Rangaswamy vs J K Munishankara
2022 Latest Caselaw 8033 Kant

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     IN THE HIGH COURT OF KARNATAKA, BENGALURU

         DATED THIS THE 2nd DAY OF JUNE, 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

               R.F.A.NO.799 OF 2016 (PAR)
BETWEEN

1.     RANGASWAMY
       S/O.LATE KALASAPPA
       AGED ABOUT 70 YEARS
       NO.16, NAGAPPA STREET
       MUNESWARA BLOCK
       PALACE GUTTAHALLI
       BANGALORE-560 003

2.     J.K.ROHITHASHWA
       S/O.LATE KALASAPPA
       AGED ABOUT 66 YEARS
       NO.16, NAGAPPA STREET
       MUNESHWARA BLOCK
       PALACE GUTTAHALLI
       BANGALORE-560 003
                                            ...APPELLANTS
(BY SMT.K.K.THAYAMMA, ADVOCATE)

AND

J.K.MUNISHANKARA
AGED ABOUT 53 YEARS
S/O.LATE KALASAPPA
NO.16, NAGAPPA STREET
MUNESHWARA BLOCK
PALACE GUTTAHALLI
BANGALORE-560 003
                                            ...RESPONDENT

(BY SRI.P.N.HEGDE, ADVOCATE)
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      THIS APPEAL IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 24.03.2016 PASSED
IN OS NO.4538/2011 BY THE XV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCH NO.3), DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION AND ETC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

The appellants and the respondent have filed a Joint

Compromise Petition under Order 23 Rule 3 of CPC, which

has been duly signed by the appellants, respondent and their

respective counsel, who have duly identified the parties. The

parties and their respective counsel are present before the

Court physically and they accept the terms and conditions of

the said compromise petition, which reads as under:-

"1. At the intervention of the well wishers of both the parties the appellant and respondent settled the above matter as follows:

2. The Appellant and Respondent admit the will executed by their mother dated 11.03.1991 bequeathing the property bearing No.16 situated at Nagappa street Bangalore to her three sons B.Rangaswamy, J.K.Munishankara and J.K.Rohithshawara by partitioning the property No.16 in to three equal shares.

3. As per the will dated 11.03.1991 portion of the property bearing No.16, Nagappa street, Muneshwara Block, Palace Guttahalli, Bangalore-03, measuring

east to west 40 feet, North to South 16 ½ feet bounded on east by road, west by conservancy, south by portion give to J.K.Munishankara and north by Venkatarayara's House, given to B.Rangaswamy the appellant No.1 as per the will.

4. Portion of the property bearing No.16 situated at Nagappa Street, Muneshwara Block, Palace Guttahalli, Bangalore-03, measuring east to west 40 feet, North to South 16 ½ feet bounded on East by road, West by conservancy, North by portion of property given to share of B.Rangaswamy, South by portion given to B.Rohithashwa, given to the share of J.K.Munishankara as per the terms of the will.

5. Portion of property bearing No.16 situated at Nagappa Street, Muneshwara Block, Palace Guttahalli, Bangalore-03, measuring east to west 40 feet, North to South 17 feet bounded on East by road, West by conservancy, North by portion of property given to J.K.Munishankara, South by Thimmaiah's house, given to the share of J.K.Rohithashwa as per the terms of the will.

6. The Appellant and Respondent are at liberty to change khatha in respect of the portion of the property allotted to their shares.

7. The Respondent J.K.Munishankara admit that no children born to him. As per the terms of the will, the Respondent and his wife are entitled to enjoy the property given to their shares during their life time. He has no right to sell, mortgage or pledge the property during their life time.

8. The Appellants shall make seperate entrance to enter the portion allotted to their shares within four months after the change of khatha.

9. The Respondents shall measure the portion allotted to his share and put bifurcation wall within his

property given to his share under the will, without encroaching the other two portion given to B.Rangaswamy and J.K.Rohithashwa, at his own cost.

10. The appellants and respondents shall bear the expenses of demolition equally.

11. At present the water, sanitary and electricity connection pass throw the portion allotted to J.K.Munishankara. The Respondent shall not damage the water, electricity and water connection till the appellants takes separate connection to their portions.

12. The plaintiff and defendant shall take separate water, electricity and sanitary connection to the portion allotted to their share under the will, within four months after the change of khatha.

13. The Appellants and Respondent shall withdraw the criminal case pending before 8th A.C.M.M. at Bangalore in C.C.No.11426/2013 and C.C.No.4566/2013.

14. The Respondents undertake to withdraw the Final Decree Proceeding F.D.P.No.25/2017 pending before City Civil Court (C.C.H.-03).

Wherefore, the Appellants and Respondents prays that this Hon'ble Court may be pleased to decree the suit as per the terms of the compromise in the interest of justice."

2. The aforesaid Compromise Petition filed by both

the parties is placed on record. Being satisfied with the same,

the appeal is disposed of in terms of the said Compromise

Petition by modifying the impugned judgment and decree

dated 24.03.2015 passed in O.S.No.4538/2011 by the trial

court and substituting the same with the terms and conditions

of the said Compromise Petition.

Registry to draw up the decree accordingly.

SD/-

JUDGE

BMC/SRL