Karnataka High Court

Sri M Veerabhadrappa vs Sri Suresh Kumar on 12 June, 2023

Bench: Jyoti Mulimani

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                                                          NC: 2023:KHC:20070
                                                              RSA No. 2 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 12TH DAY OF JUNE, 2023

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                               REGULAR SECOND APPEAL NO.2 OF 2023
                      BETWEEN:
                      SRI M. VEERABHADRAPPA
                      S/O LATE MALLAIAH,
                      AGED ABOUT 72 YEARS,
                      R/AT ETTAKODI VILLAGE,
                      LAKKUR HOBLI, MALUR TALUK,
                      KOLAR DISTRICT - 563 130.
                                                                   ...APPELLANT
                      (BY SRI. V B SHIVAKUMAR., ADVOCATE)

                      AND:

                      1.    SRI SURESH KUMAR
                            S/O LATE M. MALLAIAH,
                            AGED ABOUT 57 YEARS,
                            R/AT NO.29,
                            OLD POST OFFICE ROAD,
Digitally signed by         TAVAREKERE,
THEJASKUMAR N               BENGALURU - 560 056.
Location: HIGH
COURT OF
KARNATAKA                   ALSO AT
                            R/AT RAINBOW GARDEN,
                            BEGAHALLI BANNERGHATTA MAIN ROAD,
                            BENGALURU - 560 083.

                      2.    SRI. M. VIJAYA KUMAR
                            S/O LATE MALLAIAH,
                            AGED ABOUT 53 YEARS,
                            R/AT NO.3,
                            OIL MILL ROAD, ARAVINDA NAGAR,
                            KAMMANAHALLI,
                            BENGALURU - 560 084.
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                                          RSA No. 2 of 2023




3.   SRI. M. VEERABHADRAIAH
     S/O LATE MALLAIAH,
     AGED ABOUT 61 YEARS
     R/AT NO. 441, 31-BLOCK,
     CPWR QUARTERS,
     HSR LAYOUT,
     BENGALURU - 560 102.
     ALSO AT,
     R/A TNO. 304, 3RD FLOOR,
     HARSHITA APARTMENT,
     LEELADRI NAGAR,
     3RD CROSS, ELECTRONIC CITY PHASE-I
     BENGALURU- 560 1000.

4.   SRI.M. JAYARAJ
     S/O LATE MALLAIAH,
     AGED ABOUT 59 YEARS,
     R/AT NO. 3(10/1),
     1ST MAIN ROAD,
     GANDHINAGAR,
     MUNNEKOLALU,
     BENGALURU - 560 034.

5.   SRI. M. SRINIVAS
     S/O LATE MALLAIAH,
     AGED ABOUT 56 YEARS,
     R/AT NO.33,
     CORPORATION QUARTERS,
     BERLIE STREET CROSS,
     SANTHINAGAR,
     BENGALURU - 560 025.
                                            ...RESPONDENTS

(BY SRI. ONKARAPPA N.D., ADVOCATE FOR R1 & 2;
 R5 - SERVED)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.

     THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                                RSA No. 2 of 2023




                              ORDER

Sri.V.B.Shivakumar., learned counsel for appellant and

Sri.N.D.Onkarappa., learned counsel for respondents 1 & 2

have appeared in person.

Learned counsel for the respective parties submits that

appellant and respondents 1 & 2 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 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

Sri.M.Veerabhadrappa - appellant, Sri.Suresh Kumar &

Sri.M.Vijaya Kumar - respondents 1 & 2 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

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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:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE

The Appellant and Respondents No.1 and 2 in the above appeal beg to submit as follows:

1. The Appellants and Respondents No.1 and 2 have in the above appeal have amicably settled the interse dispute interse between the Appellant and Respondents No.1 and 2 on mediation and after negotiation between the parties and have brought an amicable settlement on following terms and conditions.

TERMS AND CONDITIONS:

The Respondent No.1 and Respondent No.2 who are plaintiffs in the Original Suit O.S.No.512/2011 a suit filed for Partition and Separate Possession claiming 1/5th share in the schedule immovable

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property morefully described in the schedule to this Deed of Compromise hereby, under the Compromise are conveying their right share title and interest of their respective 1/5th share in the following manner:

(i). Sri.Suresh Kumar, S/o.Late M.Mallaiah - the 1st plaintiff in Original Suit O.S.No.512/2011 has this day received under this Compromise Petition an amount of Rs.16,00,000/- (Rupees Sixteen Lakhs) in the following manner:

(a) An amount of Rs.14,00,000/- (Rupees Fourteen Lakhs) by way of Demand Draft bearing No.331849 drawn on Canara Bank, dated:5.6.2023;

(b) An amount of Rs.2,00,000/- (Rupees Two Lakhs) by way of cash dated:5.6.2023 towards his share in the schedule property executed and conveyed in favour of the Appellant by M.Veerabhadraiah, S/o.Late Mallaiah, Sri.M.Jayaraj S/o.Late.Mallaiah and Sri.Srinivas S/o.Late.M.Mallaiah who are defendants No.1, 2 and 3 in the Original Suit O.S.No.512/2011.

(ii). Sri.Vijaya Kumar S/o.Late M.Mallaiah - the 2nd plaintiff in Original Suit O.S.No.512/2011 has this day received under this Compromise Petition an amount of Rs.16,00,000/- (Rupees Sixteen Lakhs) in the following manner:

(a) An amount of Rs.9,00,000/- (Rupees Nine Lakhs) by way of Demand Draft bearing

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No.766369 drawn on Karnataka Gramin Bank, dated:5.6.2023.

(b) An amount of Rs.5,00,000/- (Rupees Five Lakhs) by way of Demand Draft bearing No.766370 drawn on Karnataka Gramin Bank, dated:5.6.2023 and cash of Rs.2,00,000/- (Rupees Two Lakhs) is paid on 05.06.2023 towards his share in the schedule property executed and conveyed in favour of the Appellant by M.Veerabhadraiah, S/o.Late Mallaiah, Sri.M.Jayaraj S/o.Late Mallaiah and Srinivas S/o.Late M.Mallaiah who are defendants No.1, 2 and 3 in the Original Suit O.S.No.512/2011.

(iii). Respondents No.1 & 2 hereby declare and confirm that the Appellant who is the purchaser of the immovable property as 4th defendant is cultivating the land and is in lawful title and lawful possession of the property upon a registered sale deed executed in his favour registered as sale deed dated:09.04.2004 registered as Document No.MLR-1-00980/2004-05, CD.No.MLRD4 in the Office of the Sub Registrar, Malur and has also transferred his possession evidenced by MR.No.11/2004-05 and is in lawful settled possession of the property.

(iv). The Appellant and Respondents 1 & 2 who are 4th defendant and Plaintiffs No.1 and 2 before the Trial Court and defendants No.1, 2 and 3 before the

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Trial Court in the Original Suit have no objection for registration of this Compromise Petition upon payment of the registration charges for execution of the document of compromise which shall be the part and parcel of the sale deed executed by Sri.Veerabhadraiah S/o.Late Mallaiah, Sri.M.Jayaraj S/o.Late Mallaiah and Sri.M.Srinivas S/o.Late Mallaiah in favour of the Appellant, the 4th defendant.

SCHEDULE All that piece and parcel of agricultural land bearing Sy.No.181/5 measuring 1.24.00 (One Acre Twenty Four Guntas) of Dry Land situated at Yattakodi Village, Lakkur Hobli, Malur Taluk, Kolar District with all rights, appurtenances whatsoever hereunder or underneath or above the surface and bounded on:

              East by     : Land of Munithimmaiah;
              West by     : Land of Balagurappa;
           North by       : Land of Begur Muniswami;
           South by       : Land of Chikka Nanjappa."

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.

As per the terms of the compromise, appellant has

handed over one Demand Draft to respondent No.1 and two

Demand Drafts to respondent No.2 and respondents 1 & 2

acknowledges the receipt of said Demand Drafts.

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In the circumstances, the Judgment and Decree of the

Trial Court is modified in terms of the Compromise petition.

In view of settlement, both the parties have no claims of

whatsoever nature as against each other.