Smt. Manjula vs B. Veerabhadraiah
2022 Latest Caselaw 660 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 14TH DAY OF JANUARY, 2022

                           PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                             AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

           REGULAR FIRST APPEAL NO.1674/2014 (SP)

BETWEEN:

SMT. MANJULA
D/O H. MUNIYAPPA,
W/O. L.LAKSHMI NARYANA,
AGED ABOUT 39 YEARS,
R/AT NO. 1080, IV CROSS,
NARASAPPA BUILDING,
LAWRENCE SCHOOL ROAD,
KALYANA NAGAR,
T. DASARAHALLI,
BANGALORE-560057.
                                              ... APPELLANT

(BY SRI L.M.RAMAIAH GOWDA, ADV.)

AND:

1.     B. VEERABHADRAIAH
       S/O LATE BORAIAH
       AGED ABOUT 58 YEARS,
       R/AT NO. 105/15, 4TH CROSS,
       2ND MAIN, BOVIPALYA,
       BANGALORE-560086.

2.     ASHOK KUMAR
       S/O LATE K.M. CHANNEGOWDA,
       AGED ABOUT 58 YEARS,
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     R/AT NO. 45, 8TH CROSS,
     RAILWAY PARALLEL ROAD,
     MALLESHWARAM, BANGALORE.

3.   BHADRE GOWDA
     S/O LATE BORAIAH,
     AGED ABOUT 45 YEARS,
     NO. 105/15, 4TH CROSS,
     2ND MAIN, BOVIPALYA,
     BANGALORE-560086.

4.   CHANDRAHASA
     S/O SAMPAIAH,
     AGED ABOUT 46 YEARS,
     R/AT NO. 183, 8TH MAIN,
     GANESHA BLOCK,
     MAHALAKSHMI LAYOUT,
     BANGLAORE-560086.

5.   T.K. KRISHNAPRASAD
     S/O LATE V. KEMPAIAH,
     AGED ABOUT 42 YEARS,
     R/AT NO. 11/2,
     1ST CROSS, IST MAIN,
     BOVIPALYA,
     BANGALORE-560086.

6.   SREENIVASA
     S/O LATE KARIYAPPA,
     AGED ABOUT 58 YEARS,
     R/AT NO. 105/15, 4TH CROSS,
     II MAIN, BOVIPALYA,
     BANGALORE-560086.

7.   V. RAJU
     S/O VEERABHADREGOWDA,
     AGED ABOUT 46 YEARS,
     R/AT NO. 21/1, I MAIN,
     SREEKANTESHWARANAGAR,
     MAHALAKSHMI LAYOUT,
     BANGALORE-560086.
                            3


8.    D.S. SUBRAMANYA
      S/O D. VENKATA REDDY,
      AGED ABOUT 49 YEARS,
      R/AT NO. 1024, 7TH CROSS,
      FIRST MAIN, VIJAYANANDANAGARA,
      MAHALAKSHMI LAYOUT,
      BANGALORE-560086.

9.    N. MUNIRAJU
      S/O NARAYANAPPA,
      AGED ABOUT 42 YEARS,
      R/AT CHANNAYAKANAPALYA,
      DASANAPURA HOBLI,
      BANGALORE NORTH TALUK,

10.   LAKSHMISAGAR
      S/O L.LAKSHMINARAYANA,
      AGED ABOUT 24 YEARS,

11.   MASTER. NAVEEN
      S/O L.LAKSHMINARAYANA,
      AGED ABOUT 15 YEARS,
      MINOR REPRESENTED BY HIS FATHER AND
      NATURAL GUARDIAN LAKSHMINARAYANA

SL.NO.10 AND 11 ARE
R/AT NO. 1080, IV CROSS,
NARASAPPA BUILDING,
LAWRENCE SCHOOL ROAD,
KALYANA NAGAR, T. DASARAHALLI,
BANGALORE-560057.
                                        ... RESPONDENTS

(BY SRI MANJUNATH M.HEGDE, ADV. FOR C/R1-R9,
 SRI R.PURUSHOTHAMA, ADV. FOR R10 & R11.)

     THIS REGULAR FIRST APPEAL IS FILED U/SEC.96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED:28.08.2014
PASSED IN O.S.NO.1310/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE, NELAMANGALA, DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE.
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     THIS REGULAR FIRST APPEAL COMING ON FOR HEARING
ON INTERLOCUTORY APPLICATION THIS DAY, G.NARENDAR J,
DELIVERED THE FOLLOWING:

                        JUDGMENT

Heard the learned counsel for the appellant and the

respondents.

2. The matter was listed on 11.01.2022 and the

parties had presented an application under Order 23 Rule 3

of the CPC and submitted that the parties have arrived at

negotiated settlement and that the terms of the settlement

have been detailed under the application dated supra and it

is prayed by the counsels that the appeal be disposed off

and decree be drawn-up in terms of compromise.

3. The terms of compromise read as under:-

          "THE    APPELLANT        AND   RESPONDENTS
     SUBMITS AS FOLLOWS:-

herein on 06.06.2007 have entered into an agreement with the Appellant herein to

Acre 37 Guntas out which 05 guntas is a kharab land situated at Mallapura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru

Rural District for total sale consideration of a sum of Rs.2,16,00,000/-. It is relevant to place on record that on the day when the Respondent No.1 to 9 had entered into an agreement with the Appellant to purchase the property referred to above, the Respondent No.10 & 11 were minors, the appellant being their mother have executed the agreement of sale dated 06.06.2007 on their behalf also i.e., has their minor guardian. Has such the appellant has executed the agreement of sale not only on her behalf but also on behalf of Respondent No.10 & 11 as their minor guardians, presently they have attained the age of majority.

Under the agreement of sale dated 06.06.2007, the Respondent No.1 to 9 herein have paid advancement of a sum of Rs.30,00,000/- to the Appellant, further they have agreed to pay the balance sale consideration of a sum of Rs.1,86,00,000/- at the time of execution and registration of the sale deed, when Appellant herein did not come forward to execute the sale deed in terms of the agreement of sale dated 06.06.2007, the Respondent No.1 to 9 herein on 01.09.2008 have filed a suit in O.S No.1490/2008 before the Senior Civil Judge, Bengaluru Rural for the relief of specific performance of the agreement dated 06.06.2007.

Pursuant to filing of the suit with the leave of the court on 16.10.2008 they have deposited the balance sale consideration of Rs.1,86,00,000/- vide three R.O. No's. 0532804, 0532805 & 0532806. On 22.01.2009 Learned 1st Additional Civil Judge, Senior Judge, Bengaluru Rural has ordered to invest the said sum of Rs.1,86,00,000/- at Karnataka Bank, City Civil Court, Bengaluru initially for a period of one year with automatic renewal, pursuant to order dated 22.01.2009 the office of Civil Judge, Senior Judge, Bengaluru Rural on 03.03.2009 has invested the said money of Rs.1,86,00,000/- by virtue of three cheques which detailed as hereunder:-

i. A sum of Rs.23,25,000/- vide Court Cheque No. 080387 dated 03.03.2009 drawn in favour Karnataka Bank City Civil Court Branch, Branch;

ii. A sum of Rs.23,25,000/- vide Court Cheque No. 080388 dated 03.03.2009 drawn in favour Karnataka Bank City Civil Court Branch, Branch;

iii. A sum of Rs.1,39,50,000/- vide Court Cheque No. 080389 dated 03.03.2009 drawn in favour Karnataka Bank City Civil Court Branch.

Said bank upon receiving the aforesaid three cheques from the court, they have invested the said amount under F.D No.1171500241311101 dated 04.03.2009. As on today the bank accounts reads a sum of Rs.4,32,79,000/-, (Rupees Four Crore Thirty Two lakhs Seventy nine thousand only) precisely the said amount is under deposit with the Karnataka Bank, City Civil Court Branch, Bengaluru.

Subsequent to establishment of Senior Civil Judge, Nelamangala, suit in O.S No.1490/2008 was transferred to Senior Civil Judge, Nelamanagala, pursuant to transfer the suit has been renumbered as O.S No. 1310/2009. Said suit upon contest came to be decreed on 28.08.2014. It is as against the said Judgment and Decree the present Appeal has been preferred by the Appellant herein.

2. At the intervention of the elders, well-wishers, friends and relatives the Appellant and Respondents herein have agreed to settle the dispute amicably which as hereunder:-

The Appellant and respondent No.10 & 11 have agreed to execute the sale deed in favour of Respondent No.7 herein namely Sri. V. Raju. i.e., to an extent of 3 Acres 37 Guntas out of which 5 guntas is a kharab land forming Northern Portion of Land bearing Sy 101 of Mallapura Village, within 15 days from the date

of securing 11(e) sketch from the concerned authority the portion agreed to be conveyed by the Appellant and Respondent No. 10 & 11 in favour of Respondent No.7, has been shown with a blue coloured ink and it is shown 'A' Schedule to the compromise petition and the remaining 1 Acre of land in Sy No.101 retained by the Appellant has been shown with yellow colour ink and it has been described as Schedule 'B' property to the compromise petition.

The Respondents 1 to 6 and 8 & 9 have agreed that they have no objection to execute the sale deed by the Appellant and Respondent No.10 & 11 in favour of Respondent No.7. The Respondents 1 to 6,8 & 9 have no right, title or interest in respect of property shown as Schedule 'B' to the compromise petition.

It is further agreed between the parties that the Appellant herein apart from retaining one Acres of land Sy No.101 forming the southern portion of land in Sy No.101 of Mallapura, she is also entitled to receive a sum of Rs,2,05,00,000/- (Two Crores Five Lakhs Rupees Only). Which under the deposit, The Respondents 1 to 9 herein have no objection of any nature in releasing Rs.2,05,000,000/- (Two Crores Five Lakhs Rupees Only) to the

bank account of the Appellant from the Court Deposit.

The material particulars of the bank account of the Appellant is as hereunder:-

           i.     Smt.   Manjula      H.M      bearing   Adhar
                  No.362720114009               &            PAN
                  No.BDTPM6559B,         Karnataka       Bank,
                  Nelamanagala       Branch,    Nelamanagala,

Account No. 5572500100012601, IFSC Code:- KARB0000557.

As regards the balance deposit amount is concern, the same be ordered to be paid to the Respondent No.1,2,3,4,5,7,8 and 9 in the following manner:-

i. A sum of Rs.37,64,737/- (Rupees Thirty Seven Lakhs Sixty four thousand seven hundred thirty seven only) be ordered to transferred to the Bank Account of Respondent No.1 namely B. Veerabhadraiah maintained by him with Axis Bank, Mahalakshmi layout Branch, Bangalore, having Account No. 919010049883725 IFSC Code UTIB0003361;

ii. A sum of Rs.24,95,987/- (Rupees Twenty four lakhs ninety five thousand nine hundred eighty seven only) be ordered to transferred to the Bank Account of Respondent No.2 namely Sri. Ashok

Kumar maintained by him with Malleshwaram Co- operative Bank Limited, Bangalore, having Account No. 001420000039472 having IFSC Code HDFCOCMCOBL;

iii. A sum of Rs.28,45,987/- (Rupees Twenty eight lakhs forty five thousand nine hundred eighty seven only) be ordered to transferred to the Bank Account of Respondent No.3 namely Bhadre Gowda. B maintained by him with The Citizen Co- operative Bank Limited, Bangalore, having Account No. 200203010010853 having IFSC Code SVCB0039002;

iv. A sum of Rs.31,47,987/- (Rupees Thirty one lakhs forty seven thousand nine hundred eighty seven only) be ordered to transferred to the Bank Account of Respondent No.4 namely Chandrahasa K.S maintained by him with The Janatha Co- operative Bank Ltd, Malleshwaram Branch, Bangalore, having Account No.200204010002393 IFSC Code HDFC0CJCBKL(Fifth number is Zero);

v. A sum of Rs.48,65,354/- (Rupees Forty eighty lakhs sixty five thousand three hundred fifty four only) be ordered to transferred to the Bank Account of Respondent No.5 namely T. K. Krishnaprasad maintained by him with Union Bank of India, Mahalakshmi layout Branch,

Bangalore, having Account No. 510101006525196 IFSC Code UBIN0904503;

vi. A sum of Rs.33,23,224/- (Rupees Thirty three lakhs twenty three thousand two hundred twenty four only) be ordered to transferred to the Bank Account of Respondent No.7 namely Raju. V maintained by him with HDFC Bank, Peenya Branch, having Account No.50100213373929 having IFSC Code HDFC0001232;

vii. A sum of Rs.10,08,487/- (Rupees Ten lakhs eight thousand four hundred eighty seven only) be ordered to transferred to the Bank Account of Respondent No.8 namely D.S Subramanyam. maintained by him with Karnataka Bank Ltd, Mahalakshmi Lay-Out Branch, Bangalore, having Account No. 1122500100722601 having IFSC Code KARB0000112;

viii. A sum of Rs.13,27,237/- (Rupees Thirteen lakhs twenty seven thousand two hundred thirty seven only) be ordered to transferred to the Bank Account of Respondent No.9 namely N.Muniraju. maintained by him with Canara Bank, Chikkabidarakallu Branch, Bangalore, having Account No. 1199101011218 having IFSC Code CNRB0001199;

have no objection in dispersment of the amount which is under deposit.

Further if any interest is accrued in the fixed deposited amount pursuant to this compromise, said intrest amount is payable to Respondent No.1 of which the appellant and respondent No.2 to 11 have no objection in any nature.

ix. The Respondents 1 to 11 have no objection in refunding the court fee in favour of the Appellant in terms of the court fee and suit valuation act.

The Appellant and the respondent No.10 & 11 shall executed the sale deed in favour of the Respondent No.7 i.e., to an extent of 3 Acres 37 Guntas out of which 5 guntas is a kharab land forming Northern Portion of Land bearing Sy 101 of Mallapura Village which is having the following boundaries:-

East By:- Land bearing Sy No.99 & Sy No.100 presently a residential layout formed therein;

West By:- Sy No.102,103 & 104 presently a residential layout formed therein;

North By:- Grama Thana of Mallapura Village;

South By:- 1 Acres of land retained by the Appellant and Respondent No.10 & 11 herein.

Within 30 days of the date of entering into the compromise. In case the Appellant and respondent no.10 & 11 commits any default in not conveying the property referred to above within the time agreed then the Respondent No.1 to 9 herein by enforcing the compromise decree passed in the above case can have the sale deed executed through the process of the court i.e., by filing an execution in that regard. The Respondents 1 to 9 have came into possession of the property under the agreement of sale dated 06.06.2007. By virtue of this compromise they have handed over 1 Acre of land forming southern portion of land in Sy No.101 of Mallapura Village in favour of the Appellant herein.

That the respondent No.10 herein has filed suit in OS.No.506/2013 against the appellant and respondent No.1 to 9 and 11 herein before the Senior Civil Judge Nelamanagala for the relief of partition and separate possession in respect of subject matter of the property. That the respondent No.10 herein has place an undertaking to this Hon'ble court to with draw the said suit unconditionally.

There is no collusion in between the Appellant and the Respondents in entering into this compromise, on their own volation without any coercion, fraud, undue influence or inducement they have entered into this compromise petition.

Wherefore, it is most humbly prayed that this Hon'ble Court be pleased to dispose of the appeal in terms of the compromise without any order as to cost to meet the ends of justice.

SCHEDULE-A Land bearing Sy No.101 measuring 3 Acres 32 Guntas and 5 Guntas is a Kharab Land totally measuring 3 acres 37 guntas out of the total extent of 4 Acres 37 Guntas forming northern portion of land bearing Sy No.101 situated at Mallapura Village, Kasaba Hobli, Nelamangala Taluk having the following boundaries:-

East By:- Land bearing Sy No.99 and Sy No.100 presently a residential Layout formed therein (Balaji Layout);

West By:- Sy         No.102,103   &    104    presently    a
              residential   Layout       formed    therein
              (Government         Employees        Society
              Layout);

North By:- Grama Thana of Mallapura Village;

South By:- 1 Acres of land retained by the Appellant and the Respondent No.10 & 11 herein.

SCHEDULE-B The Land measuring 1 Acre out of 4 Acre 37 Guntas in Sy No.101 of Mallapura Village, Kasaba Hobli, Nelamangala Taluk retained by the Appellant, which is having the following boundaries:-

East By:- Land bearing Sy No.99 and Sy No.100 presently a residential Layout formed therein (Balaji Layout);

West By:- Sy No. 104 presently a residential Layout formed therein (Government Employees Society Layout);

North By:- 'A' Schedule Property mentioned in the compromise petition measuring 3 Acres 37 Guntas in same survey number;

South By:- Hullegowdanahalli Yelle."

4. In view of the Standard Operating Procedure

(SOP) adopted by the High Court in the backdrop of the

pandemic, the parties were directed to present themselves

before the Registrar (Judicial), the Registrar (Judicial) for

the purposes of verification and identification of the parties

in the cause title and in the identity cards produced by

them, certain discrepancies were found in the names of the

parties, for example where one party was described without

initial and the identity card produced bore the initial. In

view of the minor discrepancies the report was prepared

and submitted before the Court by the Registrar (Judicial).

Learned counsels thereafter submitted that they shall

identify the parties and in exercise of the same, the

respective counsels filed memorandum of facts explaining

the minor discrepancies.

5. On perusal of the report and the memorandum

of facts filed by the respective counsels, it is seen that the

discrepancies are minor in nature. The parties are also

identified by their respective counsels virtually.

6. In that view of the matter, the application under

Order 23 Rule 3 of CPC is taken on record and is allowed.

Consequently, the appeal stands disposed off in terms of

the settlement arrived at and detailed in the application.

Appeal stands disposed off accordingly.

7. Office is directed to draw a decree in terms of

the settlement detailed in the compromise petition.

8. The office to look-in and refund such permissible

court fee. The learned counsels submit that certain

deposits have been made before the trial court and that the

trial court records are necessary to withdraw the same.

9. In view of the submission, the Registry is

directed to expedite the drawing-up of the decree and

thereafter forthwith forward the trial court records to the

trial court for necessary action.

In view of disposal of the appeal, I.A. 1/2020 for early

hearing does not survive for consideration and is

accordingly, disposed off.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR