Karnataka High Court

C Nagaraj vs Muniswamappa on 5 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

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                                                   RSA No. 177 of 2017




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                       BEFORE
                  THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                  REGULAR SECOND APPEAL NO. 177 OF 2017 (PAR)
              BETWEEN:

                   C NAGARAJ,
                   S/O LATE CHIKKAMUNIYAPPA
                   AGED ABOUT 43 YEARS
                   R/AT NO.167/3,
                   LAKSHMI VENKATESHWARA NILAYA
                   CHANNASANDRA VILLAGE,
                   BIDARAHALLI HOBLI
                   BANGALORE EAST TALUK,
                   BENGALURU - 560 067
                                                          ...APPELLANT
              (BY SRI. H.C.SHIVARAMU .,ADVOCATE)

              AND:

              1        MUNISWAMAPPA
Digitally              SINCE DEAD BY LRS
signed by B
LAVANYA
              1 (a)    SMT.MEENAMMA
Location:
HIGH                   D/O.LATE MUNISWAMAPPA
COURT OF               AGED ABOUT 58 YEARS
KARNATAKA              R/AT NO.78
                       17TH CROSS, 4TH MAIN ROAD
                       AGRAHARA DASARAHALLI
                       BENGALURU - 560 079

              1(b)     SMT.BHARATHI
                       D/O LATE MUNISHWAMAPPA
                       W/O BABU
                       AGED ABOUT 42 YEARS
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                                       RSA No. 177 of 2017




        R/AT NO.945
        AVATHI NARAYANAPPA GARDEN
        CHAMUNDESHWARI LAYOUT
        DODDABOMMASANDRA
        VIDYARANYAPURA
        MAIN ROAD
        BENGALURU - 560 097

1 (c)   SMT.ANUSUYA
        D/O LATE MUNISWAMAPPA
        AGED ABOUT 38 YEARS
        RESIDENT OF AVALAHALLI
        VILLAGE, OPP: OLD GOVT
        SCHOOL, VIRONAGAR POST
        BENGALURU - 560 049

2.      MUNIYAPPA
        S/O KARIYAPPA
        AGED ABOUT 70 YEARS
        R/AT KALLUKUNTE
        AGRAHARA , AREHALLI VILLAGE,
        ANUGONDANAHALLI HOBLI,
        HOSKOTE TALUK
3.      B SRINIVAS
        S/O RAMAIAH
        AGED ABOUT 40 YEARS
        R/A NO.68, 3RD CROSS,
        PARVATHINAGAR , LAGGERE,
        BENGALURU

4.      KRISHNAMURTHY
        S/O RAMESH
        AGED ABOUT 42 YEARS
        RESIDENT OF KALLUKUNTE AGRAHARA
        AREHALLI VILLAGE,
        ANUGONDANAHALLI HOBLI,
        LAGGERE
        BENGALURU

5.      MANJUNATH
        S/O RAMAIAH
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                                    RSA No. 177 of 2017




     AGED ABOUT 43 YEARS
     R/A NO.779, KOTEBEEDI,
     1ST CROSS, ATTIBELE VILLAGE,
     ANEKAL TALUK
     BENGALURU - 560 067

6.   VENKATESH
     S/O RAMAIAH
     AGED ABOUT 45 YEARS
     R/AT LAKSHMI NILAYA, NO.781,
     KOTEBEEDI, 1ST CROSS, ATTIBELE
     BENGALURU - 560 067

7.   SMT.MANJULA
     D/O KRISHNAMURTHY
     AGED ABOUT 35 YEARS
     RESIDENT OF KALLUKUNTE
     AGRAHARA, AREHALLI VILLAGE
     ANUGONDANAHALLI HOBLI,
     HOSKOTE TALUK

8.   SMT.PADMAMMA
     W/O SRINIVAS
     AGED ABOUT 33 YEARS
     R/AT NO.68, 3RD CROSS,
     PARVATHINAGAR, LAGGERE
     BENGALURU

9.   KEMPAMMA
     D/O LATE KARIYAPPA
     W/O LATE SODDAPPA
     MAJOR
     R/AT NO.44, 10TH CROSS, C BLOCK
     RAJAJINAGAR,
     BENGALURU
10   SRI JAYANTH
     S/O LATE MUNIRAJU &
     LATE SMT. RAJAMMA
     AGED ABOUT 32 YEARS
     R/AT AVALAHALLI
     JAMES SCHOOL ROAD
     VIRGONAGAR POST
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                                               RSA No. 177 of 2017




       HOSAKOTE (T)
       BENGALURU-560 049
                                                     ...RESPONDENTS
(BY SRI.A SAMPATH., ADVOCATE FOR R-1 (A) TO (C)
AND R-10;
R-2 TO R-9 ARE DELETED VIDE ORDER DATED 5.2.2024;
R-10 IMPLEADED VIDE ORDER DATED 5.2.2024)


     THIS    REGULAR    SECOND        APPEAL    IS    FILED   UNDER
SEC.100    R/W.XLII   RULE(1)    OF    CPC.,1908      AGAINST   THE
JUDGMENT AND DECREE DATED 18.10.2016 PASSED IN RA
NO.10/2015 ON THE FILE OF THE VII ADDL.DISTRICT AND
SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE
ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND
DECREE DATED 29.11.2014 PASSED IN OS NO.1700/2008 ON
THE FILE OF THE PRL.SENIOR CIVIL JUDGE, BANGALORE
RURAL DISTRICT, BANGALORE

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Heard learned counsel - Sri H.C. Shivaramu for the

appellant and learned counsel - Sri A. Sampath for the

respondent Nos.1(a) to 1(c) and 10.

2. Learned counsel for both the parties submit that their

respective clients agreed to amicably settle the matter amongst

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themselves to put an end to the long drawn litigation between

the family members. Accordingly, they have filed the

compromise petition under order XXIII Rule 3 of the Code of

Civil procedure. The compromise petition is signed by the

appellant and Respondent Nos.1(a) to 1(c) and 10 and their

respective counsel. The terms and conditions as agreed

between the parties in the compromise petition are as under:

1. The Appellant has filed the above second appeal being aggrieved by the Judgment and Decree dated 18.10.2016 in R.A. No.10/2015, modifying the Judgment and Decree in O.S. No.1700/2008. In terms of Judgment and Decree in R.A .

No.10/15, the Respondent No.1 late Muniswamappa was declared to be entitled to 4/9th share in the suit schedule properties.

2. The Appellant, who was the Respondent No.8 in RA No.10/2015, is the Purchaser of the Item No.1 of the Suit Schedule Properties bearing old Sy.No.10, after pucca phodi, now assigned Sy Nos 10/1, 10/2, 10/3, 10/4 of Arehalli village, Anugondanahalli

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Hobli, Hoskote Taluk, Bangalore Rural District, measuring an extent of 4 acre 15 guntas.

3. The Appellant and the Respondent No.1(a) to 1(c) who are the daughters of late Muniswamappa and Respondent No.10, who is the only child of late Smt.Rajamma, the pre-deceased daughter of Muniswamappa, being the only LRs, of Muniswamappa have entered into an amicable settlement the terms of which are as below.

a. The Respondents Nos. 1(a) to 1 (c) and Respondent No.10, as the legal representatives of late Muniswamappa, who had been granted 4/9th share in the Suit Schedule properties, have agreed to receive an amount of Rs.1,30,00,000/- (Rupees One Crore Thirty Lakhs only) from the Appellant in lieu of their share as per the modified decree passed in R.A.No.10/2015. The Appellant has delivered Demand Drafts to the Respondent Nos. 1(a) to 1 (c) and Respondent No.10 as mentioned below:

i. A sum of Rs.40,00,000/- (Rupees Forty lakhs only) by way of Demand Draft

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bearing No.183345 dated 16.01.2024 drawn on Karnataka Bank Ltd, Whitefield Branch, Bangalore, favouring Smt.Meena, Respondent No.1 (a);

ii A sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) by way of Demand Draft bearing No.183347 dated 20.01.2024 drawn on Karnataka Bank Ltd, Whitefield Branch, Bangalore, favouring Smt.M.Bharathi, Respondent No.1 (b);

iii A sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) by way of Demand Draft bearing No.062547 dated 4.11.2023 drawn on Karnataka Bank Ltd, Whitefield Branch, Bangalore, favouring Smt.Anusuya, Respondent No.1 (c);

iv) A sum of Rs. 1,00,000/- (Rupees One Lakh only) by way of cash paid to Jayanth Kumar A M (Respondent No.10) on 14.01.2024; and

v) A sum of Rs.19,00,000/- (Rupees Nineteen Lakhs only) by way of Demand Draft) bearing No.183344 dated 16.01.2024 drawn on Karnataka Bank Ltd, Whitefield Branch, Bangalore,

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favouring Jayanth Kumar A.M., Respondent No.10.

4. The Respondents No. 1(a) to 1 (c) and Respondent No.10 hereby acknowledge the receipt of the sum of Rs.1,30,00,000/- (Rupees One Crore Thirty Lakhs only) in the manner aforementioned, which is in full and final settlement of all their rights, title, claim share and interest in Item No.1 of the Suit Schedule Properties.

5. The Respondent No.1 (a) to 1(c) and Respondent No.10 who are the legal representatives of late Munishamappa hereby ratify and confirm that the Sale Deed executed by Muniyappa, S/o Kariyappa, and others dated 27.03.2014, and registered in the office of Sub-Registrar, Hoskote, Bangalore Rural District, as documents No. HSK-1-

1124/2013-14, stored in CD No.HSKD456 of Book-I and is lawful and fully binding on them.

6. The Respondents No.1 (a) to 1(c) and Respondent No.10 hereby ratify and confirm that C.Nagaraj, S/o. late Chikkamuniyappa, the Appellant herein,

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is the absolute owner of item No.1 of the Suit Schedule Properties, namely the land measuring to an extent of 4 acres 15 guntas in Sy.Nos, 10/1, 10/2, 10/3, 10/4 (old Sy.No.10) of Arehalli Village, Anugondanahalli Hobli, Hoskote Taluk, Bangalore Rural District and that the Respondents No.1(a) to 1(c) and Respondent No.10 have no manner of right, title, claim, share and interest in the said property.

7. The Respondents No.1(a) to 1(c) and Respondent No.10 have filed a Final Decree Proceedings in FDP No.43/2018 pending on the file of the Senior Civil judge, Hoskote, Bangalore Rural District, and undertake to withdraw the said FDP by reporting the above settlement.

8. The Respondents No.1 (a) to 1(c) and Respondent No.10 hereby ratify and confirm that C. Nagaraj, the appellant is in actual possession of Item No.1 of the Suit Schedule Properties, which is morefully described in the Schedule here below.

9. The Appellant and Respondents No. 1(a) to 1(c) and Respondent No.10 hereby

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ratify and confirm that they have signed this compromise petition after going through and understanding the contents of the same without any coercion, force, undue influence or misrepresentation.

10. The Respondent Nos. 2 to 9 being impleaded in the above appeal in view of they being arrayed as defendants in the trial court, are formal parties and therefore the above appeal be dismissed as against them.

3. The parties to the proceedings i.e., the appellant and

Respondent Nos.1(a) to 1(c) and 10 are present before the

Court. To verify the veracity of the compromise petition

executed by the parties, this Court interacted with the

respective parties present before the Court. On enquiry, they

agreed to the execution of the compromise petition. The

parties have also admitted the terms and conditions of the

compromise petition and they jointly submit that they have

affixed their signatures to the compromise petition voluntarily

after having understood the terms and contents of the

compromise petition and also confirm that there is no coercion

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or undue influence in execution of this compromise petition

amongst themselves.

4. As per the compromise petition, Respondent Nos.1(a)

to 1(c) and 10 have agreed to receive an amount of

Rs.1,30,00,000/- from the appellant in lieu of their share.

Today, the appellant has paid the said amount by way of

Demand Drafts. In fact, the appellant handed over Demand

Drafts drawn in favour of the respective parties viz.,

Respondent Nos.1(a) to 1(c) and Respondent No.10 to them in

the open Court in presence of their learned counsel. On

enquiry, Respondent No.1(a) to (c) and 10 acknowledged the

receipt of Rs.1,30,00,000/- by way of Demand Drafts, the

details of which are described in paragraphs 3(a)(i) to (v) of

the compromise petition. Respondent Nos.1(a) to 1(c) and 10

also affirmed with regard to withdrawal of the FDP proceedings

initiated by them in FDP No.43/2018, in view of the settlement

entered today.

5. In view of the compromise being entered into by the

appellant and Respondent Nos.1(a) to 1(c) and 10, the

judgment and decree passed by the trial Court in O.S.

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No.1700/2008 dated 29th November 2014, which thereafter

modified by the first appellate Court in R.A. No.10/2015 dated

18th October 2016, is further modified by the terms and

conditions of the compromise petition executed by the

appellant and Respondent Nos.1(a) to 1(c) and 10.

6. In view of the compromise petition, Respondent

Nos.1(a) to 1(c) and 10 hereby ratify and confirm that the sale

deed executed by Muniyappa s/o Kariappa and others dated

27.3.2014 registered in the office of the Sub-Registrar,

Hoskote, Bangalore rural District, to be lawful and fully binding

on them and they do not have any objection in the appellant

being declared as the owner of the said property as mentioned

in the schedule to the compromise petition. The appellant

confirms that he is in absolute possession and enjoyment of

the schedule property mentioned in the compromise petition

and continues to be so and the same is affirmed and not

objected to by Respondent Nos.1(a) to 1(c) and 10.

7. Placing the compromise petition on record, in the

interest of all the parties, this appeal requires to be disposed of

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in accordance with the terms of the compromise petition.

Accordingly, I pass the following:

ORDER

i) Regular Second Appeal stands disposed of in terms of the compromise petition.

ii) The judgment & Decree passed by the trial Court in O.S. No.1700/2008 dated 29th November 2014, which thereafter modified by the first appellate Court in R.A. No.10/2015 dated 18th October 2016, is further modified by the terms and conditions of the compromise petition executed by the appellant and Respondent Nos.1(a) to 1(c) and 10.