Karnataka High Court

Krishnappa vs Chandregowda on 9 March, 2022

Bench: R. Nataraj

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
       DATED THIS THE 9TH DAY OF MARCH, 2022
                        BEFORE
         THE HON'BLE MR. JUSTICE R. NATARAJ
 REGULAR SECOND APPEAL NO. 2430 OF 2018 (PAR)
BETWEEN:

       KRISHNAPPA
       SINCE DEAD BY LR'S
1.     MEENAKSHI
       W/O. LATE KRISHNAPPA
       AGED ABOUT 43 YEARS
2.     KUM. PAVITHRA
       D/O. LATE KRISHNAPPA
       AGED ABOUT 20 YEARS
3.     KUM. SUCHITHRA
       D/O. LATE KRISHNAPPA
       AGED ABOUT 17 YEARS
       SINCE MINOR REP. BY HER
       NATURAL GUARDIAN AND MOTHER
       SMT. MEENAKSHI
       ALL ARE RESIDING AT NO.358
       MAGADI MAIN ROAD
       NEAR LIBRARY BYADARAHALLI
       BENGALURU NORTH TALUK,
       BENGALURU.                     ..... APPELLANTS

(BY SRI. MANJUNATH S. ADV. FOR SRI. MANJUNATH H.N.)

AND:

1.     CHANDREGOWDA
       S/O. LATE CHIKKANNA
       AGED ABOUT 65 YEARS
       R/AT. BYADARAHALLI
       YESHWANTHPURA HOBLI,
       BENGALURU NORTH TALUK.
       SINCE DECEASED REP. LR'S
                            -2-




1(a). SMT. SUMITHRA
      W/O. LATE CHANDREGOWDA
      AGED ABOUT 64 YEARS

1(b). SMT. CHANDRAKALA
      W/O. VASANTH KUMAR
      AGED ABOUT 36 YEARS

1(c). SMT. PRATHIKA
      W/O. PRAKASH
      AGED ABOUT 31 YEARS

     ALL ARE R/AT. NO.323
     MAGADI ROAD, BYADARAHALLI,
     YESHWANTHPURA HOBLI,
     BENGALURU-560 091.             .... RESPONDENTS

( BY SRI. VENUGOPAL M.S. ADV)


     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 20.08.2018 PASSED IN R.A.NO.147/2016 ON
THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS
JUDGE,   BENGALURU    RURAL    DISTRICT,  BENGALURU
DISMISSING THE APPEAL AND CONFIRMING THE ORDER
DATED 30.03.2016 PASSED IN FDP NO.14/2003 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE
RURAL DISTRICT, BANGALORE, ALLOWING THE PETITION
FILED UNDER ORDER 20 RULE 18 R/W. SECTION 151 OF
CPC.

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

                           ORDER

The suit O.S.No.104/1993 was filed for partition

and separate possession.

2. The said suit was decreed in terms of the

judgment and decree dated 23.09.2002 passed by the

I Addl. Civil Judge (Sr.Dvn.), Bengaluru Rural District,

Bengaluru in O.S.No.104/1993 which was modified by

this Court in R.F.A.No.1248/2002 by which it was

declared that the plaintiff is entitled for 1/6th share in

the suit schedule property.

3. Later, F.D.P No.14/2003 was initiated by the

plaintiff/appellant herein in which 1/6th share was

demarcated as per the report of the Court

Commissioner which was challenged by the plaintiff

contending that the demarcation was not proper. The

First Appellate Court in R.A.No.147/2016 dismissed the

appeal confirming the order passed in

F.D.P.No.14/2003.

4. Being aggrieved by the judgment and order

dated 20.08.2018 passed by the IX Addl. District and

Sessions Judge, Bengaluru Rural District, Bengaluru in

R.A.No.147/2016, the present Regular Second Appeal is

filed.

5. The appellants herein are the legal

representatives of deceased plaintiff while the

respondent is the legal representative of deceased

defendant.

6. The parties have now entered into

settlement and have reported a compromise, the terms

of which are as follows;

a. In terms of the decree passed in RFA No.1248/2002 dated 30.01.2009, the th appellants entitled for 1/6 share in each of item No.1 to 4 of schedule 'A' property which would result in small portions in each item of schedule property which would diminish the value and also prevent them from better enjoying the same. As such, they have requested to allot their entitlement of land as a compact block and also requested the respondents to allot additional extent of land to put quiets to the long drawn litigations. Keeping in view of the long drawn litigation and in order to facilitate the amicable settlement of the dispute the respondents herein have agreed to allot an extent of 1 Acres out of 2 Acre in Sy No.10/2 which is item No.4 of the schedule 'A' property, towards full and final settlement of the claim of the appellants over the schedule 'A' property and the Appellants hereto have agreed to receive an extent of 1 Acre out of 2 Acre of land in Sy No.10/2 which is Item No.4 of schedule 'A' property towards full and final settlement of their claims.

b. That, the appellants are together allotted with an extent of 1 Acre out of 2 Acre of land Sy No.10/2 towards full and final settlement of their share under the Decree in FDP No.14/2003 and R.A.No.147/2016 and they shall enjoy, possess and hold the same as its absolute owner. The land allotted to the share of Appellants is more fully described in Schedule 'B' to this compromise petition and the same is earmarked in the attached sketch in 'Yellow colour'. The property described in schedule 'B' is allotted to the exclusive share of Appellants.

c. That, the Respondents herein are allotted with the remaining extent of land in Sy.No.10/2 measuring 1 Acre which is earmarked in 'Blue colour' in the attached sketch and Item No.1, Item No.2 and Item No.3 of Schedule 'A' property which are morefully described in Schedule 'C' to this compromise petition and they shall hold, own and possess the same as its absolute owner thereof. The properties described in Schedule 'C' are allotted to the exclusive share of Respondents herein.

d. That the parties are put in exclusive possession of their respective shares as mentioned above and they have accepted delivery of their exclusive possession and respective parties have no rights to interfere with the possession and enjoyment of properties allotted to the other party and respective parties are entitled to have peaceful possession and enjoyment of the properties allotted to their respective shares

without any interference by the other parties/sharers.

e. That, the parties release their interest in the properties allotted to the share of other party and the respective parties shall become absolute owners of the shares allotted to respective parties.

f. That, the respective parties shall be entitled to have the Khatha of the properties allotted to the respective shares in their respective names and pay the taxes to the concerned authorities.

g. That, the parties declare that the terms of this compromise is lawful and in the best interest of the parties hereto and as such there is no illegality in this compromise. That, the parties have signed this compromise petition out of their own free Will and there is no threat or coercion from anybody to arrive at this compromise.

h. That, the parties declare and confirm that, by accepting the division of the properties as stated above the decreed passed in RFA No.1248/2002 by this Hon'ble Court and Decree passed in FDP No.14/2003 and R.A.No.147/2016 stands complied in entirety. Hence, the parties pray that the final decree may be drawn in terms of this compromise. The sketch attached hereto may be treated as part and parcel of this compromise petition.

7. As a result of the compromise, the 1/6th

share of the plaintiff is now agreed to be demarcated

between the parties in one block as per schedule B,

while the schedule C property is allotted to the share of

the defendant in the suit.

8. The parties are present in person and they

accept and acknowledge the terms of the compromise.

9. Since the compromise petition is just, fair

and legal, the same is accepted.

10. Consequently final decree drawn by the

Court of the IX Addl. District and Sessions Judge,

Bangalore Rural District, Bangalore on 20.08.2018 in