuchhaiah Boraiah

Chikkahuchhaiah

Andanappa Huchchaiah Giriyamma Lakshmamma

Wife Gouramma Boramma Huchchamma Mariyappa

Hanumanthappa M.Huchanna M.Rajakumar Gowramma

M.Boranna M.Rangaiah Shanthamma

A Nagaraj A.Rajanna A.B.Gowda Parvathamma Tungabadramma

Hanumanthaiah Krishnamurthy Narayanaswamy Jayalakshmi

Boraiah

Honnaiah Hanumanthappa Kalasappa Krishnappa Boramma Lakshmamma (dead)

Shivashankar Vasu Jayalakshmamma

3. The appellants, cross-objectors and respondents have entered into compromise and compromise petition is filed before the Court duly signed by the parties. Parties are present before the Court and they are identified by their respective advocates.

4. Now there is difference among the family members of

Andanappa and his children and they are disputing for compromise on the ground that they have got a right over the properties which are sought to be compromised. As such, except the branch of Andanappa, all others have entered into compromise and of course, they are nearly 50 persons and they are present before this Court, except five or six members of Andanappa family. The compromise petition has been filed by the appellants and respondents of other branches, except the branch of Andanappa family members. Therefore, the right of Andanappa branch, if any, would be subject to the result of the appeals pending in connected RFA.Nos.1276 & 1529 of

2005. In view of the above, other parties are permitted to compromise the matter.

So far as cross objector is concerned, she has agreed for the terms of the compromise and hence, the same is treated as disposed of.

Accordingly, RFA.No.1472/2005 and RFA.Crob.41/2006 are disposed of in terms of the compromise petition filed by the parties. The compromise petition filed by respondents and contesting parties be treated as part and parcel of this appeal and cross objection.

In so far as rights of Andanappa branch is concerned,

RFA.Nos.1276 & 1529 of 2005 are kept pending for consideration on merits. In the meanwhile, if parties are agreeable for compromise, they can file compromise petition or else the matters could be disposed of on merits. However, it is made clear that in view of cross-objector consenting for the aforesaid compromise, she shall not claim any right *over other properties except those allotted to her in compromise petition .

Sd/- JUDGE

*bk/- *corrected vide order dated 12.2.2015