Sri Shivakumar D C vs Smt Meenakshi K
2022 Latest Caselaw 5746 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF MARCH, 2022

                         PRESENT

         THE HON'BLE MR.JUSTICE G.NARENDAR

                           AND

         THE HON'BLE MR.JUSTICE M.G.S.KAMAL

     REGULAR FIRST APPEAL NO.1448 OF 2020

BETWEEN:


SRI SHIVAKUMAR D.C.
S/O CHINNAYAPPA
AGED ABOUT 48 YEARS
RESIDING AT # 3109
M.C.C. B BLOCK
DAVANAGERE - 577 004.                       ....APPELLANT

(BY SRI. NANDA KISHORE, ADVOCATE)

AND:

1.     SMT MEENAKSHI K.
       W/O LATE ARUNKUMAR D.C
       AGED ABOUT 55 YEARS
       D.NO.16, III MAIN ROAD
       GANDHI GRAMA
       SRI RAMPURA POST
       BANGALORE - 560 021.

2.     SRI VISHWANATH D.A.
       S/O LATE ARUNKUMAR
       AGED ABOUT 28 YEARS
       D.NO.16, III MAIN ROAD
       GANDHI GRAMA,
       SRI RAMPURA POST
       BANGALORE-560 021.
                                          ....RESPONDENTS

(BY SRI. HALASHETTI JAGADISH SIDRAMAPPA
            FOR C/RESPONDENT)
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     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
26.08.2019 PASSED IN FDP No.25/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE, ALLOWING
THE PETITION FILED UNDER ORDER 20 RULE 18 OF CPC.,
DRAWING FINAL DECREE BASED ON THE PRELIMINARY DECREE
PASSED    IN  OS.NO.138/2010    DIRECTING  THE    COURT
COMMISSIONER TO EFFECT THE PARTITION BY MEETS AND
BOUNDS.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
M.G.S.KAMAL J, DELIVERED THE FOLLOWING:


                     JUDGMENT

Heard Sri.Nanda Kirshore, learned counsel for the

petitioner and Sri.Halashetti Jagadish Sidramappa,

learned counsel for respondents.

2. The present appeal is filed by the appellant

against the order dated 28.08.2019 passed in FDP

No.25/2013.

3. The parties have entered into a compromise

and have filed a Joint Memo dated 29.03.2022 in the

Court today. The Joint memo reads as under:

"That the appellant above-named has preferred this appeal challenging the final decree in FDP No.25/2013 dated 28.08.2019 whereby the petition under Order 20 Rule 18 CPC has been allowed by

the Court of the Ist Additional Senior Civil Judge at Davangere.

That the parties have agreed that the impugned final decree be modified as per the following terms:

a) The Appellant and the Respondents have agreed to interchange/exchange the allotments made by the impugned decree insofar as the Item No.3 of "A" Suit Schedule property is concerned.

Out of the land bearing Re. Sy. No.7/1 measuring 2 acre 37 guntas the First Block measuring 1 acre 21½ guntas bounded as hereunder:

East : La. Hi. No.4 West : Re. Sy. No.1 North: Share of the Respondent (in FDP) and South : La. Hi. Hissa No.5;

is allotted to the Appellant herein, i.e, Sri. Shivakumar D.C.

Out of the land bearing Re Sy. No.7/1 measuring 2 acre 37 guntas the Second Block measuring 1 acre 21½ guntas bounded as hereunder:

East : La. Hi. No.4 West : Re. Sy. No.1 North: re. Sy. No.7/1/III and South: Share of the Petitioners(in FDP) in Re. Sy. No.7/1 is allotted to the Respondents herein, ie, Smt. Meenakshi K. and Sri. Vishwanath D.A.

The parties admit and acknowledge the possession of the respective parties today of the said allotments as mentioned above and agree that the parties may effect change in revenue records and obtain separate hissa numbers for the shares allocated.

b) The Appellant and the Respondents have agreed that insofar as the House Property being the Item No.1 of suit "A" schedule is concerned, the allotments made by the court below be confirmed except with the modification that instead of the payment of Rs.7,31,737/- towards difference in the allotments of the house properties, only a sum of Rs.3,65,000/- will be payable by the appellant Sri. Shivakumar D.C. to the Respondents Smt. Meenakshi K. and Sri. Vishwanath D.A. within a month from the date of this memo.

The parties admit and acknowledge the possession of the respective properties today of the said allotments as mentioned above and agree that the parties may effect change in khatha and obtain separate khatha numbers for the shares allocated.

That in case the appellant Sri.Shivakumar D.C. fails to pay to the Respondents-Smt. Meenakshi K. and Sri Vishwanath D. the sum of Rs. 3,65,000/- within 4 months from the date of this Memo, the said Respondents Shall be entitled to execute the final Decree to the tune of Rs.3,65,000/- against the Appellant.

c) That all other terms of the Final Decree in FDP No.25/2013 dated 28.08.2019 shall remain the same subject to the aforesaid modifications and the parties shall be entitled to execute the Final Decree in FDP. No. 25/2013 dated 28.08.2019 subject to the modifications as aforesaid"

4. Parties are personally present before the court and

duly identified by their respective counsels. They have

agreed to the terms of the settlement. This Court is of the

considered view that agreement is not opposed to law or

public policy. Same is taken on record.

R.F.A.No.1448/2020 is disposed of in terms of the

above memorandum of compromise.

Office to draw up the decree accordingly and consider

refund of court fee if permissible under law.

Sd/-

JUDGE

Sd/-

JUDGE bnv