Karnataka High Court
RSA/3110/2006 of SRI T KRISHNAPPA S/O DODDATHIMMAIAH Vs SRI THAYAPPA S/O MUNINARASAPPA on 11 September 2026
CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.3111 OF 2006 (DEC) C/W REGULAR SECOND APPEAL
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.3111 OF 2006 (DEC)
C/W
REGULAR SECOND APPEAL NO.3110 OF 2006 (DEC)
IN RSA NO.3111/2006
BETWEEN:
1.
SRI T KRISHNAPPA
S/O DODDATHIMMAIAH
SINCE DEAD BY LRS
1(A)
SMT SUBHARATHNAMMA
W/O LATE T KRISHNAPPA
AGED ABOUT 43 YEARS
1(B)
SMT. SARALA
W/O CHANDRASHEKAR
D/O LATE T KRISHNAPPA
1(C)
SRI SHIVRAJ
S/O LATE KRISHNAPPA
AGED ABOUT 20 YEARS
THE APPELLANT NO.1(H) TO (J)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
ARE R/AT GOWDAHALLI VILLAGE
MADHURE HOBLI
DODDABALLAPURA TALUK
BENGALURU RURAL DIST.
…APPELLANTS
(BY SRI SUNIL S RAO, ADVOCATE FOR
SIR T SESHAGIRI RAO, ADVOCATE)
AND:
1.
SRI SHIVASHANKARAIAH
S/O DODDATHIMMAIAH
SINCE DEAD BY LRS
1(A)
SRI S SHOBHAN BABU
S/O LATE SHIVASHANKARAIAH
AGED ABOUT 41 YEARS
1(B)
SRI S BHASKAR
S/O LATE SHIVASHANKARAIAH
AGED ABOUT 40 YEARS
1(C)
SMT. NARMADA S
D/O LATE SHIVASHANKARAIAH
AGED ABOUT 38 YEARS
THE RESPONDENT NOS.1(A) TO (C)
ARE R/AT GOWDAHALLI VILLAGE
MADHURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT.
2.
SRI CHIKKATHIMMAIAH
AGED ABOUT 78 YEARS
R/AT GOWDAHALLI VILLAGE
MADHURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
HC-KAR
3.
SMT. LAKSHMI
W/O LATE MANJUNATHA
AGED ABOUT 46 YEARS
4.
SR MANOJ
S/O LATE MANJUNATHA
AGED ABOUT 24 YEARS
5.
SMT. LAVANYA
D/O LATE MANJUNATHA
AGED ABOUT 22 YEARS
6.
SRI GANESH
S/O LATE MANJUNATHA
AGED ABOUT 46 YEARS
RESPONDENT NO.3 TO 6
ARE R/AT 70/29, ‘A’ BLOCK
SAHAKAR NAGAR
BATARAYANAPURA MAIN ROAD
BANGALORE
7.
SMT. NIRMALA
D/O LATE T KRISHNAPPA
AGED ABOUT 51 YEARS
8.
SMT. SARASWATHI
D/O LATE T KRISHNAPPA
AGED ABOUT 49 YEARS
RESPONDENT NO.7 TO 8
ARE R/AT GOWDAHALLI
MADHURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
9.
SRI NARAYANASWAMY
S/O LATE T KRISHNAPPA
HC-KAR
R/AT GOWDAHALLI
MADHURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
(RESPONDENT NO.2-9 EX-PARTE)
…RESPONDENTS
(BY SRI V VISWANATH SETTY, ADVOCATE FOR R1(A-C); R2 SERVED; SERVICE OF NOTICE TO R3 TO R9 H/S V/O DT.17.02.2023)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
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Cites
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Overruled / Questioned
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JUDGEMENT
& DECREE DATED 29.6.2006 PASSED IN R.A.NO.6/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR AND ETC.
IN RSA NO.3110/2006 BETWEEN:
1. SRI T KRISHNAPPA
SINCE DEAD BY LRS
1(A) SMT. LAKSHMI W/O LATE MANJUNATHA AGED ABOUT 46 YEARS
1(B) SRI MANOJ S/O LATE MANJUNATHA AGED ABOUT 24 YEARS
1(C) SMT. LAVANYA D/O LATE MANJUNATHA
HC-KAR
1(D) SRI GANESH S/O LATE MANJUNATHA AGED ABOUT 46 YEARS
APPELLANT NO.1(A) TO (D) ARE R/AT 70/29, ‘A’ BLOCK SAHAKAR NAGAR BATARAYANAPURA MAIN ROAD BANGALORE
1(E) SMT. NIRMALA D/O LATE T KRISHNAPPA AGED ABOUT 51 YEARS
1(F) SMT. SARASWATHI D/O LATE T KRISHNAPPA AGED ABOUT 49 YEARS
APPELLANT NO.1(E) AND (F) R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST.
1(G) SRI NARAYANASWAMY S/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST.
1(H) SMT. SUBHARATHNAMA W/O LATE T KRISHNAPPA
1(I) SMT. SARALA W/O CHANDRASHEKAR
HC-KAR
D/O LATE T KRISHNAPPA AGED ABOUT 22 YEARS
1(J) SRI SHIVRAJ S/O LATE KRISHNAPPA AGED ABOUT 20 YEARS
THE APPELLANT NO.1(H) TO (J) ARE R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST.
...APPELLANTS (BY SRI. SUNIL S RAO, ADVOCATE FOR SRI T SESHAGIRI RAO, ADVOCATE FOR P’SD A1(H-J); V/O DT.13.01.2023, P’SD A1(A TO G) ARE TRANSPOSED AS R3 TO R9)
AND:
1. SRI THAYAPPA S/O MUNINARASAPPA SINCE DEAD BY LRS
1(A) SRI NAGESH S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS
1(B) SRI RAVI S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS
1(C) SMT. MURTHY D/O LATE MUNIYAPPA AGED ABOUT 46 YEARS
THE RESPONDENT NOS.1(A) TO (C) ARE R/AT GOWDAHALLI VILLAGE
HC-KAR
MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST.
2. SRI CHIKKATHIMMAIAH S/O DODDATHIMMAIAH AGED ABOUT 78 YEARS R/A GOWDAHALLI VILLAGE MADHURE HOBLI DODDABALLAPUR TALUK ANGALORE RURAL DISTRICT
3. SMT. LAKSHMI W/O LATE MANJUNATHA AGED ABOUT 46 YEARS
4. SRI MANOJ S/O LATE MANJUNATHA AGED ABOUT 24 YEARS
5. SMT. LAVANYA D/O LATE MANJUNATHA AGED ABOUT 22 YEARS
6. SRI GANESH S/O LATE MANJUNATHA AGED ABOUT 46 YEARS
RESPONDENT NO.3 TO 6 ARE R/AT 70/29, ‘A’ BLOCK SAHAKAR NAGAR BATARAYANAPURA MAIN ROAD BANGALORE
7. SMT. NIRMALA D/O LATE T KRISHNAPPA AGED ABOUT 51 YEARS
HC-KAR
8. SMT. SARASWATHI D/O LATE T KRISHNAPPA AGED ABOUT 49 YEARS
RESPONDENT NO.7 TO 8 ARE R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT
9. SRI NARAYANASWAMY S/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT (RESPONDENT NO.2-9 EX-PARTE)
...RESPONDENTS (BY SRI V VISWANATH SHETTY, ADVOCATE FOR R1(A-C) R2 SERVED V/O DT.17.02.2023, SERVICE OF NOTICE TO R3 TO R9 H/S)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 29.06.2006 PASSED IN R.A.NO.7/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR AND ETC.
THESE APPEALS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
HC-KAR
ORAL JUDGMENT
In R.S.A.No.3111/2006 The learned counsel for the appellant has filed a memo along with a copy of the amended appeal memo and the same is taken on record.
2. The counsel for the legal representatives of deceased appellant No.1 is present. The counsel for respondent No.1(a) is also present. On behalf of respondent No.1(b) and
(c) , the counsel for respondent No.1(a) has filed the power of attorney. Respondent Nos.2, 3, 4, 5, 6, 7, 8 and 9 are not present before the Court.
3. The counsel for the appellant would submit that respondent Nos.2, 3, 4, 5, 6, 7, 8, 9 have executed a release deed in favour of appellant No.1(a)-Smt. Subharathanamma. The said submission is taken on record. In R.S.A.No.3110/2006
4. The counsel for legal representatives of appellant is also present. Respondent No.1 is no more and his legal representatives i.e., respondent No.1(a) to (c) are present.
HC-KAR
5. The counsel appearing for the appellant would submit that respondent Nos.2 to 9 have already executed a release deed in favour of appellant No.1(a). The said submission is taken on record.
6. Now, the parties have filed the compromise petition before this Court. The parties have understood the terms of the compromise. Hence, compromise petition is accepted. Along with compromise petition, sketch is also annexed. Accordingly, the appeals are disposed of in terms of the compromise petition.
7. Registry is directed to draw the decree in terms of the compromise petition.
Sd/- (H.P.SANDESH) JUDGE
SN