Karnataka High Court

Smt Bhagyamma vs Sri P Gurumurthy Reddy on 20 December, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

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                                                      RFA No. 974 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                       PRESENT
                       THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                            AND
                THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                      REGULAR FIRST APPEAL NO. 974 OF 2023 (SP)
               BETWEEN:

               1.    SMT. BHAGYAMMA,
                     W/O N.SIDDARAMAIAH,
Digitally signed     AGED ABOUT 46 YEARS,
by MALA K N
Location: HIGH 2.    SRI. S.ASHOK KUMAR,
COURT OF             S/O N.SIDDARAMAIAH,
KARNATAKA            AGED ABOUT 28 YEARS,

               3.    SRI.MANJUNATH,
                     S/O N.SIDDARAMAIAH,
                     AGED ABOUT 25 YEARS,

                     ALL THE APPELLANTS ARE
                     R/AT KANAKANAGARA,
                     CHANNASANDRA VILLAGE,
                     HORMAVU POST,
                     BENGALURU - 560 045.
                                                            ...APPELLANTS
               (BY SRI. YASHWANTH C., ADVOCATE FOR
                   SRI.SADASHIVAIAH K G., ADVOCATE)
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                                       RFA No. 974 of 2023




AND:

1.   SRI. P. GURUMURTHY REDDY,
     S/O L. PAPAIAH REDDY,
     AGED ABOUT 64 YEARS,
     R/AT NO.59/1, MARUTHI NILYA,
     CHAIRMAN PAPAIAH REDDY
     LAYOUT, 9TH B MAIN, BANASAWADI,
     BENGALURU - 560 043.

2.   SRI.S.LAKSHMANA MURTHY,
     S/O SANJEEVAPPA,
     AGED ABOUT 49 YEARS,
     R/AT K. CHANNASANDRA,
     HORAMAVU POST,
     K.R. PURA HOBLI,
     BENGALURU - 560 043.

3.   SRI.N.SIDDARAMAIAH,
     S/O LATE NARAYANAPPA,
     AGED ABOUT 49 YEARS,
     R/AT K. CHANNASANDRA VILLAGE,
     HORAMAVU POST,
     BENGALURU - 560 043.
                                           ...RESPONDENTS
(BY SRI. INDU SHEKAR B T., ADVOCATE FOR C/R2;
    SRI.RAJENDRA S., ADVOCATE FOR R3)

      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
10.04.2023 PASSED IN OS NO.372/2010 ON THE FILE OF THE
XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
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                                                RFA No. 974 of 2023




                               JUDGMENT

This appeal under Section 96 of Code of

Civil Procedure is filed by defendants No.2, 3 and 4 in O.S.

No.372/2010 challenging the judgment and decree dated

10.04.2023 passed by XVIII Additional City Civil Judge

Bengaluru decreeing the suit for specific performance.

2. Heard Shri C. Yashwanth, learned advocate for the

appellants and Shri B.T. Indu Shekar, learned advocate for

caveat-respondent No.2 and Shri S. Rajendra, learned advocate

for respondent No.3.

3. Appellants and respondents are present. They are

identified by their respective advocates.

4. Learned advocates on both sides jointly submit that during

the pendency of the appeal, parties have amicably resolved the

dispute. A compromise petition under Order XXIII Rule 3 read

with Section 151 of CPC duly signed by the appellants,

respondents and their respective advocates has been filed.

5. Learned advocate for the appellants has handed over four

cheques and two Demand Drafts for Rs.10,00,000/- each.

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The same are acknowledged by the learned advocates for the

respondents. Parties submit that they have understood the

terms of the compromise and pray that this appeal be disposed

of in terms of settlement stated in the compromise petition.

6. The terms of compromise read as follows:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE - 1908

The appellants and the respondents herein most humbly submit as hereunder: -

1. After protracted negotiations and at the instance of well-wishers, friends, their relatives and their counsels, the appellants and the respondents have arrived at a settlement and agreed to resolve their dispute by mutual understanding and intended to reduce the same in writing. Accordingly, the following compromise is entered between the appellants and the respondents.

2. The 3rd respondent N. Siddaramaiah and his brothers have partitioned through registered partition deed dated 04.06.2003 vide registered document No.4174/2003-04 and he got three properties including Survey No.38 measuring 7 guntas of land and along with 1 gunta of Karab land out of 35 guntas and along with 0-5 guntas of karab land and Survey No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 guntas of karab land out of 1 Acer 1 gunta (One Acre one gunta) and along with 9-11 guntas of Karab land both are situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluku. Which is clearly mentioned and referred to as the "SUIT SCHEDULE PROPERTY"

3. The appellants have filed this Regular First Appeal before this Hon'ble High Court challenging the Judgment and Decree in

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O.S.No.372/2010 dated 10-04-2023 passed by the XVIII Additional City Civil Court (CCH-10) Bengaluru.

4. The Respondent No.1 and 2 herein namely Gurumurthy Reddy and Lakshmana Murthy have filed the above suit vide O.S.No.372/2010 for specific performance of unregistered agreement dated 09-11-2006 against only Sri N.Siddaramaiah 3rd respondent herein in respect of land in Survey No.38 measuring 7 guntas and along with 1 gunta of Karab land out of total 35 guntas of land and along with 5 guntas of karab land and Survey No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 guntas of karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 gunta of karab land and both are situated at K.Channasandra village, K.R.Puram Hobli, Bengaluru east Taluk. Later on the appellants herein namely Bhagyamma, Ashok Kumar and Manjunath have impleaded themselves in the said suit.

5. The appellants herein have contended that the 3rd respondent have executed a registered gift deed on 12-09-2007 and the same was registered on 17.10.2007 before the Sub-registrar vide document No.BNS-1-02451-2007-08, C.D.No.BNSD9, in Book No.1 to resolve the disputes raised in partition suit vide O.S.No.8880/2001 (pending on that point of time), i.e., the 1st appellant have filed that partition suit vide O.S.No.8880/2001 on behalf of her minor sons namely S.Ashok Kumar and S.Manjunath (2nd and 3rd appellants herein) against N.Siddaramaiah (3rd respondent herein) and his brothers and sisters, after that N.Siddaramaiah gifted the above properties i.e., Survey No.38 measuring 7 guntas of land and along with 1 guntas of Karab land out of total 35 guntas and along with 5 guntas of karab land and Survey No.39/1-A measuring 0-08.2 guntas and along with 0-2.2 guntas of karab land out of total 1 Acer 1 gunta of land (One Acre one gunta) along with 9-11 guntas of karab land both are situated at K.Channasandra village, K.R.Puram Hobli, Bengaluru east Taluk in the name of his wife Bhagyamma for welfare of her minor sons S. Ashok Kumar and S. Manjunath.

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6. In addition to that Akkappa filed an impleading application in O.S.No.372/2010 and he contended that the above said N. Siddaramaiah have also executed a unregistered agreement on 14/05/2006 in his favour and he also filed a suit for specific performance of agreement in respect of subject matter of the said suit. But the trail court was pleased to dismiss the said application on 04/07/2018. Thereafter said Akkappa filed a Writ Petition vide W.P.No.34848/2018 before this Hon'ble Court by challenging the dismissal order dated 07-11-2018 passed by the City Civil Court in O.S.No. 372/2010 and this Hon'ble court also dismissed the said W.P.No.34848/2018 on 09-01-2019.

7. After the completion of trail the Hon'ble trail court was pleased to decree the suit vide O.S.No.372/2010 filed by Gurumurthy Reddy and Lakshmana Murthy (1st and 2nd respondents herein) on 10- 04-2023 and directed to N.Siddaramaiah (3rd respondent herein) to execute the sale deed in favour of 1st and 2nd respondents by receiving balance sale consideration of Rs.10,00,000/-only (Rupees ten lakhs only). It is clearly stated that the appellants have paid said amount to the 1st and 2nd respondent to cancel the sale agreement dated 09.11.2006 and it is understood that the 3 respondent has got no right, title and interest over the property after executing the gift deed in favour of the appellant.

8. Thereafter the appellants filed this appeal before this Hon'ble Court challenging the judgment and decree in O.S.No.372/2010 dated 10-04-2023 passed by the learned XVIII Addl. City Civil Judge at Bangalore. After filing of the appeal the appellants and the respondents have collectively arrived at a settlement and agreed to resolve their dispute by mutual consent and the same is reduced into writing accordingly this appeal may disposed off on the following terms and conditions:-

TERMS AND CONDITIONS AS HERE UNDER : -

a) The appellants namely Bhagyamma, S. Ashok Kumar and S. Manjunath have individually paid Rs.10,00,000/- (Rupees Ten Lakhs only) each to respondent No.1 and 2 in all total amounting to Rs. 60,00,000/- through total six cheques to P. Gurumurthy

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Reddy the 1st respondent and Lakshmana Murthy the 2nd respondent herein in the following manner:-

i. The 1st Appellant herein Bhaghyamma issued 1 st cheque No.460446, a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 18-12-2023 drawn on Canara Bank, Banaswadi Branch, Bengaluru-560033 in favour of P.Gurumurthy Reddy 1st respondent herein.

ii. The 2nd Appellant herein Ashok Kumar.S issued D.D bearing No. 015187 for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 19-12-2023 drawn on HDFC Bank, Hennur main road Branch, Bengaluru-560043 in favour of P.Gurumurthy Reddy 1st respondent herein.

iii. The 3rd appellant Manjunatha.S issued 3rd cheque No.677196, a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 18-12- 2023 drawn on INDUSLND Bank, M.G. Road Branch, Bengaluru- 560043 in favour of P.Gurumurthy Reddy 1st respondent herein

iv. The 1st Appellant herein Bhaghyamma issued 4th cheque No.460448, a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 18-12-2023 drawn on Canara Bank, Banaswadi Branch, Bengaluru-560033 in favour of Lakshmana Murthy 2nd respondent herein.

v. The 2nd Appellant herein Ashok Kumar.S issued D.D. bearing No. 015188, for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 19-12-2023 drawn on HDFC Bank, Hennur main road Branch, Bengaluru-560043 in favour of Lakshmana Murthy 2nd respondent herein

vi. The 3rd appellant Manjunatha.S herein issued 6th cheque No.677197, a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 18-12-2023 drawn on INDUSLND Bank, M.G. Road Branch, Bengaluru-560043 in favour of Lakshmana Murthy 2nd respondent herein

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towards the full and final settlement of the dispute between the appellants and respondents raised on the strength of the agreement dated 09-11-2006, by virtue of the aforesaid cheques for a sum of Rs 60,00,000/-(Rupees Sixty Lakhs Only)

b) The appellants hereby admits that this compromise is subject to realization of the amount paid through above stated cheques and in any event if the above stated cheques are not honored this compromise shall stand cancelled and the appeal would be restored to its original position.

c) That, the 1st and 2nd respondents admit that they have got no claim, right or interest of whatsoever nature in future forever on the strength of the said agreement dated 09-11-2006 over Survey No.38 measuring 7 guntas land and along with 1 guntas of Karab land out of total 35 guntas of land and along with 5 guntas of karab land and Sy.No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 guntas of karab land and both are situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluk.

d) It is clearly stated that except the aforesaid amount the appellants are not liable to pay any amount the respondent no.

01 and 02 and the respondent except being a witness to the document and to this deed of compromise is not liable to receive any amount or claim any share from the appellants under any circumstances and once for all the 3 rd respondent has no right, title and interest over the gifted property. It is clearly stated that the appellants have paid the amount to respondent no. 01 and 02 to cancel the said sale agreement dated 09.11.2006. The 3rd respondent being executed a gift deed is not entitled to claim any portion of the gifted property and is seized to be a owner of the gifted property.

e) All the respondents admit the fact that, the appellants namely Bhagyamma, Ashok Kumar and Manjunath are the absolute owners and in lawful possession and enjoyment of the property in question i.e., Survey No.38 measuring 7 guntas land and along with 1 guntas of Karab land out of total 35 guntas of land and

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along with 5 guntas of karab land and Survey No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 guntas of karab land and both are situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluk.

f) The respondents No.1 and 2 admit with regard to the said agreement dated 09-11-2006 is hereby cancelled without any condition forthwith and no more claim against the appellants and also against 3rd respondent.

g) The above stated amount through cheques paid by the appellants namely Bhagyamma, S.Ashok Kumar and S.Manjunath to the respondents No.1 and 2 and it is specifically admitted by all the parties of this appeal that registered gift deed dated 12-09-2007 and registered on 17.10.2007 vide document No.BNS-1-02451- 2007-08, C.D.No.BNSD9, in Book No.1 in respect of Survey No.38 measuring 7 guntas land and along with 1 guntas of Karab land out of total 35 guntas of land and along with 5 guntas of karab land and Sy.No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 guntas of karab land and both are situated at K.channasandra village, K.R. Puram Hobli, Bengaluru East Taluk, executed by the 3rd respondent N. Siddaramaiah in the name of 1st appellant Bhagyamma on behalf of 2nd and 3rd appellant namely S. Ashok Kumar and S. Manjunath to resolve the dispute as per the partition suit in O.S.No.8880/2001 pending on that point of time.

h) The 3rd respondent has undertaken that he has no right, title and interest and whatsoever in the suit properties.

i) The respondents have no objection of whatsoever nature regarding appellants namely Bhagyamma, Ashok Kumar and Manjunath to develop the property in any manner and the respondents will not interfere with the activities of the appellants in respect of the subject matter property by virtue of this compromise.

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j) The respondents have no objection to the appellants namely Bhagyamma, Ashok Kumar and Manjunath to change revenue entries in their name as per this compromise petition and also on the base of the gift deed dated 12.09.2007 registered on 17.10.2007 as the appellants are absolute joint owners in respect of Survey No.38 measuring 7 guntas land and along with 1 guntas of Karab land out of total 35 guntas of land and along with 5 guntas of karab land and Sy.No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 guntas of karab land and both are situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluk.

k) The respondents have admitted the appellants namely Bhagyamma, Ashok Kumar and Manjunath are joint absolute owners and they got all the rights and title to deal with the said properties and dispose off the same as they choose to in respect of Survey No.38 measuring 7 guntas land and along with 1 guntas of Karab land out of total 35 guntas of land and along with 5 guntas of karab land and Sy.No.39/1-A measuring 0-08.2 guntas of land and along with 0-2.2 karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) along with 9-11 guntas of karab land and both are situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluk and the respondents have no objections the appellants to execute agreements, lease out, rent, mortgage, sale, gift, will, joint Development agreements or any kind of transaction to anybody in future in respect of the above said properties as per their wish and will.

WHEREFORE, the appellants and respondents most humbly pray that, this Hon'ble Court may be pleased to record the above compromise and to draw decree as per the terms and conditions of this comprise petition, in the interest of justice and equity.

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SUBJECT MATTER OF THE APPEAL SCHEDULED PROPERTIES

ITEM No.1:-

All that peace and parcel of Survey No.38, mentioned in M.R.No.8/2003-04, measuring 7 guntas of land and along with 1 guntas of Karab land out of total 35 guntas of land and along with 5 guntas of karab land situated at K.channasandra village, K.R.Puram Hobli, Bengaluru east Taluk and bounded on:-

East by : Margondanahalli Boundary and Road, West by : Sri.Lingaraja's Land, North by : Sri. Sanjeevappa's Land,

South by : Property belonging to N.Siddaramaiah (Sy.No.39/1-A).

ITEM No.2:-

All that peace and parcel of Survey No.39/1-A, mentioned in M.R.No.8/2003-04, measuring 0-08.3 guntas of land and along with 0-2.2 guntas of karab land out of total 1 Acer 1 guntas of land (One Acre one gunta) and along with 9-11 guntas of karab land both are situated at K.Channasandra village, K.R.Puram Hobli, Bengaluru east Taluku and bounded on;

East by    :        Margondanahalli
                    Boundary and Road,
West by :           Sri. Lingaraja's Land,
North by :          Property belonging N.
                    Siddaramaiah (Sy.No.38),
South by       :    Sri. Chikkabbaiah's land.

7. In our opinion, compromise arrived between the parties

is lawful and hence, accepted. Judgment and decree dated

10.04.2023 in O.S.No.372/2010 passed by the XVIII Additional