Karnataka High Court
Sri M Lakshminarayana vs Sri M Appaiah S/O Late ... on 5 January, 2023
Bench: N S Gowda
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RFA No. 1630 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 1630 OF 2010 (DEC/POS)
BETWEEN:
1. SRI.M.LAKSHMINARAYANA
S/O MUNINARASIMHAIAH
SINCE DEAD BY LRS
1. SMT. L.SUJATHA
#377(22), 13TH CROSS,
SEETHAPPA, L/O CHOLANAYAKANA HALLI,
CHAMUNDINAGAR MAIN ROAD,
R.T.NAGAR P.O
BENGALURU-560 032.
2. SRI.BHARATH. L.
#377(22), 13TH CROSS,
SEETHAPPA, L/O CHOLANAYAKANAHALLI,
CHAMUNDINAGAR MAIN ROAD,
R.T.NAGAR P.O.
Digitally signed
by PANKAJA S BENGALURU-560 032.
Location: HIGH
COURT OF
KARNATAKA 3. SMT. SHWETHA PADMA N
APT. BGO5, MATHURA ENCLAVE,
NEXT TO GAUTAM HOTEL,
OFF CHOGM ROAD, PORVORIM,
PILERNE, BARDEZ, GOA-403 114.
...APPELLANTS
(BY SRI. H.R. ANANTHAKRISHNA MURTHY, ADVOCATE)
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RFA No. 1630 of 2010
AND:
SRI M APPAIAH S/O LATE MUNISWAMAPPA
SINCE DECEASED BY LRS
1. SRI A GOPAL
SINCE DEAD BY LRS
1(A) SMT. G. GUNAMMA
W/O LATE A.GOPAL
AGED ABOUT 60 YEARS,
R.AT NO.53/1, 3RD CROSS,
LEPAKSHILAYOUT,
BANJARA ORCHARDA,
HORAMAVU KALKERE,
BANGALORE-560 043.
1(B) B.G.LAKSHMI KANTH
S/O LATE A.GOPAL
AGED ABOUT 30 YEARS,
R.AT NO.53/1, 3RD CROSS,
LEPAKSHI LAYOUT,
BANJARA ORCHARDA,
HORAMAVU KALKERE,
BANGALORE-560 043.
1(C) B.G.MEGHASHREE
D/O LATE A.GOPAL,
AGED ABOUT 60 YEARS,
R.AT.NO.53/1, 3RD CROSS,
LEPAKSHILAYOUT,
BANJARA ORCHARDA,
HORAMAVU KALKERE,
BANGALORE-560 043.
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RFA No. 1630 of 2010
2. SRI. A. SOMASHEKAR
S/O LATE M.APPAIAH
SINCE DEAD BY LRS
SMT. DHANALAKSHMI
WIFE OF LATE SOMASHEKHAR A.
AGED ABOUT 56 YEARS.
R/AT C/O VINOD KUMAR,
TF 6, 17/17 A,
SUMUKHA, ENCLAVE APT. BEML LAYOUT,
5TH STAGE, 2ND PHASE,
NEAR CRAZY ROCK, RAJARAJESHWARI NAGAR,
BANGALORE-560098.
3. SMT. BHAGYALAKSHMI
D/O LATE M. APPAIAH
AGED ABOUT 57 YEARS,
VENKATESHAPURA
BANGALORE-560 045.
4. SMT A JAYANTI
D/O LATE M APPAIAH
RESIDING AT NO.107,
FRUIT STREET, KAMARAJ ROAD,
BANGALORE-560 001.
5. SMT. SHANTHAMMA
W/O LATE SHIVASHANKAR
AGED ABOUT 47 YEARS
6. SRI. RAVISHANKAR
S/O LATE SHIVASHANKAR
AGED ABOUT 28 YEARS
7. SMT. BINDU SANJAY
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RFA No. 1630 of 2010
D/O LATE SHIVASHANKAR
AGED ABOUT 26 YEARS
8. SMT. SUSHMA
D/O LATE SHIVASHANKAR
AGED ABOUT 25 YEARS
RESPONDENT NO.5 TO 8 ARE
R/AT NO.68, 5TH CROSS,
HAL QUARTERS, MARATHAHALLI,
BANGALORE-560 037.
...RESPONDENTS
(BY SRI. S.V.MANJUNATHA, ADVOCATE)
***
THIS RFA IS FILED UNDER SECTION 96 OF CODE OF
CIVIL PROCEDURE, 1908, PRAYING TO ALLOW THIS APPEAL
AND THE ORDER PASSED BY THE XV ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE CITY (CCH NO.3) ON
16.08.2010 IN O.S.NO.6216/1990 BE SET ASIDE AND ALLOW
THE SUIT, IN THE INTEREST OF JUSTICE.
THIS RFA COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The parties have presented a memorandum of
compromise. Under this compromise, the suit property is
sought to be divided amongst the parties.
RFA No. 1630 of 2010
2. All the parties are present before the Court and
all of them admit the execution of the compromise
petition. They also acknowledge that they have entered
into the compromise on their own free will and volition and
the compromise may be recorded and accepted.
3. Learned counsel for Respondent No.1 (a) to 1(c)
and respondent Nos.3 to 8 is however not present and he
has also not signed the compromise petition.
4. Respondent No.1 (a) to 1(c) and respondent
Nos.3 to 8 submit that they have requested Sri.S.V.
Manjunatha to enter appearance on their behalf.
5. Sri.S.V. Manjunatha submits that he has accepted
the vakalath and he also identifies Respondent No.1 (a) to
1(c) and respondent Nos.3 to 8. He also signs the
compromise petition on their behalf.
RFA No. 1630 of 2010
6. In my view, the compromise petition is lawful and
the parties have accepted the terms and conditions of the
compromise petition on their own free will.
The compromise petition reads as follows:
APPLICATION UNDER ORDER 23 RULE 3 OF
CODE OF CIVIL PROCEDURE
1. The Respondent/Plaintiff had filed a suit for
declaration that the Sale Deed dated 06.10.1978 is
null and void, forged and fraudulent document and
that he is the absolute owner of the suit schedule
property. Apart from the relief of declaration, the
Respondent/Plaintiff had also sought for relief of
possession. After service of suit summons, the
Appellant/Defendant entered appearance and filed
his written statement denying the Plaint averments.
During the pendency of the suit, the plaintiff, M.
Appaiah, died and his Legal Representatives were
brought on record.
2. The Court below vide its judgment and decree
dated 16.08.2010, decreed the suit. Aggrieved by
the said judgment and decree dated 16.08.2010
passed in O.S.No.6216/1990, the Defendant, M.
Lakshminarayana preferred a Regular First Appeal in
RFA No.1630/2010 before the Hon'ble High Court of
Karnataka at Bangalore. During the pendency of the
Appeal, M. Lakshminarayana died and his Legal
Representatives have come on record and they are
prosecuting the said appeal.
RFA No. 1630 of 2010
3. At the intervention of relatives and well-
wishers, the parties herein, have, after extensive
meetings, talks, negotiations and discussions have
amicably resolved the disputes between them by
partitioning and allotting the Schedule Properties to
their respective shares as agreed to hereunder in
order to buy peace in the family and to avoid all
future disputes. The Respondent/Plaintiffs hereby
withdraw all allegations made by them against the
Appellants/Defendants in the original plaint and do
not intend to press the allegations in view of this
compromise. The parties have filed this compromise
petition on their own free will, consent and volition
have, after understanding the terms and conditions
agreed to between them, as enumerated herein
below have voluntarily signed and executed this
Compromise Petition.
NOW, THIS COMPROMISE PETITION
WITNESSETH THE FOLLOWING:
1. The subject matter of the suit in
O.S.No.6216/1990 is a property bearing corporation
number 34 (thirty four), Kempapura Agrahara
village, now called Mariyappana Palya and falling in
Cottonpet Ward (Ward No.29), Off Magadi Road,
Bangalore, situated at 12th Main Road, 3rd Cross, Off
Magadi Road, Bangalore 560 023, totally measuring
3966 sq.ft., which was the entire suit schedule
property.
2. The Parties agree that as on the date of this
petition, the schedule property together measures
3857 sq.ft. as depicted in the sketch enclosed. This
measurement differs from that of the records as per
the suit and as per the office of the Surveyor General
on account of encroachments and acquisitions made
by the Bruhat Bengaluru Mahanagara Palike for civic
amenities; the Parties hereby agree that the area as
RFA No. 1630 of 2010
measured and depicted in the sketch represents the
true measurement of the schedule property.
3. The appellants and the Respondents have
amicably resolved their differences and they hereby
agree to equally divide and partition the Schedule
Property by metes and bounds. Accordingly, an
extent of 1983 sq.ft. of vacant land, out of the total
extent of 3966 sq.ft. is hereby partitioned and
allotted to the share of the Respondents/Plaintiffs
today. The said extent of 1983 sq.ft. of vacant land
is morefully described hereunder and hereinafter
referred to as the Schedule 'A' Property. A sketch
reflecting the portion of the Schedule Property falling
to the share of the Respondents/Plaintiffs is marked
as PART -3 - FALLING TO THE SHARE OF THE
RESPONDENTS, demarcated in yellow; color is
annexed to this compromise petition.
4. The Appellants do hereby agree and confirm that
they have handed over to the Respondents/Plaintiffs
possession of the Schedule 'A' Property as of the
date of filing of this compromise petition before the
Hon'ble Court or the Registry of the Hon'ble Court
and the Respondents/Plaintiffs have taken possession
of the same.
5. The Respondents/Plaintiffs are also entitled to
get all revenue records transferred in their name, in
respect of the Schedule 'A' Property before the
concerned authority and for the same, the Appellants
hereby state that this very compromise petition shall
be treated as their 'Consent' and 'No Objection'.
6. Further an extent of 1983 sq.ft., out of the
total extent of 3966 sq.ft. (Schedule Property), being
the balance area, is hereby partitioned and allotted
to the share of the Appellants/ Defendants today.
The said extent of 1983 sq.ft. of land is more fully
RFA No. 1630 of 2010
described hereunder and hereinafter referred to as
the Schedule 'B' and Schedule 'C' Property. A
sketch reflecting the portion of the Schedule
Property, falling to the share of the
Appellants/Defendants, in two different portions in
the Schedule Property, marked as PART -1 - FALLING
TO THE SHARE OF THE APPELLANTS measuring 1367
sq.ft. and PART -2 FALLING TO THE SHARE OF THE
APPELLANTS, measuring 616 sq.ft. - cumulatively
being the Schedule 'B' and Schedule 'C' Property
respectively, is demarcated in red color and purple
color respectively is annexed to this compromise
petition.
7. The Court below, vide judgment and decree
dated 16.08.2010, passed in O.S.No.6216/1990 had
also directed the Appellants/Defendants to pay
mesne profits at the rate of Rs.300/- per month from
the date of the suit, till the date of delivery of vacant
possession to the Respondents/Plaintiffs. To this
extent, a sum of Rs.75,000 was deposited by the
Appellant/Defendants with the Registry of the
Karnataka High Court. In view of this compromise,
the Appellants/Defendants agree that the said
deposit would enure to the benefit of the
Respondent/Plaintiffs.
8. The parties do hereby agree that, pursuant to
this petition, they have no further claims of
whatsoever nature against the other vis-a-vis
Schedule Property.
9. The parties hereby agree and confirm that the
property allotted to their respective share by virtue
of this compromise petition is free from all
encumbrances.
10. The Respondents/Plaintiffs hereby agree that
they do not have any objections for the refund of the
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RFA No. 1630 of 2010
entire court fee paid by the Appellant on the above
appeal, to the Appellants, as the matter has now
been settled amicably by virtue of this compromise
petition.
11. The Parties hereby agree that, pursuant to this
Petition, notwithstanding anything done or knowingly
suffered, the Parties would have good title, right and
absolute power to sell, transfer and convey all and
singular property hereby partitioned and allotted,
being the respective shares in the Schedule Property,
and that the respective shares of the Schedule
Property and every part thereof shall at all times
remain and be unto the Parties and be quietly
entered into, upon, held, possessed and enjoyed by
the Parties to the extent of their respective
partitioned shares without any let, hindrance,
interruption or disturbance by each other or anyone
claiming through or in trust for them.
12. The Parties hereby agree that they shall at all
times execute and to every such lawful assurances
deeds and things as may be reasonably required by
each other for further and more perfectly assuring
the title of each Party's respective share in the
Schedule Property and every part thereof.
13. The Parties also agree that the title to their
respective shares in the Schedule Property hereby
partitioned and allocated is good, marketable and
subsisting and that each party has absolute power to
convey the same as per the sketch enclosed.
WHEREFORE, BOTH THE PARTIES ABOVE, humbly
pray that this Hon. Court be pleased to decree the
Appeal, in terms of this compromise petition, in the
interest of justice and equity.
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RFA No. 1630 of 2010
SCHEDULES
SCHEDULE A PROPERTY
PROPERTY FALLING TO THE SHARE OF THE
RESPONDENTS
(AS PER PART-3 - FALLING TO THE SHARE OF THE
RESPONDENTS IN YELLOW COLOUR IN THE SKETCH
ENCLOSED)
All that piece and parcel of residential property
bearing corporation number 34 (thirty four), 12th
Main Road, 3rd Cross, Kempapura Agrahara,
Mariyappana Palya, Off Magadi Road, Bangalore 560
023 measuring 1983 sq.ft. (shown as CDEF in orange
colour as per sketch enclosed).
East by 3rd Cross Road
West by 4th Cross Road
North by Private property of LRs of the
Appellant. ALLOTTED AS PER
THIS PETITION
South by 12th Main Road of
Mariyappana Palya
SCHEDULE 'B' PROPERTY
PROPERTY FALLING TO THE SHARE OF THE
APPELLANTS
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RFA No. 1630 of 2010
(AS PER PART -2 - FALLING TO THE SHARE OF THE
APPELLANTS IN RED COLOUR IN THE SKETCH
ENCLOSED)
(a) All that piece and parcel of residential property
bearing Corporation number 34 (thirty four) 12th
Main Road, 3rd Cross, Kempapura Agrahara,
Mariyappana Palya, Off Magadi Road, Bangalore 560
023 measuring 1367 sq.ft. (shown as ABCD in
orange colour as per sketch enclosed bounded on:-
East by 3rd Cross Road
West by 4th Cross Road
North by Private property of
Channappa
South by Private property of LRs of
Respondent ALLOTTED AS
PER THIS PETITION.
SCHEDULE 'C' PROPERTY
PROPERTY FALLING TO THE SHARE OF THE
APPELLANTS
(AS PER PART -2 - FALLING TO THE SHARE OF THE
APPELLANTS IN PURPLE COLOUR IN THE SKETCH
ENCLOSED)
(b) All that piece and parcel of residential property
bearing corporation number 34 (thirty four), 12th
Main Road, 3rd Cross, Kempapura Agrahara,
Mariyappana Palya, Off Magadi Road,
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RFA No. 1630 of 2010
Bangalore 560 023 measuring 616 sq.ft. (shown as
GHJK in orange colour as per sketch enclosed).
East by Private property of Meghraj Lal
West by 3rd Cross Road
North by Drainage/Conservancy Road
South by 12th Main Road of Mariyappana
Palya
The appeal is therefore disposed of in terms of the
compromise petition.
Office to draw up the decree accordingly.
SD/-
JUDGE
BMV*
