Karnataka High Court

Sri R Muniraju vs Smt Venkatamma on 16 April, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                                  NC: 2024:KHC:15204
                                                              RSA No. 201 of 2018




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF APRIL, 2024

                                            BEFORE
                           THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    REGULAR SECOND APPEAL NO. 201 OF 2018 (SP)
                   BETWEEN:
                         SRI.R. MUNIRAJU
                         AGED ABOUT 57 YEARS
                         S/O LATE RAMAIAH
                         R/AT YETTIKODI VILLAGE
                         LAKKUR HOBLI
                         MALUR TALUK - 563 130
                         KOLAR DISTRICT.
                                                                        ...APPELLANT
                   (BY SRI. BHADRINATH R.,ADVOCATE)

                   AND:
                      SMT. VENKATAMMA
                      W/O LATE RAMAIAH SHETTY
Digitally signed
by SUMA B N           AGED ABOUT 77 YEARS
Location: High        REPRESENTED BY GPA HOLDER
Court of
Karnataka
                      SRI. THIPPAIAH
                      AGED ABOUT 74 YEARS
                      R/AT NARAYANAKERE VILLAGE
                      HOSAKOTE TALUK - 562 114
                      BENGALURU DISTRICT.
                                                                      ...RESPONDENT
                   (BY    SRI.   V.   VISWANATH         SHETTY,    ADVOCATE     FOR
                   RESPONDENT)
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                                             NC: 2024:KHC:15204
                                            RSA No. 201 of 2018




        THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 22.11.2017 PASSED IN
RA NO.91/2011 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 07.09.2011 PASSED IN
OS NO.49/2011 (OLD NO.125/04 AND 205/04) ON THE FILE OF
THE SENIOR CIVIL JUDGE, MALUR.

        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal is filed by the plaintiff-Smt.Venkatamma

aggrieved by the common judgment and decree dated

07.09.2011 passed in O.S.Nos.46/2011 and 49/2011(old

O.S.No.125/2004 and O.S.No.205/2004) on the file of

Senior Civil Judge, Malur (hereinafter 'the Trial Court')

which is confirmed by the common judgment and order

dated 22.11.2017 passed in R.A.No.90/2011 and

R.A.No.91/2011 on the file of I Additional District Judge,

Kolar (hereinafter 'the First Appellate Court').

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2. A Compromise petition dated 16.04.2024 is filed

under Order 23 Rule 3 R/w Section 151 of CPC, 1908 which

reads as under:

"1. The suit of the appellant in O.S.No.49/2011 (Old O.S.No.205/2004) is for the specific performance of the agreement of sale dt. 14.08.2002 in respect of the suit schedule property, the same is disputed by the respondent.

2. The Trial Court has dismissed the suit. The 1"

Appellate Court while allowing the R.A.No.91/2011 has set aside the Judgment and Decree.

3. In pursuance of the settlement arrayed between the appellant and the respondent, it is mutually agreed between them and the respondent has agreed to execute a valid, proper registered sale deed in favour of the appellant in respect of I acre out of the suit schedule property.

4. The appellant has agreed and specified for the same and further agreed that he will give up his claim in respect of the remaining extent of the suit schedule property on the basis of the agreement of sale dt. 14.08.2002.

5. It is agreed between the appellant and the respondent that the appellant need not to pay any further sale consideration amount to the respondent,

NC: 2024:KHC:15204

who agreed to execute proper, valid registered sale deed in respect of 1 acre, out of the suit schedule property and the respondent has also agreed that she will not claim any further consideration amount.

6. The appellant hereby declare that he will not lay any claim over the remaining portion of the property, which is retained by the respondent on the basis of the agreement of sale dt. 14.08.2002.

7. The appellant hereby declares that the respondent is at liberty to enjoy the remaining extent of the property as absolute owner thereof having all right, title and interest over the same as she deems fit in the circumstances.

8. The respondent has to execute a valid, proper registered sale deed in favor of the appellant at his cost within three months from today and will deliver possession of the same at the time of execution of the registered sale deed.

9. The appellant has agreed to get register the sale deed at his cost from the respondent within three months from today.

10. The respondent has also agreed to execute the valid, proper registered sale deed in favor of the appellant or his nominee at the time of executing the registered sale deed with the consent of the appellant.

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11. The respondent has agreed to co-operate with the appellant for getting 11-E Sketch, which is required for registration of the sale deed.

12. In the event if the respondent fails to execute the registered sale deed, the appellant is at liberty to obtain the sale deed from the Hon'ble Trial Court in pursuance of this compromise petition.

13. The entire suit schedule property is described as 'A' schedule property to this compromise petition.

14. The portion of 1 acre of land in respect of which the respondent has agreed to execute valid, proper registered sale deed in favor of the appellant is described as 'B' schedule property to this compromise petition.

15. The portion of the schedule property retained by the respondent for herself is described in the schedule hereunder and referred to as 'C' schedule property to this Compromise petition.

16. The respondent herein insure to execute the sale deed in respect of the schedule 'B' property within three months from the date of obtaining 11-E sketch in respect of the schedule property in favour of the appellant herein, in the event failed to do so the appellant shall be at liberty to obtain the sale deed through the Court by executing the decree.

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17. Both the parties hereby declare that, they have understood the contents of this compromise petition and its legal consequences and thereby they have entered in to this compromise petition on their own volition and as such there is no exercise of fraud, coercion, undue influence or misrepresentation against each other. Hence, each of them have come forward voluntarily to enter in to this compromise petition.

18. The parties have agreed to bear their own costs. WHEREFORE, the appellant and the respondent humbly pray that this Hon'ble Court may be pleased to decree the suit of the plaintiff / appellant in O.S.No.49/2011 (Old O.S.No.205/2004) in terms of this compromise petition and direct the office to draw the decree in terms of this compromise petition and further be pleased to refund the court fee in the above case, in the interest of justice."

'A' SCHEDULE PROPERTY All that piece and parcel of the property bearing Sy.No.38, Old Sy.No.38/A, measuring 2 acres 23 guntas, situated at Yettikodi Village, Lakkur Hobli, Malur Taluk, Kolar District, bounded on :-

East by - Property belongs to Sarojamma & Sainath West by- Property belongs to childrens of Basamma North by - Property belongs to Sathish Reddy

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South by - Property belongs to late Ramaiah. Tilak & Satish.

'B' SCHEDULE PROPERTY All that piece and parcel of the property bearing Sy.No.38, Old Sy.No.38/A, measuring 1 acre, out of 2 acres 23 guntas, situated at Yettikodi Village, Lakkur Hobli, Malur Taluk, Kolar District, bounded on:-

East by - Property belongs to Sarojamma West by- Property belongs to childrens of Basamma North by - Remaining land of 1.23 acres retained by the respondent South by -Property belongs to late Ramaiah, Tilak & Satish

'C' SCHEDULE PROPERTY All that piece and parcel of the property bearing Sy.No.38, Old Sy.No.38/A, measuring 1 acre guntas, out of 2 acres 23 guntas, situated at Yettikodi Village, Lakkur Hobli, Malur Taluk, Kolar District, bounded on:-

East by - Property belongs to Sarojamma & Sainath West by- Property belongs to childrens of Basamma North by - Property belongs to Sathish Reddy South by - Remaining property of the appellant i.e., 'B' Schedule property"