Mr Anantha vs Smt Parvathamma
2023 Latest Caselaw 5060 Kant

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                                                     NC: 2023:KHC:26662
                                                        RSA No. 2040 of 2011




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 31ST DAY OF JULY, 2023

                                           BEFORE
                          THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                     REGULAR SECOND APPEAL NO. 2040 OF 2011 (DEC/INJ)


                   BETWEEN:

                      MR.ANANTHA
                      S/O.HUCCHEGOWDA
                      AGED ABOUT 33 YEARS
                      R/AT MAHADESHWARA MATADA
                      KOPPALU VILLAGE
                      BETTADAPURA HOBLI
                      PIRIYAPATTANA TALUK - 570 001
                                                               ...APPELLANT
                   (BY SMT.RAKSHITHA V.N. FOR
                       SRI K.RAGHAVENDRA RAO.,ADVOCATES)

                   AND:

                      SMT.PARVATHAMMA
                      W/O.ANNAIAHCHAR
Digitally signed      AGED ABOUT 68 YEARS
by
GAVRIBIDANUR          R/AT MAHADESHWARA MATADA
SUBRAMANYA            KOPPALU VILLAGE
GUPTA                 BETTADAPURA HOBLI
SREENATH
                      PIRIYAPATTANA TALUK - 570 001
Location: HIGH
COURT OF                                                     ...RESPONDENT
KARNATAKA
                   (BY MS. SAMASHRITHA .R., ADV. FOR SRI NARENDRA
                   D.V.GOWDA.,ADVOCATE)


                        THIS REGULAR SECOND APPEAL IS FILED UNDER
                   SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
                   DATED 01.3.2011 PASSED IN R.A.NO.108/2009 (OLD R.A.
                   NO.162/2005) ON THE FILE OF THE ADDL. SENIOR CIVIL
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                                        NC: 2023:KHC:26662
                                           RSA No. 2040 of 2011




JUDGE & JMFC., HUNSUR, SITTING AT PERIYAPATNA
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 1.9.2005 PASSED IN O.S.NO.5/2000 ON
THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC.,
PERIYAPATNA.ETC.

     THIS REGULAR SECOND APPEAL, COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                           JUDGMENT

Heard learned counsel - Smt. Rakshitha V.N. on behalf

of learned counsel - K. Raghavendra Rao for the appellant and

learned counsel - Ms. Samashritha .R on behalf of learned

counsel - Narendra D.V. Gowda for the respondent.

2. This appeal is filed by the plaintiff challenging the

Judgment & Decree passed by the Addl. Senior Civil Judge &

JMFC, Hunsur, sitting at Periyapatna in R.A. No.108/2009

dated 1st March 2011, whereby the learned Judge of the

Appellate Court has reversed the judgment & decree passed

by the learned Civil Judge (Jr.Dn.) & JMFC, Periyapatna in O.S.

No.5/2000 dated 1st September, 2005.

3. During the pendency of this appeal, the parties have

resolved their differences and agreed to settle the matter

amicably. Accordingly, they have filed the compromise

NC: 2023:KHC:26662 RSA No. 2040 of 2011

petition under Order XXIII Rule 3 r/w Section 151 of the Code

of Civil Procedure. The terms and conditions as agreed

between the parties are as under:

"a) Both the parties to this compromise petition have agreed with respect of the land bearing Sy.No.155/18 measuring to an extent of 2 Acres 14 Guntas. Situated at Attigodu village, Bettadapura Hobli, Periyapatna Taluk, which is morefully described in Schedule B to this compromise petition.

b) The parties to this compromise petition have agreed to divide Schedule B property of this compromise petition into two divisions namely Schedule C and D.

c) The Appellant/Plaintiff has agreed to give up his right, title interest and possession in favour of Respondent/Defendant over Schedule C property under this compromise petition inclusive of the borewell installed by the defendant/ respondent in the Schedule C property.

d) The Respondent/ Defendant has agreed to give up her right, title interest and possession in favour of the Appellant / Plaintiff over Schedule D property under this compromise petition.

NC: 2023:KHC:26662 RSA No. 2040 of 2011

e) The appellant / plaintiff has no right, title, possession and interest under the Mortage Deed Dated 15.05.1961 over Schedule - A property,

f) In view of the compromise, the plaintiff does not make any claim over Schedule C property either under the Mortgage Deed dated 15.05.1961 or under the Sale Deed dated 15.05.1967 as the right under those documents are agreed to be settled as per this compromise petition.

g) The parties to this compromise petition shall enjoy their respective ownership and possession by getting the Khata/ revenue entries effected in their names as per this compromise petition.

h) The parties to this compromise petition shall not interfere with each other respect of their respective portions which are agreed to be settled/compromised under this compromise petition.

i) The Sketch annexed here shall be the part and parcel of this compromise petition & both the parties of this compromise petition shall enjoy and possess their respective Portions according to the sketch annexed to this compromise petition.

NC: 2023:KHC:26662 RSA No. 2040 of 2011

k) The parties to this compromise petition have agreed to register this compromise petition before this office of the jurisdictional Sub-Registrar."

4. The parties have agreed to amicably resolve their

disputes and arrive at a mutual settlement process, where

they would divide the property between themselves. The

property measuring 2 acres 14 guntas situated at Attigodu

village, Bettadapura Hobli, Periyapatna taluk, is the subject

matter of dispute between the parties to the suit. The suit

which was filed by the appellant came to be decreed in his

favour initially and he was declared absolute owner of the suit

schedule property. On appeal being filed by the defendant,

the said appeal came to be allowed setting aside the judgment

& decree passed by the trial Court in O.S. No.5/2000.

However during the pendency of this appeal, wisdom has

dawn upon the parties to settle the matter amicably and

resolve the dispute with each other and accordingly they have

signed the compromise petition before this Court under Order

XXIII Rule 3 r/w Section 151 of the Code of Civil Procedure.

Initially, the matter came to be referred to Periyapatna

Mediation Centre and parties had appeared before the

NC: 2023:KHC:26662 RSA No. 2040 of 2011

Mediator there and accordingly he has drawn up the

memorandum of settlement under Section 89 of CPC r/w Rules

24 and 25 of the Karnataka Civil Procedure (Mediation) Rules,

2005.

5. Both the parties along with their respective counsel

are present before the Court. The appellant is physically

present before the Court, whereas the respondent is present

through video conferencing. The parties are identified by

their respective counsel on record. Accordingly in view of the

fact that they have agreed to settle the matter and entered

into compromise petition resolving their dispute in accordance

with the terms and conditions of the compromise petition, this

petition requires to be disposed of in the manner they have

agreed to on the basis of the compromise petition.

6. The compromise petition is signed by the parties as

well as their respective counsel. This Court has interacted

with the appellant as well as the respondent and both of them

agreed to having entered into compromise petition and having

got allotted 1 acre 7 guntas each. It is shown as Schedule -

'C' and Schedule -'D' in the compromise petition. It is seen

NC: 2023:KHC:26662 RSA No. 2040 of 2011

that parties have voluntarily agreed to the compromise

petition and have expressed that there is no coercion or undue

influence in entering into this compromise petition.

7. Accordingly, I proceed to pass the following:

ORDER

(i) This Regular Second Appeal is disposed off in

accordance with the compromise petition entered

into between the parties and the memorandum of

settlement under Section 89 of CPC r/w Rules 24

and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2005, is accepted.

(ii) The Registry shall draw the decree in accordance

with the said settlement entered into between the

parties.

Sd/-

JUDGE

GSS