Thipperudrappa v. R S Mallikarjunaiah

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14960/2022 (GM-CPC)

BETWEEN:

¶1THIPPERUDRAPPA S/O R. THIPPESWAMY AGED 57 YEARS GEOLOGIST GANGA AGRICULTURAL SUPPLIES VIJAYALAKSHMI COMPLEX CHALLAKERE - 577522

2.

2(a)

2(b)

2(c)

R.T. UMESH S/O R. THIPPESWAMY

SINCE DEAD REP. BY LR'S.

ANITHA B.V. W/O LATE R.T. UMESH AGED 50 YEARS R/AT. GURU THIPPERUDRASWAMY BEHIND OLD SKP GARAGE MAIN ROAD, HIRIYUR CHITRADRUGA-577598.

SANATH R.U. S/O LATE R.T. UMESH AGED 19 YEARS.

KHUSHAL R.U. S/O LATE R.T. UMESH AGED 17 YEARS.

REP. BY NATURAL GUARDIAN

by RUPA V Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:44798( W.P.(No.14960/2022( ( ,,,,,,,,,, , CNR:(KAHC010334162022( ( ( , MOTHER,–,PETITIONER,NO.2(a)., , BOTH,ARE,R/AT.,, GURU,THIPPERUDRASWAMY, BEHIND,OLD,SKP,GARAGE, MAIN,ROAD,,HIRIYUR, CHITRADRUGA-577598., , [AMENDED,AS,PER,ORDER,DTD:19.08.2026], ,

3., T.,THIPPAMMA, W/O,B,T,SWAMY, AGE,,56,YEARS, R/O,DODDACHELLUR,VILLAGE, CHALLAKERE,TALUK,,-,577522,,, , PRESENT,ADDRESS,, R/OF,GURUTHIPPESWAMY,NILAYA, BEHIND,SKP,GAURAGE, NEAR,SURYA,HOTEL,, HIRIYUR,HOTEL,,-,577598,,, CHITRADURGA,DISTRICT., …PETITIONERS, (BY,SRI.,DEEPAK,S.,SHETTY,,ADV.,), , AND:( (

1., R.S.,MALLIKARJUNAIAH, , S/O,LATE,R.N.,SANNARUDRAIAH, , AGE,80,YEARS., , , , SINCE,DEAD,REP.,BY,LR'S., , , 1(a), SWAMY,R.M., , ,S/O,LATE,R.S.,MALLIKARJUNAIAH, , AGED,56,YEARS, , R/AT.,RANGENAHALLI,VILLAGE,&,POST, , DHARMAPURA,HOBLI, , HIRIYUR,TALUK,–,577545., , , ((((((((((((HC-KAR, NC:(2026:KHC:44798( W.P.(No.14960/2022( ( ,,,,,,,,,, , CNR:(KAHC010334162022( ( ( 1(b), JAGADEESHA,R.M., , S/O,LATE,R.S.,MALLIKARJUNAIAH, , AGED,54,YEARS, , R/AT.,MUTTUGENAHALLI, , MOLAKALMURU,TALUK, , CHITRADURGA,DIST,–,577535., , , 1(c), LOKESH,R.M., , S/O,LATE,R.S.,MALLIKARJUNAIAH, , AGED,52,YEARS, , R/AT.,B.L.,GOWDA,NAGARA, , HIRIYUR,,CHITRADURGA,DIST-577599., , , 1(d), JYOTHI,R.M., , S/O,LATE,R.S.,MALLIKARJUNAIAH, AGED,50,YEARS, R/AT.,LAKKIHALLI,AT,POST, HOSADURGA,TALUK, CHITRADURGA,DIST,–,577527., ,

2., R.S.,VEDAMURTHY, S/O,LATE,R,N,SANNARUDRAIAH, AGE,,77,,YEARS,

(KEB),HOSPET,TALUK, BELLARY,DISTRICT, AT,PRESENT,RESIDING,,AT,, NO,,4/30,,,19TH,WARD, GOLLANARASAPPA,COLONY,, S,N,PET,,BELLARY,,-,583101., ,

3., R.T.,SWAMY, S/O,LATE,R,S,THIPPESWAMY, AGE,,61,YEARS, MIG,130,,I,MAIN,ROAD, KENGERI,UPANAGARA, BENGALURU,,-,560060., ,,, AT,PRESENT,RESIDING,AT, NO,54,,SHANTHALA,,1ST,MAIN,ROAD, RMV,II,STAGE,,NEW,BEL,ROAD,

OPP M S RAMAIH HOSPITAL BENGALURU - 560071. …RESPONDENTS

(BY SRI. P.H. VIRUPAKSHAIAH, ADV., FOR R1 (a to d), R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, HIRIYUR ON I.A.NO.3 IN FDP 2/2013 DTD 01.04.2022 VIDE ANNX-F TO THE W.P. & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed seeking the following reliefs: "i. To set aside the order passed by the learned senior Civil Judge & JMFC, Hiriyur on I.A.No.3 in FDP 2/2013 dated: 1-4-2022 vide Annexure-F to the Writ petition and

ii. To allow the I.A.No.3 field under order 20 Rule 18 R/w sec. 151 of CPC dt 31.10.19 vide Annexure-D to the writ petition and;

iii. To grant such other order as this Hon'ble court deems fit in the circumstances of the case, in the interest of justice."

¶2Sri.Deepak S.Shetty, learned counsel for the petitioners and Sri.P.H.Virupakshaiah, learned counsel for respondents submits that the matter is settled amicably between the parties and they have filed the joint compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC').

¶3The terms of joint compromise petition reads as under:

"JOINT COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 The Petitioners and the Respondents above-named most respectfully submit as follows: It respectfully submits that, in Original Suit O.S. No. 13/1993, this Hon'ble Court, vide Judgment and Decree dated 06.07.2012 passed in RFA No. 316/2003, set aside the dismissal of the suit and decreed the same in favour of the petitioners herein (original Plaintiffs), HC-KAR NC: 2026:KHC:44798

granting them a one-third ( ) share in the suit schedule properties. It respectfully submits that, challenging the Judgment and Decree dated 06.07.2012 in RFA No. 316/2003, the Respondents filed Special Leave Petition (Civil) No. 21774/2013 before the Hon'ble Supreme Court of India, which was subsequently granted leave and renumbered as Civil Appeal No. 11909/2014, and the same is currently pending consideration. It respectfully submits that, pursuant to the judgment in RFA No. 316/2003, Final Decree Proceedings in FDP No. 2/2013 were initiated and are pending before the learned Senior Civil Judge & JMFC, Hiriyur. In the said proceedings, certain interlocutory applications filed by the Petitioners seeking re-allotment of shares were dismissed vide order dated 01.04.2022. Aggrieved thereby, the Petitioners preferred the present Writ Petition before this Hon'ble Court. It respectfully submits that, during the pendency of FDP No. 2/2013 and the present Writ Petition, the Petitioners and Respondents, with the intervention of elders, well-wishers, and counsel, have amicably resolved all their disputes and claims concerning the suit schedule properties. The parties have mutually agreed to record this full and final settlement before this Hon'ble Court to put

an end to all pending litigations and bring a quietus to the entire dispute. TERMS AND CONDITIONS OF THE COMPROMISE The contesting parties have voluntarily, and without any coercion, force, or undue influence, agreed to the following terms: I. Acceptance of Decree: Both parties agree to accept and strictly abide by the Judgment and Decree dated 06.07.2012 passed by this Hon'ble Court in RFA No. 316/2003, consenting fully to the division of shares as decreed therein. II. Withdrawal of Proceedings & Disposal: The Respondents agree to take all necessary steps to withdraw Civil Appeal No. 11909/2014 (arising out of SLP (Civil) No. 21774/2013) pending before the Hon'ble Supreme Court of India. Correspondingly, the Petitioners and Respondents jointly request this Hon'ble Court to dispose of the present Writ Petition in terms of this Compromise Petition. III. Full and Final Settlement: This Compromise Petition constitutes a comprehensive, full, and final settlement of all claims, rights, and title regarding the suit schedule properties of O.S. No. 13/1993 and all connected proceedings. IV. Bar on Further Litigation: The parties explicitly undertake not to initiate any future legal proceedings—civil, criminal, or

administrative—against each other or their legal representatives concerning the subject matter of O.S. No. 13/1993, RFA No. 316/2003, Civil Appeal No. 11909/2014, FDP No. 2/2013, or any related matters. V. Costs: Each party shall bear their own respective legal costs incurred throughout the proceedings. VI. Binding Nature: These terms shall be final, conclusive, and legally binding on all parties, as well as their legal heirs, successors-in-interest, executors, administrators, and assigns. VII. Suit Schedules: The parties state and confirm that the Schedules annexed herewith pertain to and form part of O.S. No. 13/1993, and the same shall be read and construed as an integral part of this Compromise Petition.

SCHEDULE OF PROPERTIES Item No. 1: Dry land bearing Sy. No. 28/2, measuring 13 acres guntas, situated at Hulikunte Village, Parashuramapura Hobali, Challakere Taluk, Chitradurga District is bounded by: East: Lands of R T Hanumanthappa and R T Chandrappa West: Land of Veerabhadraiah

North: Sy. No. 28/1A2 and land of R S Hatty Rudrappa South: Lands of Shivarudrappa and his sons and R S Thipperudrappa Item No. 2: Dry land bearing Sy. No. 19/2, measuring 1 acre 5 guntas, situated at Rangenahally village, Dharmapura Hobali, Hiriyur Taluk, Chitradurga District is bounded East: Hale Begarahatty road West: Hosabegarahatty well North: Land of R S Thipperudrappa South: Lands of R S Rajashekarappa Item No. 3: House bearing Khanesumari No. 70, new assessment No. 63, measuring East-West 56 feet, North-South 56 feet (56x56=3136 sq ft), situated at Rangenahalli Village, Dharmapura Hobali, Hiriyur Taluk, Chitradurga District is bounded by: East: Vacant site West: Road and House of Pujari Thimmanna and Bhoothanna North: Road and House of Pujari Thimmanna South: House of R S Thipperudrappa and sites.

Alternate property (hereinafter referred to as Item No. 1(a)) to the scheduled item no. 1 property (sy. No. 28/2) by respondent no. 2 (R S Vedamurty) as follows: Item No. 1(a): Dry land bearing Sy. No. 28/1A2, measuring 2 acres guntas, situated at Hulikunte Village, Parashuramapura Hobali, Challakere Taluk, Chitradurga District is bounded by: East: Sy No.28/1B (Land of R G Govindaraju) West: Sy No.42/1 (Land of Veerabhadraiah) North: Sy No.28/1A1 (Land of Thipperudrappa) South: Sy No.28/2 (A part of share to

Respondents in Item no.1) after division.

DIVISION OF SCHEDULED PROPERTIES AS FOLLOWING IS AGREED UPON: I. Allotment regarding petitioners Nos. 1,2(a) to 2(c) and 3, (Thipperudrappa, Anitha.B.V, Sanath.R.U, Kushal.R.U and T.Thippamma) and respondent No. 2 (R.S.Vedamurthy): The shares assigned to the aforementioned parties in respect of Item No. 1 and Item No. 1(a) (Alternate Property), being the dry lands situated in Sy. No. 28/1A2 and Sy. No. 28/2, are detailed as follows: a. It is declared that petitioners Nos. 1,2(a) to 2(c) and 3 are collectively entitled to a 1/3rd (One-Third) share in

the properties described as Item No. 1 and Item No. 1(a) in the Schedule. Consequently, the specific extent allotted to the said Respondents in Item No. 1 admeasures 04 Acres 24.66 Guntas.

¶1All that piece and parcel of the agricultural land (Dry Land) bearing Survey No. 28/2, admeasuring 1 Acre 30 Guntas, situated at Hulikunte Village, Parashuramapura Hobli, Challakere Taluk, Chitradurga District, and bounded on the: East: Land of R T Hanumanthappa West: Land of Veerabhadraiah North: Sy No. 28/1A2 (Item No.1(a)) South: Sy No. 28/2 (remaining land Respondent no 2 after allotment of a part of share to petitioners in Item no.1) That regarding Item No. 1 of the Suit Schedule Properties, the respondent No. 2, Sri R.S. Vedamurthy, has agreed to convey and hand over vacant possession of the alternate property bearing Sy. No. 28/1A2, admeasuring 02 Acres 35 Guntas, to the Respondents herein. It is strictly agreed that in the event the extent of the said alternate property (02 Acres 35 Guntas) is found to be deficient or less than the petitioners lawful share in Item No. 1 or the Suit Schedule Properties in their entirety, such deficit extent shall be allotted and

made good to the petitioners from the remaining portion of Item No. 1 of the Suit Schedule Property. The final apportionment and division of the said properties are detailed as follows:

¶2All that piece and parcel of agricultural land bearing Sy. No. 28/1A2 (Alternate), admeasuring 02 Acres 35 Guntas (equivalent to 115 Guntas), situated at Hulikunte Village, Parashuramapura Hobli, Challakere Taluk, Chitradurga District, and bounded on the: East: Land of Govindaraju West: Land of Veerabhadraiah North: Sy No. 28/1A1 (Land of petitioners) South: Sy No. 28/2 (A part of share to petitioners in Item no.1)

b. In respect of the share of respondent No. 2, the property described as Item No. 1 comprises all that piece and parcel of dry agricultural land bearing Sy. No. 28/2, admeasuring 12 Acres 04 Guntas, situated within the revenue limits of Hulikunte Village, Parashuramapura Hobli, Challakere Taluk, Chitradurga District, bounded as follows: East: Land of R T Hanumanthappa West: Land of Veerabhadraiah North: Share of respondents in Sy No.28/2 South: Land of Shivarudrappa

¶1The respondents no 1(a) to 1(d) and 3, having secured their specific shares pursuant to the registered Partition Deed dated 16.03.1988, which was reflected in order of the Hon'ble High Court of Karnataka in RFA No. 316/2003, retain no further right, title, or interest in the suit schedule property. Consequently, these Defendants are legally bound by the observations and findings of the said judgment. II. The respective shares and entitlements of petitioners Nos. 1,2(a) to 2(c) and 3, (Thipperudrappa, Anitha.B.V, Sanath.R.U, Kushal.R.U and T.Thippamma) together with respondent No. 3, (R.T.Swamy) in the Schedule Property designated as Item No. 2 (Dry Land bearing Sy. No. 19/2) are set out hereunder: a. The petitioners Nos. 1,2(a) to 2(c) and 3 are collectively entitled to their respective shares in the property described as Item No. 2. It is agreed that the petitioners shall be entitled to an extent of 15 Guntas carved out of the original suit schedule property bearing Sy. No. 19/2, situated within the revenue limits of Rangenahally Village, Dharmapura Hobli, Hiriyur Taluk, Chitradurga District, which is bounded by: East: Share allotted to R T Swamy (respondent No.3) after division

West: Hosabegarahatti and well North: Land of R S Thipperudrappa South: Land of R S Rajashekarappa

b. respondent No. 3, R T Swamy is entitled to a share in the property described as Item No. 2 of the Suit Schedule. It is hereby agreed that respondent No. 3 is allotted/granted a specific portion of land admeasuring 30 Guntas out of the suit schedule property bearing Sy. No. 19/2, situated at Rangenahally Village, Dharmapura Hobli, Hiriyur Taluk, Chitradurga District. The said portion of 30 Guntas is bounded on the: East: Halebegarahatti Road (SC Colony) West: Share of petitioners No.1,2(a) to 2(c)& 3's after division North: Land of R S Thipperudrappa South: Land of R S Rajashekarappa c. The respondents No. 1(a) to 1(d) and 2, having secured their specific shares pursuant to the registered Partition Deed dated 16.03.1988, which was reflected in order of the Hon'ble High Court of Karnataka in RFA No. 316/2003, retain no further right, title, or interest in the suit schedule property.

Consequently, these Defendants are legally bound by the observations and findings of the said judgment. III. The allotment of shares to petitioners Nos. 1, 2(a) to 2(c) and 3 (Thipperudrappa, Anitha.B.V, Sanath.R.U, Kushal.R.U and T.Thippamma) and respondents No. 1(a) to 1(d) (Swamy.R.M, Jagadeesha.R.M, Lokesh.R.M and Jyothi.R.M) in respect of Item No. 3 (House Property) is as follows: a. The petitioners Nos. 1,2(a) to 2(c) and 3 are collectively entitled to their respective shares in the property described as Item No. 3 of the Suit Schedule. The petitioners shall be allotted their one-third (1/3rd) share in the residential property bearing Khanesumari No. 70, New Assessment No. 63, admeasuring 1,045.33 sq. ft., (E-W 56*18.67 ft=1045.33 Sq ft) situated at Rangenahalli Village, Dharmapura Hobali, Hiriyur Taluk, Chitradurga District, which is bounded as follows: East: Vacant site West: House of Poojari Thimmanna, Bhoothanna & Road North: Share of respondents No.1(a) to 1(d) in Item No.3 after division South: House of R S Thipperudrappa b. The property described as Item No. 3 is hereby allotted to respondents Nos. 1(a) to 1(d)—Swamy R.

M., Jagadeesha R. M., Lokesha R. M., and Jyothi R. M.—collectively, towards their legitimate share. It is submitted that the petitioners are entitled to their respective one-third shares only after respondents No. 1(a) to 1(d) shall be entitled to their share in the house property bearing Khanesumari No. 70 (New Assessment No. 63), admeasuring 2,090.67 sq. ft.,(E-W 56*37.33 ft=2,090.67 sq ft) situated at Rangenahalli Village, Dharmapura Hobali, Hiriyur Taluk, Chitradurga District, which is bounded as follows: East: Vacant site West: House of Poojari Thimmanna, Bhoothanna & Road North: House of Poojari Thimmanna & Road South: Share of petitioners allotted in Item No.3 after division c. The respondents No. 2 and 3, having secured their specific shares pursuant to the registered Partition Deed dated 16.03.1988, which was reflected in order of the Hon'ble High Court of Karnataka in RFA No. 316/2003, retain no further right, title, or interest in the suit schedule property. Consequently, these Defendants are legally bound by the observations and findings of the said judgment.

¶1That the parties have arrived at this compromise voluntarily and without any coercion, undue influence, or misrepresentation.

¶2That the terms of this compromise are lawful and not contrary to public policy.

¶3That in view of the amicable settlement arrived at between the parties, no further adjudication is required in the present final decree petition, in the interest of justice and equity. PRAYER Wherefore, the petitioners and Respondents jointly pray that this Hon'ble Court may kindly: a. Take this compromise petition on record and record the joint compromise under order XXIII Rule 3 of code of civil procedure, 1908; Direct the Senior Civil Judge & JMFC, Hiriyur in FDP 2/2013 to draw a final decree in terms of the compromise petition produced herein; and pass such other order as this Hon'ble court deems fit in the interest of justice and equity."

¶4I have perused the joint compromise petition filed. The same is in accordance with law and not opposed to public policy.

¶5The petitioners as well as the respondents are present before the Court and they are identified by their respective counsel. I have interacted with the petitioners and respondents with regard to the terms of joint compromise petition and they have stated that the joint compromise petition is prepared based on their instructions and on careful perusal and understanding of the terms of compromise, they have affixed their signature on their own volition.

¶6The joint compromise petition is accepted and placed on record.

¶7It is also noticed that the joint compromise petition is accompanied with the affidavits of the petitioners and the respondents and Aadhaar cards of the parties, same is perused and placed on record.

¶8The writ petition is disposed of in terms of the joint compromise petition. The FDP Court is directed to

draw the final decree in terms of the aforesaid compromise petition.

No order as to costs.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE

BSR List No.: 1 Sl No.: 16