Karnataka High Court
Kumari Jyothi vs Smt B M Yashodha on 12 February, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:5879
RFA No. 682 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 682 OF 2017 (PAR)
BETWEEN:
KUMARI JYOTHI
D/O LATE DAYANAND
AGED ABOUT 36 YEARS
R/AT NO.569, 5TH MAIN ROAD
9TH CROSS ROAD
UPPER PALACE ORCHARD
SADASHIVANAGAR
BENGALURU-560 080.
...APPELLANT
(BY SRI. P N NANJA REDDY .,ADVOCATE)
AND:
1. SMT B M YASHODHA
W/O LATE DAYANAND
Digitally signed by AGED ABOUT 61 YEARS
HEMALATHA A
Location: High 2. SHRI D.RAKESH
Court of
Karnataka S/O LATE DAYANAND
AGED ABOUT 38 YEARS
3. KUMARI D IMPANA
D/O LATE DAYANAND
AGED ABOUT 30 YEARS
ALL ARE R/AT NO.569
5TH MAIN ROAD
9TH CROSS ROAD
-2-
NC: 2024:KHC:5879
RFA No. 682 of 2017
UPPER PALACE ORCHARD
SADASHIVANAGAR
BENGALURU-560 080.
...RESPONDENTS
(BY SRI. JAI M PATIL., ADVOCATE R1 TO R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 02.03.2017
PASSED IN OS NO.1841/2014 ON THE FILE OF THE 20TH
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH
30), DISMISSING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiff under Section 96
of CPC challenging the judgment and decree dated
02.03.2017 passed by the XXIX Additional City Civil &
Sessions Judge, Bengaluru in O.S.No.1841/2014, whereby
the suit filed by the plaintiff for partition was dismissed.
2. After service of notice in the appeal, the parties
have arrived at a settlement and have filed a compromise
petition under Order 23 Rule 3 of CPC.
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3. The compromise petition is taken on record. It
reads as follows:
"The appellant and respondents respectfully
submit as follows:
The Plaintiff/appellant and the defendants 1
to 3/ Respondents 1 to 3 have mutually agreed to
compromise and settle the dispute involved in the
suit in O.S.No.1841/2014 on the following terms
and conditions:
1) The plaintiff/appellant filed suit in
O.S.No.1841/2014 for partition and separate
possession of 1/4th share in the suit schedule
properties mentioned herein below. The schedule
properties are the self-acquired properties of the
father of the appellant and the respondents 2 & 3
late Dr.T.G.Dayanand, and the suit of the appellant
has been dismissed.
2) The parties in the suit and the appeal
referred to above have amicably settled the dispute
at the intervention of their well-wishers, elders and
friends and compromised the dispute and filing this
compromise petition on their own will and wish.
3) The plaintiff/Appellant filed suit in
O.S.No.1841/2014 for partition claiming 1/4th share
in the suit schedule properties and also for mesne
profits. The Trial Court dismissed the suit though
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held that schedule properties are joint family
properties of the Appellant and the Respondents and
the appellant is in joint possession of the schedule
properties. The suit is dismissed 03.02.2017 only on
the ground by following the decision of the Supreme
Court in Prakash Vs Phulavati (2016) 2 SCC 36. The
said judgment has been overruled by the
subsequent judgment in Vineeta Sharma -Vs-
Rakesh Sharma and others reported in (2020) 9
SCC 1.
4) The Defendants/Respondents 1-3 have
agreed to pay a sum of Rs.1,50,00,000/- to the
appellant on or before 30.05.2024 in lieu of claim
made in O.S.No.1841/2014, failing which the
Plaintiff/appellant is entitled for 1/4th share in the
suit schedule properties 1 & 2 as held by the Hon'ble
Apex Court in (2020) 9 SCC 1 along with mesne
profits from the date of filing the suit i.e., the rents
for 1/4th share entitled to by the appellant in the
schedule-1 Property.
5) The Defendants/Respondents 1-3 have
agreed to pay a sum of Rs.1,50,00,000/- to the
Appellant in lieu of 1/4th share in the schedule
properties on or before 30.05.2024. For which, the
Appellant is agreed to give up her 1/4th share in the
suit schedule properties.
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6) The Respondents/Defendants 1-3 have
agreed that in the event of failure to pay a sum of
Rs.1,50,00,000/- to the Appellant on or before
30.05.2024 to the appellant, the appellant is
entitled for 1/4th share in both the suit schedule
properties 1 & 2 including mesne profits as claimed
in the plaint in O.S.No.1841/2014.
7) The Respondents/Defendants have agreed
upon that in the event of failure to pay a sum of
Rs.1,50,00,000/- to the Appellant, the appellant is
entitled for 1/4th share in the suit schedule
properties 1 & 2 and also for transfer of katha in the
BBMP records of the suit schedule properties 1 and
8) The Defendants/respondents on payment of
Rs.1,50,00,000/- to the appellant on or before
30.5.2024 would be entitled to transfer katha of the
suit schedule properties to their names and the
plaintiff will have no objection.
9) The Defendants/Respondents further
agree that the Plaintiff and the defendants 1-3 are
in joint physical possession of the suit schedule
properties 1 and 2 and they can continue to enjoy
the same as the owners of the schedule properties
in the event of failure to pay a sum of
Rs.1,50,00,000/- to the Appellant.
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10) The defendants/respondents agree and
admit that if they fail to comply the above terms and
conditions of this compromise and any third party
rights created by them would not be binding on the
plaintiff, however the defendants/respondents and
the plaintiff/appellant are at liberty to enter into any
agreement of sale with third parties to alienate the
item No.2 of the schedule property and would
execute the sale deed only after the agreed amount
of Rs.1,50,00,000/- is paid to the plaintiff/appellant.
SCHEDULE
1) The Residential house property bearing No.
PID No.88-255- 6AC-330 measuring 50feet X 80feet
situated at OMBR Layout, Bhuvanagiri, Banasawadi,
Bangalore-560043 and bounded on:
East By : Site No.6AC-332
West by : Site No.6AC-328
North by : 6th A Cross Road
South by : Site No.6AC-329
2) The House site bearing No. PID No.024-W-
0033-29 measuring 40 feet X 60 feet situated at
No.1202, 26th Cross, HBR Lay out, 5th Block,
B.B.M.P. Ward No.24, Bangalore bounded on:
East By : Road
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West by : Site No.1199
North by : Site No.1201
South by : Site No.1203
Wherefore the plaintiff/appellant and the
defendants/respondents above named respectfully
prays that this Hon'ble Court may be pleased to
dispose the above appeal by modifying the
judgment and decree passed in O.S.No.1841/2014
dated 02.03.2017 on the file of the XXIX Addl. City
Civil Judge, Bengaluru City in the above terms of
compromise and draw the decree accordingly in the
interest of justice."
4. The compromise petition is signed by the parties.
The parties are present before the Court. They and their
signatures are identified by their respective learned
advocates. They state that they have entered into the
settlement out of their volition and without any duress
from anybody.
5. This Court, after satisfying with the terms of the
compromise petition, passed the following order:
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a) The appeal is disposed of in terms of the
compromise petition.
b) The compromise petition filed under Order
XXIII Rule 3 of CPC is ordered to be treated as
part and parcel of this order.
c) The Registry is directed to draw the decree in
terms of the compromise petition.
d) In view of disposal of the appeal, all pending
applications do not survive for consideration.
Sd/-
JUDGE
CM
