Karnataka High Court
Sowbhagya vs Mahadevamma on 5 June, 2023
Bench: Jyoti Mulimani
-1-
RSA No. 1020 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1020 OF 2016 (DEC/INJ)
BETWEEN:
SOWBHAGYA
W/O LATE MAHADEVAPPA,
AGED ABOUT 48 YEARS,
R/0F AMRUTHI VILLAGE,
MELUKOTE HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 428.
...APPELLANT
(BY SRI. K.L.SREENIVAS., ADVOCATE FOR
SRI. B.M.KENCHEGOWDA., ADVOCATE)
AND:
1. MAHADEVAMMA
W/O LATE MADAPPA,
Digitally signed by SINCE DEAD BY LR'S
THEJASKUMAR N
Location: HIGH
COURT OF (RESPONDENTS 2 & 3 ARE TREATED AS
KARNATAKA
LEGAL REPRESENTATIVES OF DECEASED
RESPONDENT NO.1 - VIDE ORDER DATED:
28.02.2020.)
2. RAJANNA
S/O LATE MADAPPA
AGED ABOUT 46 YEARS,
R/OF MADAIAHNA HUNDI VILLAGE,
CHIKKAIAHNA CHATRA HOBLI,
NANJANAGUD TALUK,
MYSURU DISTRICT - 571 302.
-2-
RSA No. 1020 of 2016
3. SHIVAMMA
D/O LATE MADAPPA,
W/O GURUSWAMY,
AGED ABOUT 44 YEARS,
R/O HANGANAHALLY HUNDI,
MYSURU TALUK - 571 302.
...RESPONDENTS
(BY SRI. YOGESHA.B.POOJARI., ADVOCATE FOR
SRI. K.VARAPRASAD FOR R2;
SRI. JAGADISH.G., ADVOCATE FOR
SRI. ASHOKA., ADVOCATE FOR R3)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Sri.K.L.Sreenivas., learned counsel for appellant,
Sri.Yogesha B.Poojari., learned counsel on behalf of
Sri.K.Varaprasad., for respondent No.2 and Sri.Jagadish.G.,
learned counsel on behalf of Sri.Ashoka., for respondent No.3
have appeared in person.
Learned counsel for the respective parties submits that
the parties have arrived at a settlement and a Compromise
Petition under Order 23 Rule 3 of CPC has been filed by both
the parties. Counsel therefore, submits that the Compromise
RSA No. 1020 of 2016
Petition may be recorded and the appeal may be disposed of in
terms of the Compromise arrived at between the parties.
Learned counsel for the respective parties submits that
Smt.Sowbhagya - appellant, Sri.Rajanna & Smt.Shivamma -
respondents 2 & 3 respectively are present before the Court.
They have been duly identified by their respective Advocates.
When queried by this Court, the parties have stated that
they have indeed settled their dispute and have arrived at a
compromise and that the appeal may be disposed of in terms of
the compromise arrived at by them. They further state that
they have arrived at a settlement on their own free volition
without there being any coercion or undue influence from any
side.
Counsel jointly submits that the Compromise Petition may
be taken on record and the appeal may be disposed of in terms
of the Compromise Petition.
The Compromise Petition is taken on record. I have
perused the same with utmost care. The Compromise Petition
under Order 23 Rule 3 of CPC reads as under:
RSA No. 1020 of 2016
The appellant and respondents in the above appeal,
respectfully submit as follows:
1. That the Appellant had filed a suit in
O.S.No.67/2010 before the learned Senior Civil Judge at
Nanjangud, against the Respondents for the relief of
partition and separate possession of her 1/3rd share in
the suit schedule properties, contending that one late
Madappa had two wives viz., (i) Smt.Doddathayamma
and (ii) Smt.Mahadevamma and that a son by name
Mahadevappa was born to the 1st wife who is the
husband of Appellant herein; and that the 2nd wife
Smt.Mahadevamma had a son and daughter i.e., the
Respondents No.2 and 3 herein who constituted joint-
family property, and that the said Madappa died leaving
behind his son Mahadevappa and that Mahadevappa
also died on 30.12.1998 leaving behind his wife the
Appellant as his legal representative, and that there is
no partition effected in the family, etc. The Respondents
filed their Written Statement denying the plaint
averments and sought for dismissal of the suit. After
contest, the said suit came to be decreed as per the
Judgment and Decree dated:18.06.2012. Being
aggrieved by the same, the Respondents herein filed
R.A.No.331/2012 before the VII Addl. District Judge,
Mysore. The said Appeal came to be partly allowed
modifying the Preliminary Decree to the effect that the
Plaintiff and the Defendants are entitled for 1/4th share
RSA No. 1020 of 2016
each in the suit schedule properties, as per the
Judgment and Decree dated:25.02.2016.
2. It is submitted that pursuant to the Judgment
and Decree dated:25.02.2016 passed in
R.A.No.331/2012, Smt.Mahadevamma, who was the
original First Defendant in the suit, bequeathed her 1/4th
share in the suit properties in favour of her son
Sri.Rajanna i.e., the Respondent No.2 herein, as per the
registered Will dated:15.07.2016, vide Document
No.MYS-3-00190 of 2016-2017, Book-III, stored in
C.D.No.MYSD285, before the Sub-Registrar, Mysore
South.
3. It is submitted that being aggrieved by the
Judgment and Decree dated:25.02.2016 passed in
R.A.No.331/2012, the Appellant has preferred the
present Regular Second Appeal before this Hon'ble
Court. After filing of the present Appeal,
Smt.Mahadevamma died on 12.12.2016 leaving behind
the Respondents No.2 and 3 as her legal representatives
to succeed to her estate, who are already on record. It
is submitted that the Respondent No.2 herein is not
making any claim on the basis of the said Will.
4. It is submitted the Respondent No.3
Smt.Shivamma have agreed to pay a sum of
Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only)
to Sri.Rajanna - the Respondent No.2 herein, for his
medical expenses.
RSA No. 1020 of 2016
5. It is submitted that at the intervention of the
elders, relatives, well-wishers and friends and this
Hon'ble Court, the parties herein have made up their
mind to resolve all their claims and disputes through
amicable settlement and thus they had a Panchayath
Meeting in presence of elders, relatives, well-wishers
and friends and after thorough discussion in the matter,
they have settled all their claims and disputes through
amicable settlement in the following manner, agreed
upon by all the parties to this Compromise Petition:
6. Terms and conditions of this Compromise are:
(i) That the relationship between the parties is
admitted by all the parties herein.
(ii) That the land measuring 0-32 guntas in
Sy.No.58/1 of Mudahalli Village, Chikkaiahna Chatra
Hobli, Nanjangud Taluk, which is referred to as Item
No.1 in the Plaint schedule is allotted to the share of
Smt.Shivamma, the Respondent No.3 herein. This
property is more fully described in the Schedule
hereunder and hereinafter referred to as the
"Schedule-A" property.
(iii) That the remaining land measuring 0-36 guntas
in Sy.No.59/1 of Mudahalli Village, Chikkaiahna Chatra
Hobli, Nanjangud Taluk, out of 01 Acre 03 Guntas which
is referred to as Item No.2 in the Plaint Schedule, is
allotted to the share of Smt.Sowbhagya, the
Appellant herein. This property is more fully described
RSA No. 1020 of 2016
in the Schedule hereunder and hereinafter referred to as
the "Schedule-B" property.
(iv) The land measuring 1 acre 08 guntas in
Sy.No.94/1 situated at Mudanahalli Village, Chikkaiahna
Chatra Hobli, Nanjangud Taluk and the residential house
with vacant site property bearing Janjaru No.317,
situated at Madaiahna Hundi Village, Moodahalli
Dhakale, Chikkaiahna Chatra Hobli, Nanjangud Taluk,
measuring 5 (five) ankanas and the vacant space
attached to it, i.e., Item Nos.3 and 4 of the Plaint
Schedule are allotted to the share of Sri.Rajanna the
Respondent No.2 herein. These properties are more
fully described in the Schedule hereunder and
hereinafter referred to as the "Schedule-C & D"
properties respectively.
(v) That the Respondent No.3 Smt.Shivamma have
paid a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty
Thousand only) to Sri.Rajanna - the Respondent No.2
herein, by way of Demand Draft dated:10.03.2023
bearing No.712978, drawn on Karnataka Gramin Bank,
Mellahally Branch, in favour of Respondent No.2. The
Respondent No.2 hereby acknowledges the receipt of
the same.
(vi) That the Appellant and the Respondents have all
their consent and affirmation for entering their
respective names in the concerned revenue records
including the Mutation and Record of Rights, in respect
RSA No. 1020 of 2016
of the properties that have fallen to their respective
shares, and that the respective sharers are liable to pay
the required land revenue, tax, cess, etc. to the
concerned Departments.
(vii) That, it is mutually agreed between all the
parties herein that in case of signature of a party to this
compromise petition is required before concerned
authorities either for effecting the Katha, mutation or for
any other legal purpose, he/she shall unconditionally
affix his/her signature thereto.
(viii) That the Appellant and Respondents hereby
declare that they have entered into this Compromise
Petition from and out of their own free will, wish and
volition and without any fraud, coercion,
misrepresentation, without any influence or compulsion
from any quarter.
(ix) That the contents of this Compromise Petition
have been read over and explained to all the parties
herein in the language known to them, and after having
satisfied that the same are true and correct and upto
their satisfaction, they have affixed their signatures
hereunto.
Wherefore, the Appellant and Respondents in the
above suit, being the parties to this Compromise
Petition, most humbly pray that this Hon'ble Court be
pleased to pass a Decree, in terms of this Compromise
Petition, to meet the ends of justice.
RSA No. 1020 of 2016
Schedule-A
(Suit Item No.1 property)
(Allotted to the share of Smt.Shivamma the
Respondent No.3)
All that piece and parcel of the agricultural land
measuring 0-32 guntas comprised in Sy.No.58/1
situated at Mudahalli Village, Chikkaiahna Chatra Hobli,
Nanjangud Taluk, bounded on:
East by : Land of Mahadevamma,
West by : Government Land,
North by : Land of Parashiva,
South by : Land of gowramma.
Schedule-B
(Suit Item No.2 property)
(Allotted to the share of Smt.Sowbhagya, the
appellant)
All that piece and parcel of the remaining agricultural
land measuring 0-36 guntas in Sy.No.59/1 out of 01
Acre 03 Guntas situated at Mudahalli Village,
Chikkaiahna Chatra Hobli, Nanjangud Taluk, bounded
on:
East by : Land of Mahadevamma,
West by : Land in Sy.No.58/1,
North by : Land of Parashiva,
South by : Land of Gowramma.
- 10 -
RSA No. 1020 of 2016
Schedule-C
(Suit Item No.3 property)
(Allotted to the share of Sri.Rajanna, the
Respondent No.2)
All that piece and parcel of the agricultural land
measuring 1 Acre 08 guntas comprised in Sy.No.94/1
situated at Mudahalli Village, Chikkaiahna Chatra Hobli,
Nanjangud Taluk, bounded on:
East by : Land of Gowramma,
West by : Land of Parashiva,
North by : Land of Mahadevamma,
South by : Government Road.
Schedule-D
(Suit Item No.4 property)
(Allotted to the share of Sri.Rajanna, the
Respondent No.2)
All that piece and parcel of the residential
country-tile-roofed house property bearing Janjaru
Number 317, situated at Madaiahna Hundi Village,
Moodahalli Dakhale, Chikkaiahna Chatra Hobli,
Nanjangud Taluk, measuring 5 (five) ankanas and
the vacant space attached to it, bounded on:
East by : House of Mahadevappa,
West by : House of Swamy,
- 11 -
RSA No. 1020 of 2016
North by : Government Road,
South by : Government Road."
On perusal of the Compromise Petition, this Court finds
that the terms of Compromise Petition are lawful and that there
is no legal impediment for accepting the same.
In view of settlement, both the parties have no claims of
whatsoever nature as against each other.
The Regular Second Appeal is accordingly, disposed of
in terms of the Compromise Petition.
The Registry concerned is hereby directed to draw the
decree in terms of the Compromise Petition.
Sd/-
JUDGE
TKN
