Karnataka High Court
Ganapathi Urban Co-Operative ... vs H Nagarathnamma on 9 March, 2022
Bench: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO.741 OF 2005 (DEC)
C/w
REGULAR FIRST APPEAL NO.461 OF 2005 (DEC)
IN RFA NO.741/2005
BETWEEN:
SRI.GANAPATHI URBAN
CO-OPERATIVE BANK LTD.,
POST OFFICE ROAD
SAGAR
SHIMOGA DISTRICT
PIN CODE - 577 401
REPRESENTED BY ITS
SECRETARY-CUM-MANAGER
SRI.S.G.SHANBHAG
...APPELLANT
(BY SRI.VISHWANATH R.HEGDE, ADVOCATE )
AND
1. SMT.H.NAGARATHNAMMA
D/O HALAPPA
AGED ABOUT 39 YEARS
RESIDING AT
HOUSE NO.2080, 3RD CROSS
SANJEEVINI NAGARA
HEBBAL
BENGALURU -560 024
2
2. SHRI H.GANESH
SINCE DECEASD BY HIS LRS.
(A) SMT.MAHALAKSHMI
W/O LATE H.GANESH
AGED ABOUT 44 YEARS
(B) KUM. BHANU PRIYA
D/O LATE H.GANESH
MINOR, REPRESENTED BY MOTHER
AND NATURAL GUARDIAN
SMT.MAHALAKSHMI
BOTH ARE RESIDING AT
DODDAMANE
SAMPAKAND POST
SIRSI TALUK
3. MISS.H.USHA
D/O HALAPPA
AGED ABOUT 28 YEARS
RESIDING AT
HOUSE NO.2080, 3RD CROSS
SANJEEVINI NAGARA
HEBBAL,
BENGALURU - 560 024
4. SRI.H.CHANDRASHEKARA
S/O HALAPPA
MAJOR
ATTENDER
LAL BAHADUR ARTS, SCIENCE
AND S.B.SOLABANNA SHETTY COMMERCE COLLEGE
SAGAR
PIN CODE - 577 401
5. THE RECOVERY OFFICER
KCS RULES
DISTRICT CENTRAL CO-OPERATIVE BANK
SHIMOGA
3
6. SRI.SHESHAGIRI RAO
FATHER'S NAME NOT KNOWN
CHOWDESHWARI JEWELLERY WORKS
SORABA ROAD
SAGAR
PIN CODE - 577401
.....RESPONDENTS
(BY SRI.R.V.JAYAPRAKASH, ADVOCATE
FOR R.1 AND R.3 AND R.2(A & B);
SRI.Y.V.PRAKASH, ADVOCATE FOR
SRI.V.K.NARAYANA SHARMA, ADVOCATE FOR R.6;
NOTICE TO R.4 IS D/W V/O/D 25.09.2012
R.5 - SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE
DATED 02.02.2005 PASSED IN O.S.NO.81/1995 ON THE
FILE OF THE CIVIL JUDGE (SR. DN.) SAGAR, DECREEING
THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
IN RFA NO.461/2005
BETWEEN:
SRI.SHESHAGIRI RAO
S/O VAJRU SETT
MAJOR
CHOWDESHWARI JEWELLARY WORKS
SORABA ROAD, SAGAR - 577401
SHIMOGA DISTRICT
KARNATAKA STATE
...APPELLANT
(BY SRI.Y.V.PRAKASH, ADVOCATE
FOR Y.K.NARAYANA SHARMA, ADVOCATE )
AND
4
1. KUMARI N.NAGARATNAMMA
D/O LATE HALAPPA
AGED ABOUT 49 YEARS
HOUSE NO.2080, 3RD CROSS
SANJEEVINI NAGAR
HEBBAL, BENGALURU - 24
KARNATAKA STATE
2. SHRI H.GANESH
SINCE DECEASD BY HIS LRS.
(A) SMT.MAHALAKSHMI
AGED ABOUT 40 YEARS
W/O LATE H.GANESH
(B) KUM. BHANU PRIYA
AGED ABOUT 12 YEARS
D/O LATE H.GANESH
SINCE RESPONDENT NO.2(B) IS MINOR,
REPRESENTED BY SMT.MAHALAKSHMI
W/O LATE H.GANESH
BOTH ARE RESIDING AT
DODDA MANE
SAMPAKAND POST
SIRSI TALUK
NORTH KANNADA DISTRICT
KARNATAKA
3. H.USHA
D/O LATE HALAPPA
AGED ABOUT 38 YEARS
HOUSE NO.2080, 3RD CROSS
SANJEEVINI NAGAR
HEBBAL, BENGALURU - 24
KARNATAKA STATE
5
4. SRI.H.CHANDRASHEKARAPPA
S/O LATE HALAPPA
MAJOR
ATTENDER
LAL BAHADUR ARTS, SCIENCE
AND S.B.SOLABANNA SETTY COMMERCE COLLEGE
SAGAR - TOWN - 577401
SHIMOGA DISTRICT
KARNATAKA STATE
5. THE MANAGER
SRI GANAPATHI URBAN CO-OP. BANK LTD.,
POST OFFICE ROAD
SAGAR TOWN - 577401
SHIMOGA DISTRICT
KARNATAKA STATE
6. RECOVERY OFFICER
K.C.S RULES
DISTRICT CENTRAL CO-OPERATIVE BANK
SHIMOGA TOWN - 577 201
KARNATAKA STATE
.....RESPONDENTS
(BY SRI.R.V.JAYAPRAKASH, ADVOCATE
FOR R.1 AND R.3 AND R.2(A & B);
SRI.VISHWANATH R.HEGDE, ADVOCATE FOR R.5;
R.6 - SERVED;
R.4 - HELD SUFFICIENT)
THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 CPC READ WITH 41 RULE 1 AND 2 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 02.02.2005
PASSED IN O.S.NO.81/1995 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.) SAGAR, DECREEING THE SUIT FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION.
6
THESE REGULAR FIRST APPEALS COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Respondent No.2(b) has filed applications in
I.A.No.1/2022 under Order 22 Rule 12 of CPC in both
matters requesting this Court to discharge the next friend
and grant leave to enter into compromise in the present
case on hand.
2. Perused the affidavits filed in support of the
application - I.A.No.1/2022.
3. On perusal of the materials, it indicates that
respondent No.2(b) has attained majority and therefore,
elected to discharge the next friend.
4. Cause shown in the affidavit filed in support of
the application is accepted. I.A.No.1/2022 is allowed and
the minor guardianship of respondent Nos.2(b) stands
discharged.
5. These two captioned regular first appeals are filed
by defendant No.2 - Sri.Ganapathi Urban Co-operative
Bank Limited and defendant No.4 namely Sheshagiri Rao
questioning the judgment and decree dated 02.02.2005
passed in O.S.No.81/1995. The suit filed by the plaintiffs
i.e., respondent Nos.1 to 3 herein seeking relief of partition
and separate possession is decreed granting 1/4th share
each to the plaintiffs. The same is under challenge before
this Court both by the Bank - defendant No.2 and the
auction purchaser, who was arrayed as defendant No.4.
6. Today, it is reported that the matters are
amicably settled between the auction purchaser, plaintiffs,
as well as Bank.
7. I have gone through the compromise petition
entered into by the respective parties, which is duly signed
by all the parties and identified by their respective counsel.
8. At this juncture, the learned counsel appearing
for the plaintiffs would bring to the notice of this Court that
respondent No.1 - plaintiff No.1 - H.Nagarathnamma is
hospitalized and as such, she is not in a position to appear
before this Court to record the compromise. However, he
would submit to this Court that after verifying the contents
of the compromise petition, in his presence, she has
voluntarily signed the compromise petition accepting the
terms and conditions along with the application.
9. Learned counsel appearing for the plaintiffs have
placed on record the medical records indicating that
respondent No.1 is hospitalized even as on today. Perused
the medical records, which are annexed along with the
application.
10. The presence of respondent No.1 - plaintiff No.1
is dispensed with as she has already signed the
compromise petition.
11. In terms of the compromise arrived at, the
respondents - plaintiffs have agreed to receive a sum of
Rs.2,25,000/- each from the auction purchaser -
defendant No.4. The plaintiffs have agreed to receive a
sum of Rs.75,000/- each from respondent No.5 -
defendant No.2.
12. Learned counsel appearing for the auction
purchaser submits that he has paid a sum of Rs.2,25,000/-
to each of the plaintiffs by way of three demand drafts
dated 07.01.2022 bearing No.660330, dated 12.01.2022
bearing No.660351 and dated 16.02.2022 bearing
No.660441 drawn on Canara Bank, Vijayanagara Branch,
Bengaluru. The learned counsel appearing for the plaintiffs
has acknowledged the receipt of the demand drafts issued
in favour of respondent Nos.1 to 3 - plaintiff Nos.1 to 3.
13. In the compromise petition, it is stated that
defendant No.2 - Bank would pay an amount of
Rs.75,000/- to each of the plaintiffs within a period of one
month from today. This condition incorporated in the said
compromise petition is acceptable to the plaintiffs and they
are willing to wait for one month as undertaken by
defendant No.2 - Bank.
14. Learned counsel appearing for the defendant
No.2 - Bank would submit to this Court that the Chief
Executive Officer - Smt.Lalithamba Ganapathi, who is
present virtually, has gone through the terms of
compromise.
15. The said compromise is lawful and the same is
entered into out of their free will and consent. None of the
parties who are signatories to the compromise petition
have complained any duress, coersion or undue influence.
This compromise petition is admitted and is taken on
record.
16. Accordingly, the appeal is disposed of in terms
of the compromise petition.
17. Draw decree in terms of the compromise
petition placed on record by the parties.
18. Registry is directed to refund the Court fee to
the appellants in RFA No.461/2005 and 741/2005.
19. Since this compromise petition is recorded in
RFA No.461/2005, the connected RFA No.741/2005 also
stands disposed of in terms of the said compromise
petition.
20. The parties are entitled to seek return of original
documents by filing appropriate application before the
competent forum.
Sd/-
JUDGE
NBM
