Karnataka High Court
T.R.Vijayalakshmi vs T.E.Malathamma on 21 December, 2023
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RSA No. 418 of 2009
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
REGULAR SECOND APPEAL NO.418 OF 2009
BETWEEN:
1. T.R.VIJAYALAKSHMI
W/O T R SURESH
AGED ABOUT 31 YEARS
2. T R CHAITRA REDDY
D/O T R SURESH
AGED ABOUT 18 YEARS
BOTH RESIDENTS OF
THYAVANAGI
CHANNAGIRI TALUK - 577 213
...APPELLANTS
(BY SRI. M VINAYA KEERTHY, ADVOCATE)
AND:
Digitally signed 1. T.E.MALATHAMMA
by REKHA R
Location: High
AGED ABOUT 46 YEARS
Court of W/O T R THIPPESWAMY
Karnataka NEAR VEERABHADRESHWARA TALKIES
CHANNAGIRI - 577 213
2. T R SURESH
AGED ABOUT 42 YEARS
S/O T R RUDRAPPA
THYAVANAGI
CHANNAGIRI TALUK - 577 213
...RESPONDENTS
(BY SMT. PRATHIBHA K M, ADVOCATE FOR R1;
R2 - SERVED)
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RSA No. 418 of 2009
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THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
16.12.2008 PASSED BY THE LEANEED ADDL. SESSIONS
JUDGE, FAST TRACK COURT-I, DAVANAGERE IN
R.A.NO.23/2007, ALLOWING THE APPEAL FILED BY THE FIRST
RESPONDENT AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 15.02.2007 PASSED BY THE PRINCIPAL CIVIL
JUDGE (SR. DN), DAVANAGERE IN OS.263/2003 AND ALLOW
THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants and their learned counsel are present.
2. Respondent No.1 and learned counsel are
present.
3. Respondent No.2, who is served and
unrepresented is present before the Court. He is husband
of appellant No.1 and father of appellant No.2. He is
identified by the learned counsel for appellants.
4. A compromise petition under Order XXIII Rule 3
of C.P.C, duly signed by both the parties and their
respective learned counsel is filed.
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5. The appellants are the wife and daughter of
respondent No.2. Respondent No.1 is a purchaser of suit
schedule property from respondent No.2. Appellants filed a
suit for partition seeking half share for appellant No.2 in
the suit schedule property along with respondent No.2.
6. The trial Court decreed the same by declaring
that appellant No.2 and respondent No.2 are entitled for
equal share in the suit schedule property and appellant
No.1 is entitled for half share in the property fallen to the
share of respondent No.2.
7. It was challenged by the purchaser i.e.,
respondent No.1 in R.A.No.23/2007. The First Appellate
Court allowed the appeal and set aside the judgment and
decree of the trial Court.
8. Against the same, appellants are before this
Court.
9. Now, the parties have compromised whereby
respondent No.1 has paid Rs.2,50,000/- each to the
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plaintiffs, in lieu of their share in the suit schedule
property and accordingly, sought for setting aside the
judgment and decree of the trial Court and confirm the
judgment and decree of the First Appellate Court.
10. The terms of the compromise petition reads as
under:
"1) The Appellants had filed a suit in
O.S.No.263/2003 seeking for partition and
declaration that the sale deed dated 21.07.1997
executed by the second Respondent in favour of the
first Respondent with respect to the schedule
property is not binding on them. The learned
Principal Civil Judge (Sr. Dn.) Davanagere vide its
order dated 15.02.2007 decreed the suit. The first
Respondent challenged the same in R.A.No.23/2007
before learned Addl. Sessions Judge, Fast Track-I
Court, Davanagere. The Lower Appellate Court
allowed the appeal setting aside the judgment and
decree vide its order dated 16.12.2008. Against the
said order, the Appellants preferred the above RSA
No.418/2009 before this Hon'ble Court.
2) During the pendency of the above
appeal, at the intervention of well-wishers, the
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above matter was discussed and deliberated and it
was agreed to resolve the issue and the mutually
agreed terms are detailed below:
3) The appellant and the Respondents have
agreed to abide by the order dated 06.12.2008
passed by the Lower Appellate Court in
R.A.No.23/2007 and the Appellants and Respondent
No.2 have agreed to confirm the sale deed dated
21.07.1997 executed by the second Respondent in
favour of the first Respondent.
4) The first Respondent hereby agrees to
pay an amount of Rs.5,00,000/- towards the share
of the Appellants in the schedule property in the
following manner:
a) Rs.2,50,000/- (Rupees Two Lakhs Fifty
Thousand only) by way of DD No.076070 dated
09.11.2023 issued by the State Bank of India
in favour of the first Appellant.
b) Rs.2,50,000/- (Rupees Two Lakhs Fifty
Thousand only) by way of DD No.076071 dated
09.11.2023 issued by the State Bank of India
in favour of the second Appellant.
5. The Appellants and Respondent No.2
acquiesce, acknowledge, affirm and confirm that
they do not have any manner of right, title or
interest whatsoever over the schedule property.
The first Respondent hereby acquiesces,
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acknowledges, affirms and confirms that he does
not have any manner of claim whatsoever against
the Appellants herein.
6. The Appellant Nos.1 and 2 and
Respondent Nos.2 do hereby undertakes that they
and their supporters, relatives will not interfere with
the peaceful possession and enjoyment of the
Respondent No.1 suit schedule property at any point
of time.
7. The parties with free consent, without
any force or influence have signed this compromise
petition.
Wherefore, the parties humbly pray that this
Hon'ble Court be pleased to allow this compromise
petition, in the interest of justice and equity."
11. The parties admit the compromise and
execution. The terms of the compromise are legal and
equitable. In the light of the settlement entered into
between the parties, the following:
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ORDER
i) The Regular Second Appeal filed under
Section 100 r/w XLII of C.P.C by the
plaintiffs is dismissed, by confirming the
judgment and order dated 16.12.2008 in
R.A.No.23/2007 on the file of
Addl.Sessions Judge, Fast Track Court-I,
Davanagere.
ii) The Registry is directed to send back the
trial Court records along with copy of this
order forthwith.
Sd/-
JUDGE
RR
