Karnataka High Court
Smt Yallamma vs Basavaraju on 12 March, 2022
Bench: Lok Adalath
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2022
CONCILIATORS PRESENT
THE HON'BLE MR.JUSTICE B. VEERAPPA
AND
SRI M.N. UMASHANKAR, MEMBER
RFA No.439/2018
LOK ADALAT No.1039/2022
BETWEEN:
1. SMT YALLAMMA
W/O SRI Y.KEMPAIAHA
AGED 61 YEARS
R/A KASABA NIJAGAL VILLAGE
SOMAPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
2. SMT KRISHNAMMA
W/O SRI VENKATESH
AGED 43 YEARS
R/A NO.546, 9TH CROSS,
1ST MAIN, DAYANANDA COLLEGE,
NEAR TELEPHONE EXCHNAGE
KUMARASWAMY LAYOUT
BENGALURU-560 078
2
3. SMT ANJINAMMA
W/O SRI PRAKASH
AGED 41 YEARS
R/A RAILWAY STATION ROAD
NEAR KEB, GUBBI TOWN
GUBBI TALUK
TUMKUR DISTRICT-572 216
4. SMT SHANTHAMMA
W/O SRI VENKATESH
AGED 39 YEARS
R/A ANCHEPALYA VILLAGE
AGALAKUPPE DEKHALE
SOMPURA HOBLI AND POST
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT-562 123
(NOTE:THE FIRST TO THE FOURTH APPELLANTS
ARE THE LEGAL REPRESENTATIVES OF THE
FIRST DEFENDANT SRI Y. KEMPAIAH WHO
DIED DURING THE PENDENCY OF O.S. NO.163/2011
AND WERE BROUGHT ON RECORD.)
5. SIDDARAJU
S/O SRI KEMPAIAH
AGED 33 YEARS
R/A KASABA NIJAGAL VILLAGE
SOMPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
6. KRISHNAMURTHY
S/O SRI KEMPAIAH
AGED 31 YEARS
R/A KASABA NIJAGAL VILLAGE
SOMPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
3
7. SURESH
S/O SRI MUTTARAYAPPA
AGED ABOUT 31 YEARS
R/A KASABA NIJAGAL VILLAGE
SOMPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
...APPELLANTS
(BY SRI. C.G.GOPALASWAMY, ADV.)
AND:
1. BASAVARAJU
S/O LATE NANJUNDAPPA
AGED ABOUT 66 YEARS
R/A RAYARAPALYA VILLAGE
KASABA NIJAGAL DAKHALE
BENGALURU RURAL DISTRICT
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
2. RAJSHEKARAIAH
S/O LATE NANJUNDAPPA
AGED ABOUT 64 YEARS
R/A RAYARAPALYA VILLAGE
KASABA NIJAGAL DAKHALE
BENGALURU RURAL DISTRICT
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
3 SIDDARMMALAIAH
S/O LATE NAJUNDAPPA
AGED ABOUT 61 YEARS
R/A RAYARAPALYA VILLAGE
KASABA NIJAGAL DAKHALE
BENGALURU RURAL DISTRICT
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
4
4. SADHASHIVAIAH
S/O LATE NAJUNDAPPA
AGED ABOUT 58 YEARS
R/A RAYARAPALYA VILLAGE
KASABA NIJAGAL DAKHALE
BENGALURU RURAL DISTRICT
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
...RESPONDENTS
(BY SRI. NARENDRA BABU, ADV.)
THIS RFA IS FILED UNDER SEC.96 R/W ORDE XLI RULE 1
OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED
30.11.2017 PASSED IN O.S.NO.163/2011 ON THE FILE OF THE
CIVIL JUDGE(SR. DN.) NELAMANGALA, DECREEING THE SUIT
FOR TEMPORARY INJUNCTION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION
ORDER IS PASSED :
CONCILIATION ORDER
This appeal is filed by the defendants whose suit in O.S.
No.163/2011 for declaration and permanent injunction, came to
be decreed in terms of the Judgment and Decree dated
30.11.2017 passed by the learned Civil Judge (Sr. Dn.),
Nelamangala. Against the said Judgment and Decree, the
present appeal is filed.
2. The parties have settled the matter and filed joint
memo. According to the joint memo the appellants/defendants
Smt.Yellamma and others concede that Sy. No.38/1 of Kasaba
Nijagal Village, Sompura Hobli, Nelamangala Taluk, Bengauru
Rural District, measuring total extent of 4 acres 18 guntas more
fully described in the plaint schedule belongs to the
respondents/plaintiff who are in possession and enjoyment of it
as absolute owners have unfettered right to deal with in any
manner in accordance with their whims and fancies and
appellant / plaintiffs will not interfere with the peaceful
enjoyment of the same in any manner.
3. The sixth appellant having lost a portion of the land
which was in his possession earlier, intended to purchase 3½
guntas of land in Sy. No.38/4 of Kasaba Nijagal Village, Sompura
Hobli, Nelamangala Taluk, Bengauru Rural District, out of the
total extent of 01 acre 6 guntas belonging to the first respondent
and the first respondent agreed to sell an extent of 3½ guntas in
the said land to the sixth appellant for total consideration of
Rs.21,96,000/- and sixth appellant has paid the sum of
Rs.5,00,000/- towards sale consideration as evidenced in terms
of agreement to sell dated 15.04.2021 by registered document.
The first respondent agreed to sell the said extent of land after
obtaining survey sketch/ phodi from the revenue authorities and
received the balance sale consideration of Rs.16,96,000/- by
way of cash. The respondent Basavaraju agreed receipt of the
said amount in the presence of his learned counsel Sri Narendra
Babu.
4. The respondents/plaintiffs concede that the land
bearing Sy. No.38/3 of Kasaba Nijagal Village, Sompura Hobli,
Nelamangala Taluk, Bengauru Rural District, measuring a total
extent of 3 acres 4 guntas belongs to the appellants/defendants
who are in possession and enjoyment with absolute unfettered
rights to deal with in any manner they deem fit and the
respondents/plaintiffs shall not interfere with the peaceful
possession and enjoyment of it in any manner.
5. Both the parties shall be in possession and
enjoyment of their respective rights stated supra as the case
may be including development, putting up of any construction or
altering the nature of portion of land belonging to them. Both the
parties agree that they shall not claim any right, title and
interest in such portion or object to or interfere with such
ownership and enjoyment, possession, development,
construction etc. of respective parties.
6. Both the parties agree that they shall have absolute
right and possession as set out as per Clauses (a) to (c) in the
joint memo and they are free to have khata, take entries in
revenue records in respect of the extent shown supra and both
parties shall execute such declaration of 'no objection' as early
as possible for said purpose.
7. Both the appellants and respondents are present
before the Lok Adalat duly recognised by their respective learned
counsel. When we enquired, the parties voluntarily submit that
they have entered compromise in terms of the Joint Memo
without any coercion and on their own will. Accordingly the
Judgment dated 30.11.2017 passed in O.S. No.163/2011 by
learned Senior Civil Judge, Nelamangala, shall stand modified in
terms of the above observations and the joint memo. The joint
memo shall be part and parcel of the record in O.S.
No.163/2011. Trial Court to draw modified Decree accordingly.
This Regular First Appeal stands disposed of accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
sac*
