C.B.Somashekar vs Smt. C.B.Asha
2022 Latest Caselaw 2749 Kant

                            1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                         PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

          REGULAR FIRST APPEAL NO.1965/2016 (PAR)

BETWEEN:

1.     C.B.SOMASHEKAR,
       S/O LATE GOVINDAPPA,
       AGED ABOUT 35 YEARS,
       R/O. HARIHARESWARA TEMPLE,
       BEHIND RANGA MANDHIR, KOTE,
       CHIKMAGALUR CITY-577101.

2.     SMT. ANASUYAMMA,
       W/O LATE GOVINDAPPA,
       AGED ABOUT 63 YEARS
       R/O. HARIHARESWARA TEMPLE,
       BEHIND RANGA MANDHIR, KOTE,
       CHIKMAGALUR CITY-577101.
                                            ... APPELLANTS
(BY SRI M.G.RAGHAVENDRA, ADV.)

AND:

SMT. C.B.ASHA,
W/O HARISH BABU,
D/O. LATE GOVINDAPPA,
AGED ABOUT 39 YEARS
R/O GUDDENAHALLI BELUR ROAD,
HASSAN DISTRICT.-573201.
                                           ... RESPONDENT
(BY SRI C.T.PARAMESHWARAPPA, ADV.)
                                   2


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:
04.03.2016 PASSED IN OS.NO.78/203 ON THE FILE OF THE 1ST
ADDL.     SENIOR    CIVIL    JUDGE,    CHIKKAMAGALURU,       PARTLY
DECREEING     THE     SUIT     FOR    PARTITION    AND    SEPARATE
POSSESSION.


     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, SHIVASHANKAR AMARANNAVAR J, DELIVERED THE
FOLLOWING:


                              JUDGMENT

Heard the learned counsel for the appellants.

2. The appeal is filed challenging the judgment and

decree passed in O.S. No.78/2013. The compromise

petition has been filed under Order 23 Rule 3 of CPC signed

by the appellants/respondents and their respective

counsels. The Registrar (Judicial) was directed to ascertain

the identity of the parties. The parties appeared before the

Registrar (Judicial). In the report dated 04.02.2022, the

Registrar (Judicial) has noted some discrepancies in the

names of appellants No.1 and 2. The counsel for the

appellants affirms the identity of the parties.

3. The terms of the compromise reads as under:-

"COMPROMISE PETITION UNDER ORDER 23, RULE 3 AND READ WITH SECTION 151 OF CIVIL PROCEDURE CODE

The parties to the above suit submit as follows: -

1. The appellant being aggrieved by the judgment and decree dated 04/03/2016 passed in O.S.No:78/2013 before the 1st Additional Senior Civil Judge at Chikkamagaluru and the appellant prefers this Memorandum of Regular First Appeal.

2. During the pendency of the appeal, at the intervention of well wishers, relatives and friends, the parties to the above suit have entered into an amicable compromise.

3. The Parties have under this compromise and in order to end the litigation inter se between the Parties pertaining to their claim over the suit schedule properties have agreed and accepted to enter into this compromise petition on the following terms:

a. The Sri. Somashekhar the Appellant No.1 herein and Smt.Anasuyamma the Appellant No.2 herein hereby release their share, title and interest over the Item No. 6 to 9 i.e., western portion of the agricultural property bearing Sy.No.277, measuring 0-4 guntas including portion of kharab out of 0.21 ½ guntas including 0.13 guntas of Kharab land, situated at Chikkamagaluru Village and Northern portion of the property bearing Sy.No.391/2 measuring 0.13

guntas, out of 0.0-26.04 guntas, situated at Chikkamagalur Village, and Western portion of the property bearing Sy No.299/2, wet land measuring 0-9 guntas out of 0-21 guntas, situated at Chikkamagaluru Village and Eastern portion of the property Vacant site bearing Municipal Assessment No.771/771, measuring about 11 feet X 50 feet, situated at Kanadalu Road, Chikkamagaluru City, absolutely in favour of the Smt.C.B.ASHA the Plaintiff the respondent herein.

b. The Smt.C.B.Asha the Plaintiff the respondent herein and the Smt.Anasuyamma Defendant No.2 Appellant No.2 herein have also released their right, title, claim or share whatsoever over the Item No.1 to 4 i.e., Eastern portion of the property Vacant site bearing Municipal Assessment No.771/771, measuring about 15 feet X 76 feet, situated at Kanadalu Road, Chikkamagaluru City and Eastern portion of the agricultural property bearing Sy.No.277, measuring about 0-4 ½ guntas including portion of kharab out of kharab 0.21 ½ guntas including 0.13 guntas of Karab land, situated at Chikkamagalore Village and Southern portion of the property bearing Sy No.391/2, measuring 0.13.04 guntas out of 0.26.04 guntas or remaining portion of land in Sy No.391/2 after deducting the share of respondent i.e., 0.13 guntas, situated at Chikkamagaluru Village and Western portion of the property bearing Sy No.299/2, Wet land measuring 0-12 guntas out of 0-21 guntas, situated at Chikkamagaluru Village, in favour of Sri.C.B.SOMASHEKHAR the Defendant No.1, the Appellant No.1 herein.

c. The Smt.C.B.Asha the Plaintiff the respondent herein and the Sri.C.B.Somashekhar Defendant No.1 Appellant No.1 herein have also released their right, title, claim or share whatsoever over the Item No.5 i.e., the property Mangalore tiled house property bearing Municipal Assessment No.924/829, measuring about 13 feet X 13 feet total 169 square feet situated at Harihareshwara Street, Chikkamagaluru City in favour of Smt.ANASUYAMMA the Defendant No.2, the Appellant No.2 herein.

4. Each of the Parties hereby declare that they have hereby released and relinquished all their rights, interest, share and title over the property allotted to the share of the other properties. The Parties have been put in to possession of shares allotted to them under this compromise petition and further declare that the properties allotted to the parties are the absolute properties and shall enjoy exclusively and rights shall vests with the respective party and are sole responsible for their respective shares allotted to them.

5. All the original documents are handed over to the respective parties as per the allotment of the schedule properties and joint properties original documents are with the custody of the Appellant No.1 and the Appellant No.2 and Respondent have no objections for the same.

6. The parties agreed for this compromise petition with free will and consent and there is no threat, coercion or fraud on the parties.

7. The Parties shall change the khatha to their respective names to the property allotted to their respective shares.

8. The Parties shall get the Partition agreed under this compromise petition registered at the jurisdictional sub- registrar office at their costs.

Properties allotted to Sri. SOMASHEKAR (Appellant No.1)

ITEM No.1:

(Eastren portion of Schedule B Property) All that piece and parcel of Eastern portion of the property Vacant site bearing Municipal Assessment No.771/771, measuring about 15 feet X 76 feet, situated at Kanadalu Road, Chikkamagaluru City having following boundaries.

East By : Property of Chandrashekar, West By : Property allotted to Respondent, remaining Portion of this Site Number and 4 feet passage North By : Property of Sanjivappa, South By : Property of Rangappa.

ITEM No.2 (Eastern portion of Schedule D Property) All that piece and parcel of Eastern portion of the agricultural property bearing Sy.No.277, measuring about 0-4 ½ guntas including portion of kharab out of kharab 0.21 ½ guntas including 0.13 guntas of Karab land, situated at Chikkamagalore Village, Bounded as follows:-

              East By    : Property of Hanumanjja,
              West By    : Property allotted to Respondent,
                         remaining Portion of this Survey
                         Number.

North By : Property of Sanjivappa, South By : Property of Boranna.

ITEM No.3:

(Southern Portion of Schedule E Property) All that piece and parcel of Southern portion of the property bearing Sy No.391/2, measuring 0.13.04 guntas out of 0.26.04 guntas or remaining portion of land in Sy No.391/2 after deducting the share of respondent i.e., 0.13 guntas, situated at Chikkamagaluru Village, having following boundaries.

              East By    : Road,
              West By    : Property of Krishnamurthy,

North By : Property allotted to Respondent, remaining Portion of this Survey Number.

South By : Gomala.

ITEM No.4 (Western Schedule F Property)

All that piece and parcel of Western portion of the property bearing Sy No.299/2, Wet land measuring 0-12 guntas out of 0-21 guntas, situated at Chikkamagaluru Village, having following boundaries.

East By : Property allotted to appellant No.1, remaining Portion of this Survey Number.

                West By     : Property of Rangappa,
                North By    : Property of Eshwarappa,
                South By    : Road.

Property allotted to ANASUYAMMA (Appellant No.2) ITEM No.5 (Schedule 'C' Property) All the piece and parcel of the Mangalore tiled house property bearing Municipal Assessment No.924/829, measuring about 13 feet X 13 feet total 169 square feet situated at Harihareshwara Street, Chikkamagaluru City, having following boundaries.

                East By     : Property of Sanjivappa,
                West By     : Property of Laxmana,
                North By    : Property of Hanumantha,
                South By    : Road.

Properties allotted to Smt.C.G.ASHA (Respondent) ITEM No.6 (Western portion of Schedule D Property)

All that piece and parcel of western portion of the agricultural property bearing Sy.No.277, measuring 0-4 guntas including portion of kharab out of 0.21 ½ guntas including 0.13 guntas of Kharab land, situated at Chikkamagaluru Village, Bounded as follows:-

East By : Property allotted to appellant No.1, remaining Portion of this Survey Number.

West By : Gomala, North By : Property of Sanjivappa, South By : Property of Boranna.

ITEM No.7 (Northern Portion of Schedule E Property) All the piece and parcel of Northern portion of the property bearing Sy.No.391/2 measuring 0.13 guntas, out of 0.0-26.04 guntas, situated at Chikkamagalur Village, bounded as follows:-

               East By    : Road,
               West By    : Krishnamurthy Property

North By : Property allotted to appellant No.1, remaining Portion of this Survey Number.

South By : Gomala

ITEM No.8 (Western Schedule F Property)

All that piece and parcel of Western portion of the property bearing Sy No.299/2, wet land measuring 0-9 guntas out of 0-21 guntas, situated at Chikkamagaluru Village, having following boundaries.

           East By        : Property of Sanjivappa,
           West By        : Property allotted to appellant No.1,
                          remaining Portion of this Survey
                          Number.



             North By       : Property of Eshwarappa,
             South By       : Road.


ITEM No.9:

(Western portion of Schedule B Property) All that piece and parcel of Eastern portion of the property Vacant site bearing Municipal Assessment No.771/771, measuring about 11 feet X 50 feet, situated at Kanadalu Road, Chikkamagaluru City having following boundaries.

East By : Property allotted to the Appellant No.1 remaining portion of this site number.

             West By        : Road
             North By       : Property of Sanjivappa,
             South By       : 4 feet Passage.

WHEREFORE, the parties in the above appeal respectfully pray that this Hon'ble Court may be pleased to dispose of the above appeal in terms of this compromise petition and draw a final decree in terms of this petition, in the interest of equity and justice.

Sd/-

    Sd/-                                                 Sd/-
ADVOCATE FOR APPELLANTS                             APPELLANTS
    Sd/-                                                 Sd/-
ADVOCATE FOR RESPONDENT                             RESPONDENT


BENGALURU
DATE: 18/1/2022"

4. The appellants No.1 and 2 and respondent

present and they submit that they have compromised the

matter as per the terms mentioned in the compromise

petition. The terms of the compromise are lawful.

5. In view of the above compromise, the decree

passed by the trial court is set-aside and decree is modified

in terms of the compromise.

Office is directed to draw decree in terms of the

compromise.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR