Karnataka High Court

Smt. Lalitha Divyananda vs Smt. Shantha Koti on 9 February, 2022

Bench: G.Narendar, Shivashankar Amarannavar

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 09TH DAY OF FEBRUARY, 2022

                         PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                R.F.A. NO.654/2017 (DEC/PAR)


BETWEEN:

SMT. LALITHA DIVYANANDA
@ SMT. LALITHA KOTI
W/O DIVYANANDA,
D/O LATE MALLESHAPPA BASAPPA KOTI,
AGED ABOUT 59 YEARS,
R/AT NO.233/A, UPSTAIRS,
56TH CROSS, 3RD BLOCK,
RAJAJINAGAR, BENGALURU-10.
                                               ... APPELLANT

(BY SRI CHANDRASHEKAR P.PATIL, ADV.)

AND:

1.     SMT. SHANTHA KOTI
       W/O SRI. PRASAD S.N
       D/O MALLESHAPPA BASAPPA KOTI,
                                         (SINCE DECEASED BY HER
       AGED ABOUT 62 YEARS,              L.R'S WHO ARE APPELLANT,
       R/AT NO.233/A,                    RESPONDENTS 2 & 3.)
       56TH CROSS, 3RD BLOCK,
       RAJAJINAGAR, BENGALURU-10.

2.     SRI. BASAVARAJA M.KOTI,
       S/O LATE MALLESHAPPA B BASAPPA KOTI
       AGED ABOUT 66 YEARS,
                            2


     RESIDING AT 690, 9TH CROSS,
     10TH MAIN, VIJAYANAGAR 1ST STAGE,
     MYSORE-5770017.

3.   SMT. GIRIJA C.NULVI,
     W/O CHANDRASHEKAR R. NULVI,
     D/O LATE MALLESHAPPA BASPPA KOTI,
     AGED ABOUT 68 YEARS,
     R/O SIDDLINGESHWARA SADNA,
     2ND CROSS, 4TH MAIN, KALYANA NAGAR,
     HUBLI-580 031.

4.   SRI SRINIVASA,
     AGED ABOUT 40 YEARS,
     SHIVA AGENCIES,                               Deleted
     NO.233/A, 56TH CROSS,
     3RD BLOCK, RAJAJINAGAR,
     BENGALURU-10.

5.   SRI KAILASH,                                  Deleted
     AGED ABOUT 45 YEARS,
     SINDU PROVISION STORES,
     NO.233/A, 56TH CROSS,
     3RD BLOCK, RAJAJINAGAR,
     BENGALURU-10.
                                           ... RESPONDENTS

(BY SRI SHARATH S.GOGI, ADV. FOR R2 & R3,
 V/O DATED 27/01/2022, R2 & R3 & APPELLANT ARE
 LR'S OF DECEASED R1; R4 & R5 ARE DELETED)


     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 25.1.2017 PASSED IN OS
NO.7929/2012 ON THE FILE OF THE XXXI ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE (CCH 14), DECREEING THE SUIT
FOR DECLARATION, PARTITION.

     THIS APPEAL COMING ON FOR HEARING-INTERLOCUTORY
APPLICATION THIS DAY, G.NARENDAR J, DELIVERED THE
FOLLOWING:
                               3


                         JUDGMENT

Heard the learned counsel for the appellant and the

learned counsel for the respondents. The parties have filed

into Court a petition drawn-up under Order 23 Rule 3 of the

CPC.

2. It is submitted by the learned counsels that the

parties who are siblings have mutually resolved the disputes

and that the suit schedule properties which are all the self

acquired properties of their late father have now been

distributed amongst the surviving heirs of late Malleshappa

Basappa Koti.

3. It is submitted that the first respondent who is

one of the daughters of late Malleshappa Basappa Koti died

on 31.10.2020 and that her husband also passed away on

20.01.2021. That the said Smt. Shantha Koti and late

Prasad S N had no children out of their marriage and in that

view of the matter, the appellant and respondents No.2 and

3 are the legal representatives of the deceased Smt.

Shantha Koti.

4. The learned counsels identified their respective

clients i.e., appellant and respondent Nos.2 and 3. The

compromise petition reads as under:

COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CIVIL PROCEDURE CODE

The Appellant and Respondents 2 and 3 above named submit as follows:-

1. In the top noted Appeal, the Appellant has challenged the Judgment and Decree dated 25/01/2017, passed by the learned XXXI Addl. City Civil and Sessions Judge Bengaluru (CCH-

14) in O S No. 7929/2012.

2. Appellant was defendant No. 1 and Respondents 1 to 3 were Plaintiffs 1 to 3. Respondent No. 1,died on 31/10/2020 and her husband Sri. Prasad S.N. died on 20/01/2021 and they have no issues. Appellant and Respondents 2 and 3 are the only legal heirs.

3. During the pendency of the top noted Appeal, Respondent No.2 has filed a suit in O.S. No. 88/2020 on the file of Principal Senior Civil Judge, Dharwad for partition and separate possession in respect of Agricultural Land

acres 11 Guntas out of which an extent of 6 Acres 5 Guntas belongs to the Appellant and Respondents No. 2 and 3, situated at Kamalapur Village, Tq. and Dist: Dharwad and RCC House property bearing Corporation No. 88/A/7, Jamkhandimath Layout, Sanmathi Nagar, Dharwad (R.S. No. 47/2B, Old Plot No. 7, New Plot No. 36, of DoddanayakanaKoppa, Dharwad) measuring 4 guntas 6 Annas, which were not part of the suit in O.S. No. 7929/2012 on the file of City Civil Judge, at Bengaluru. The said suit i.e. O.S. No. 88/2020 is pending consideration.

4. Due to the intervention of well-wishers, relatives and Friends, the Appellant and Respondents 2 and 3 have amicably settled their disputes permanently.

5. In view of the settlement arrived among the parties herein, the appellant and respondents 2 and 3 have agreed to allot all the properties i.e. the Suit Schedule property in O.S. No. 7929/2012 on the file of City Civil and Sessions Judge, Bengaluru (CCH-14) and Suit Schedule properties in O.S. No. 88/2020 pending on the

file of Prl. Senior Civil Judge, at Dharwad, on the following terms:-

6. The Respondents 2 and 3 have agreed to allot Schedule "A" property described hereunder in favour of Appellant. Herein after Appellant is the absolute owner and possessor of Schedule "A" property, for ever.

7. The Appellant and Respondent-3, have agreed to allot Schedule "B" property in favour of Respondent No. 2. Herein after Respondent No.-2, is the absolute owner and possessor of Schedule "B" property, for ever.

8. The Appellant has agreed and paid a sum of Rs. 35,00,000/- (Rupees Thirty five Lakhs only) to the Respondent No. 3 through RTGS to her Bank Account No. 20211240149, State Bank of India, Club Road Hubli branch, under UTR No. IBKLR92022010600022756, dated 06/01/2022, from Sri. Eswar Seva Credit Co-Operative Society Ltd., Malleswara, Bengaluru. So also Respondent No. 2 has agreed and paid a sum of Rs. 30,00,000/- (Thirty Lakhs only) to the Respondent No.3 through direct bank transfer to her Bank Account No. 20211240149, State Bank

of India, Club Road Hubli branch, under Ref. No./Cheque No. 568172 dated 07/01/2022 from State Bank of India, C.F.T.R.I. Branch, Mysuru. The Respondent No. 3 has acknowledged receipt of Rs. 65,00,000/- (Rupees Sixty Five Thousand Only), which is described as Schedule "C" Property and thereby Respondent No.3, has no right, title or interest over the Schedule "A" and "B" properties permanently. Further Respondent No. 3 has acknowledged about receipt of Rs. 65,00,000/- (Rupees Sixty Five Thousand Only), towards full and final settlement of her share in the schedule "A" and "B" properties.

9. The Respondent No. 2 has agreed to withdraw the suit in O.S. No. 88/2020, pending on the file of Principal Senior Civil judge, Dharwad, by producing this compromise Order. In case Respondent No. 2, failed to withdraw the suit O.S. No. 88/2020, the appellant can file Memo for withdrawal of the suit by producing

has no objection.

10. The Respondents 2 and 3 have no objection to set aside the Judgment and Decree dated 25/01/2017, passed by the learned XXXI Addl.

City Civil and Sessions Judge Bengaluru City (CCH-14) in O.S. No. 7929/2012.

11. That all parties shall have no claims against each other in any manner whatsoever, except the above allotments. The Parties hereby relinquish their respective rights, title and interest in the properties as per the allotment.

12. All the Parties are at liberty to get transfer of Khatha of respective properties in their name, before competent authorities by producing this Order of Compromise. In case if any other document is necessary for change of Khatha, all the parties have agreed to execute such other documents for transfer of Khatha or entries in revenue records only.

13. The Appellant and Respondents 2 and 3 have not colluded with each other in filing this compromise petition. No. fraud, undue influence or coercion has been played upon the appellant and Respondent No.2 and 3 in taking the aforesaid decision. The Appellant and Respondent No. 2 and 3 have taken the aforesaid decision out of their own free will and volition.

WHEREFORE, the Appellant and Respondent No. 2 and 3, humbly pray that this Hon'ble Court be pleased to

1. Decree the top noted Appeal, in terms of this Compromise Petition.

2. Set aside the Judgment and Decree dated 25/01/2017, passed by the learned XXXI Addl. City Civil and Sessions Judge Bengaluru City (CCH-14) in O.S. No. 7929/2012.

3. Return the entire Court Fees to the Appellant, in the interest of justice and equity.

SCHEDULE "A" PROPERTY (Allotted in favour of Appellant Smt. Lalitha Divyananda)

All that piece and parcel of the house property bearing No. 449/60, old No. 233/A situated at 56th Cross, 10th main Road, 3rd block, Rajajinagar, Sri. Rama Mandira Ward No. 22, Bangalore 560 010, in all measuring East to West 23 ½ feet, North to South 39 feet, with built up ground and first floor RCC roofed building and on 2nd floor ACC sheet roofed house and bounded on East by : Rama Mandira Temple behind Road (10th main)

West by : House bearing No.233/B, South by : House bearing No. 299/A, North by : 53rd Cross Road.

SCHEDULE "B" PROPERTY (Allotted in favour of 2nd Respondent Sri. Basavaraj M. Koti)

1. The Agriculture land bearing Survey/Block No. 107, measuring 12 Acres 11 Guntas out of which 6 Acres and 5 Guntas, assessed at Rs. 35.36 situated at Kamalapur Village, Tq. and Dist:

  Dharwad, bounded on


                   and 109
  West by        : Road,
  South by       : Road,

                   and 106.

2. The RCC House property bearing Corporation No. 88/A/7, Jamkhandimath Layout, Sanmathi Nagar, Dharwad (R.S. No. 47/2B, Old Plot No. 7, New Plot No. 36, of DoddanayakanaKoppa, Dharwad) measuring 4 guntas 6 Annas, bounded on

East by : Road, West by : New Plot No. 35,

South by : Road, North by : New Plot No. 34.

SCHEDULE "C" PROPERTY (Allotted in favour of 3rd Respondent Smt. Girija C. Nulvi)

Rs. 65,00,000/- (Rupees Sixty Five Lakhs only)

Sd/- Sd/-

Advocate for Appellant          Appellant


      Sd/-                         Sd/-
   Advocate for                    Sd/-
Respondents 2 & 3             Respondents- 2 and 3


                VERIFICATION

We, Smt. Lalitha Divyananda @ Smt. Lalitha Koti, the Appellant, Sri. Basavaraj M. Koti and Smt.Girija C. Nulvi, the Respondents 2 and 3 herein, do hereby declare that the statements made herein above are true and correct to the best of our knowledge, information and belief.

Sd/-

Appellant Sd/-

Sd/-

Bengaluru.

Date:31-01-2022 Respondents- 2 and 3

5. It is prayed by the learned counsels and the

parties before the Court that the appeal be disposed of in

terms of the compromise arrive at between the parties. The

submission is placed on record. In that view of the matter,

the judgment and decree of the trial Court in O.S.

No.7929/2012 dated 25.01.2017 is set aside and the appeal

is partly allowed in terms of the compromise petition.