Item No.16
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
FCA.No.204 OF 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On 30.06.2021, learned counsel for the appellant/husband had
stated on instructions that his client was willing to offer a parcel of
land measuring Ac.1.06 guntas, situated in Makkapalli Village,
Nalgonda District for being transferred in the name of the daughter of
the parties. It is also informed that possession of the said parcel of the
land had already been handed over to the respondent/wife before the
Local Commissioner appointed by the learned Family Court and only the gift deed had to be executed. Both the parties agreed that once the land is gifted to the daughter through proper documentation, the respondent would accept the same in full and final settlement of all her claims and that of the daughter, against the appellant. The parties had sought time to file a compromise application. In the meantime, they undertook that the requisite documentation for gifting the parcel of the land to the daughter shall be completed. At their request, the matter was adjourned to 14.07.2021.
2. On 14.07.2021, learned counsel appearing for the appellant/husband stated that his client had taken the brief back from him and that he was not in a position to assist the court. On the same 2 day, appearance was entered by Mr. Ramprasad, who said that he needed time to file his power of attorney for the appellant.
3. Learned counsel for the respondent had been pointed out that the appellant had not taken any steps to contact his client to complete the documentation process for gifting the parcel of the land in favour of the daughter of the parties. At the request of learned counsel for the appellant/husband, the matter was adjourned to 02.08.2021, with a direction that the appellant/husband and the respondent/wife would remain present.
4. On 02.08.2021, both the parties were present. Noticing the attempt on the part of the appellant/husband to wriggle out of the settlement already recorded in the order dated 30.06.2021, it was made clear that if the appellant/husband does not abide by the said terms of the settlement, then this court would consider appointing a local commissioner to execute the gift deed on his behalf, in favour of the daughter. The appellant was present at the hearing and undertook to do the needful within two weeks. At his request, the matter was again adjourned for today, for reporting compliance.
5. Today, learned counsel for the respondent/wife states that the appellant/husband has failed to stick to his part of the obligation and has not taken any steps to execute the gift deed in favour of the 3 daughter. Learned counsel for the appellant/husband does not deny the said submission and seeks to make excuses.
6. In view of the above, we decline to await any further instructions by learned counsel for the appellant. It is quite apparent that the appellant is trying to evade his obligations under the settlement. It is deemed appropriate to appoint a Local Commissioner to execute the gift deed in respect of the subject land on behalf of the appellant/husband, in favour of the daughter of the parties.
7. Smt. V. Aparna Laxmi (9885455925) is appointed as a Local Commissioner for drafting the gift deed and approaching the revenue authorities for executing and registering the same on behalf of the appellant in favour of the daughter of the parties. The registration expenses and the fee of the Local Commissioner shall be borne by the appellant. The fee of the Local Commissioner is fixed as Rs.20,000/- (Rupees Twenty thousand only). The same shall be tendered to the Local Commissioner within one week.
8. In the event, the Local Commissioner is informed by the revenue authorities that a gift deed cannot be executed in respect of the subject land for any legal reasons, she shall file a report stating so for the appellant to make alternative arrangements to pay the market value of the subject land to the daughter of the parties. 4
9. The appeal is disposed of along with the pending applications, if any.
10. List on 13.09.2021 only to report compliance.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 16.08.2021 ES/PLN