Shri S Gopinath vs Shri Ramakrishnappa
2021 Latest Caselaw 6187 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF DECEMBER, 2021

                        PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                          AND

        THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

    MISCELLANEOUS FIRST APPEAL No.1561/2016 (GW)
BETWEEN:

SHRI S. GOPINATH,
S/O LATE SHRI SUBRAMANI,
AGED ABOUT 36 YEARS,
OCC: AGRICULTURE & COOLIE,
R/O INORAHOSAHALLI,
KASABA HOBLI, BANGARPET TALUK,
KOLAR DISTRICT-563101.                      ...APPELLANT

(BY SRI G. A. SRIKANTE GOWDA, ADVOCATE)

AND:

SHRI RAMAKRISHNAPPA,
S/O ERAPPA,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURE,
R/O HIREKARAPANAHALLI,
KASABA HOBLI, MAGONDHI POST,
BANGARPET TALUK,
KOLAR DISTRICT-563101.                    ...RESPONDENT

(BY SRI K.S. NARESH SANTHOSH, ADVOCATE)
                                2




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 47 RULE (a) OF CPC, AGAINST THE IMPUGNED JUDGMENT
AND DECREE DATED 28.09.2015 PASSED IN G & WC NO.12/2014
BY THE ADDITIONAL SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C,
K.G.F, DISMISSING THE PETITION FILED UNDER SECTION 7, 9
AND 17 OF GUARDIANS AND WARDS ACT.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:


                        JUDGMENT

The present Miscellaneous First Appeal is filed by the

father of the minor children namely Kumari Krithika and

Kumari Kusuma, whose petition - G & W.C. 12/2014 for

custody of these minor children under the provisions of

Sections 7, 9 and 17 of the Guardians and Wards Act, 1890

filed before the learned Additional Senior Civil Judge and

Principal JMFC., KGF., was dismissed by the impugned

judgment and decree dated 28.9.2015 on the file of the

learned Senior Civil Judge and Principal JMFC., KGF. However,

visitation rights was granted to him with previous intimation to

respondent during holidays and vacation to School and to look

after the needs of his daughters and in such circumstances, a

direction was issued to the respondent not to prevent the

appellant to interact with the minor wards and look after the

needs of his minor daughters.

2. At the intervention of the learned Counsel for parties,

elders and well wishers, both the parties have entered into a

compromise and accordingly, have filed a compromise petition

under the provisions of Order XXIII Rule 3 of the Code of Civil

Procedure duly signed by them. The same is taken on record.

3. In the compromise petition, the respondent - Sri

Ramakrishnappa, grandfather of the minor children admits

and declares that he has no objection for the appellant to visit

his daughters once in 15 days and to share his love and

affection with them by spending time during lunch hours at

their respective colleges as below:

"i) To meet Krithika on 1st and 3rd Wednesday during lunch hours at Excellent College, Kolar; and

ii) to meet Kusuma during lunch hours on 2nd and 4th Thursday at Navachetana College, Bangarpet, which is convenient and suitable to both."

4. The appellant though has no right over the property

bearing Sy.No.103/1 measuring 1 acre 32 guntas wherein

Eucalyptus crop is grown, has gifted in favour of his daughters

though he is the owner to an extent of 1/3rd share and now

with the consent of mother and sister, he has no objection for

the respondent to make use of the land bearing Sy.No.103/1

to an extent of 1 acre 20 guntas where Eucalyptus crops are

grown for the educational benefits of his daughters which is

morefully described as Schedule 'A' property to the

compromise petition.

5. The appellant also undertakes to execute necessary

Release Deed and Consent Deed from his sister and mother by

relinquishing their rights in favour of his daughters - Kumari

Kusuma and Kumari Krithika with respect to vacant site

bearing Katha VP No.120 to an extent of East to West 14 feet

and North to South 20 feet situated at Inorahosahalli village,

Kasaba Hobli, Bangarpet Taluk, Kolar District, within three

months after obtaining necessary documents from the

concerned Department including the Sketch, which is

morefully described under Schedule 'A' and 'B' properties to

the compromise petition.

6. It is further stated that the appellant has no objection

for the respondent - Ramakrishnappa - maternal grandfather

of the minor children and father-in-law of the appellant to sell

the eucalyptus plantation crop grown in 'A' schedule property

for the good marketable price and to deposit the said amount

in the nationalised bank and make use of the interest derived

from the said amount for educational benefits of the

appellant's daughters. It is further stated that the

respondent-maternal grandfather of the children of the

appellant shall not sell the 'A' Schedule and 'B' Schedule

properties either with the consent of the appellant's daughters

or as Power of Attorney holder for any reasons or alienate

them and should be safe guarded for the welfare of the

appellant's daughters. The respondent-grandfather of the

minor children undertakes to withdraw the maintenance case

in CMC No.144/2014 by filing a memo reporting the

settlement entered into before this Court in the present case

and also will not execute the decree in the said case. He

further undertakes that he would withdraw CMC No.47/2021

filed for recovery of maintenance and CMC No.136/2018

pending before the learned Additional Senior Civil Judge and

JMFC., Bangarpet.

7. The appellant further states that he has no objection for

entering the names of the minor daughters - Kumari Kusama and

Kumari Krithika in respect of 'A' and 'B' Schedule Properties in the

revenue records in pursuance of the compromise entered into

between the parties.

8. The respondent undertakes that he or his grand minor

daughters will not claim any share in respect of other remaining

properties of the appellant or his sisters or mother or his family

members in terms of the judgment and decree dated 17.2.2020 in

O.S.No.422/2012 except the rights as stated in the 'A' and 'B'

schedule properties i.e., 1 acre 20 guntas in Sy.No.103/1 of

Yeluvalli, Kasaba Hobli, Bangarpet Taluk and vacant site measuring

14 x 20 feet in Katha VP No.120 of Inorahosahalli village, Kasaba

Hobli, Bangarpet Taluk, Kolar District. He further undertakes that

he or his sons will not cause any harm or show any disrespect to

the appellant at the time of visiting/meeting his daughters at the

respective places once in fifteen days in the vicinity of the Excellent

College, Kolar and Navachetana College, Bangarpet where the

children are studying and further the marriages of the minor

granddaughters will be performed with prior consent of the

appellant/son-in-law of the respondent.

9. When we posed query to both appellant and respondent,

who are Sri S. Gopinath/son-in-law/father of the minor daughters

and Sri Ramakrishnappa/father-in-law of the appellant respectively

as to whether they are agreeable for the compromise entered into,

they submit that they have entered into the compromise without

there being any fear or force or pressure from anybody and with

free consent taking into consideration the paramount interest and

welfare of the minor children of the appellant/granddaughters of the

respondent and to develop good relationship with the minor

children and the family of the respondent family for better future as

well as to put an end to the litigation.

10. The appellant further undertakes that in case 'B' schedule

property is acquired by the Grama Panchayat for road widening, he

would provide an alternative site with the same dimension of 14 x

20 feet in the same village.

11. However, we make it clear that the appellant shall

handover the vacant site bearing katha VP No.120 measuring 14 x

20 feet situated at Inorahosahalli village, Kasaba Hobli, Bangarapet

Taluk, Kolar District, and the land bearing Sy.No.103/1 to an

extent of 1 acre 20 guntas situated at Yeluvalli, Kasaba Hobli,

Bangarpet Taluk, morefully described as Schedule 'A' and 'B'

properties within three months, failing which, the respondent is at

liberty to file necessary application for revival of this order.

12. Accordingly, in terms of the compromise petition,

Miscellaneous First Appeal is disposed off.

Sd/-

Judge

Sd/-

Judge

Nsu/-