Karnataka High Court

Kariyamma vs G Gopalakrishna Dead By His Lrs on 22 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                      RFA No. 1625 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1625 OF 2021 (POS)


                   BETWEEN:

                   1.    KARIYAMMA
                         SINCE DEACEASED
                         APPELLANT Nos. 2 TO 6 ARE
                         TREATED AS HER LR'S

                   2.    SOMAKKA
                         W/O LATE TIPPESHA
                         AGED ABOUT 53 YEARS

                   3.    MADHU
                         S/O LATE TIPPESHA
                         AGED ABOUT 32 YEARS

                   4.    NAGARAJ
Digitally signed
by                       S/O LATE TIPPESHA
HEMALATHA A              AGED ABOUT 28 YEARS
Location: High
Court of
Karnataka          5.    SHABARISH
                         S/O LATE TIPPESHA
                         AGED ABOUT 28 YEARS

                   6.    MAHANTESHA
                         S/O LATE GOVINDAPPA
                         AGED ABOUT 42 YEARS

                   7.    YASHODAMMA
                         W/O LATE HALAPPA
                         AGED ABOUT 69 YEARS.
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                                  RFA No. 1625 of 2021




8.   ANNAIAH
     S/O LATE HALAPPA
     AGED ABOUT 30 YEARS
     ALL ARE RESIDENT OF
     SIDDESHWARA NAGARA
     CHIKKAL 4TH CROSS
     HOLEHONNUR ROAD
     SHIVAMOGGA -577 201.
                                         ...APPELLANTS
(BY SRI. P N HARISH.,ADVOCATE)

AND:

1.   G GOPALAKRISHNA
     DEAD BY HIS LRS
     SUMITHRAMMA
     W/O LATE G GOPALA KRISHNA
     AGED ABOUT 80 YEARS
     R/O KASHIPURA EXTENSION
     SIDDARAMAIAH LAYOUT
     VINOBHANAGARA
     SHIVAMOGGA -577 201.

2.   JAYASHRI
     W/O THAMMAIAH GOWDA
     D/O LATE G GOPALA KRISHNA
     AGED ABOUT 58 YEARS
     R/O GARUR MAIN ROAD
     BASAVESHWARA LAYOUT
     MYSURU-08.

3.   GOVINDARAJU G
     S/O LATE G GOPALA KRISHNA
     AGED ABOUT 56 YEARS
     R/O KASHIPURA EXTESNION
     SIDDARAMAIAH LAYOUT
     VINOBHANAGARA
     SHIVAMOGGA -577 201.

4.   VIDYAVATHI
     W/O SUBRAMANYA
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                                    RFA No. 1625 of 2021




     D/O LATE G GOPALA KRISHNA
     AGED ABOUT 53 YEARS
     R/O APPAJI RAO COMPOUND
     KOTE ROAD, SHIVAMOGGA -577 201.

5.   VEENA
     W/O NAGENDRA PRASAD
     AGED ABOUT 51 YEARS
     R/O PLOT NO.4, B NAGAPPA COLONY
     IST CROSS CONTAINMANT
     HOSAPETE ROAD, BELLARY -583 201.

6.   DHANALAKSHMI
     W/O SRIDHAR N
     D/O LATE G GOPALA KRISHNA
     AGED ABOUT 49 YEARS
     R/O KENCHAPPA LAYOUT
     NEAR MAHALAKSHMI TEMPLE
     VINOBANAGARA
     SHIAMOGGA-577201.

7.   G GIRISH
     S/O LATE G GOPALA KRISHNA
     AGED ABOUT 45 YEARS
     AGRICULTURIST AND BANK EMPLOYEE
     R/O P & T COLONY 4TH CROSS
     NEAR P AND T PARK
     SHIAMOGGA -577 201.
                                         ...RESPONDENTS
(BY SRI. K DHIRAJ KUMAR., ADVOCATE FOR R1 TO R7)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 08.01.2021 PASSED IN
OS.No.82/2016 ON THE FILE OF THE I/C I ADDITIONAL
SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DECREEING
THE SUIT FOR POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                     RFA No. 1625 of 2021




                       JUDGMENT

1. This appeal is filed by appellant under Section 96

of CPC challenging the judgment and decree dated

08.01.2021 passed by the I Addl. Senior Civil Judge &

CJM, Shivamogga in O.S.No.82/2016, whereby the

suit filed by the plaintiffs has been decreed.

2. For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court.

3. The plaintiffs filed the suit against the defendants

for directing the defendants to vacate and deliver the

vacant possession of the suit schedule property to the

plaintiffs. The Trial Court after hearing the parties,

vide judgment and decree dated 08.01.2021 has

decreed the suit and directed the defendants to quit

and deliver the vacant possession of the suit property

to the legal heirs of plaintiffs within three months the

date of this order, failing which, the legal heirs of the

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plaintiffs are at liberty to get possession of the suit

property through process of law at the costs of the

defendants and there shall be a separate enquiry for

mesne profit under order XX Rule 12 of CPC. Being

aggrieved by the same, the present appeal is filed by

the defendants-appellants.

4. On service of notice, the respondents-plaintiffs

have appeared through counsel.

5. During the pendency of this appeal, both the

parties have compromised the matter. The learned

counsel appearing for the parties have filed a

compromise petition under Order XXIII Rule 3 read

with Section 151 of the CPC. The contents of the

compromise petition is extracted hereinbelow:

"COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 CPC That the parties above named begs to submit as under:-

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1. That the Respondent herein filed O.S.82/2016 on the file of learned 1st Additional Senior Civil Judge & C.J.M, Shivamogga praying for recovery of vacant possession of land bearing Sy No.4 measuring 1 acre 34 guntas of Harige Village, Nidige Hobli, Shivamogga Taluk and District against the appellants and also sought for direction to the appellants herein to vacate and deliver vacant possession to the respondents, alongwith relief for mesne profits from the date of suit till the actual delivery of vacant possession under order 20 rule 12 of C.P.C.

2. That the Appellant Nos. 1 to 6 filed O.S 232/2018 on the file of learned 1st Additional Senior Civil Judge & C.J.M, Shivamogga seeking for declaration that they are absolute owners in possession and enjoyment of eastern portion of land bearing Sy no.4 measuring 36.5 guntas out of 1 acre 34 guntas of Harige Village, Nidige Hobli, Shivamogga Taluk and District and they have perfected their right, title and interest over the said lands by long, continuous and undisturbed possession of the same, adverse to the right, title and interests of respondents

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herein with consequential prayer for mandatory injunction seeking direction to Tahasildar, Shivamogga to enter their names as Khathedars in col.9 of the R.T.C. for the said land.

3. That Appellant Nos.7 & 8 filed O.S 233/2018 on the file of learned 1st Additional Senior Civil Judge & C.J.M, Shivamogga seeking for declaration that they are absolute owners in possession and enjoyment of western portion of land bearing Sy no.4 measuring 36.5 guntas out of 1 acre 34 guntas of Harige Village, Nidige Hobli, Shivamogga Taluk and District and they have perfected their right, title and interest over the said lands by long, continuous and undisturbed possession of the same, adverse to the right, title and interests of the respondent herein with consequential prayer for mandatory injunction seeking direction to Tahasildar, Shivamogga to enter their names as Khathedars in col.9 of the R.T.C., for the said land.

4. That the trial court was pleased to decree O.S. No.82/2016, filed by respondents herein and dismiss O.S. No.232/2018 and O.S. No.233/2018 filed by the Appellants herein. Trial Court directed the Appellants herein to quit and

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deliver the vacant possession of suit land within 3 months in favor of respondents herein.

5. That Appellants being aggrieved by decreeing the suit of respondents herein in O.S.No.82/2016, filed R.F.A. No.1625/2021 (POS).

6. That the Appellant nos. 1 to 6 being aggrieved by dismissal of suit in O.S. No.232/2018, filed R.F.A. No.1971/2023, Appellant no. 7 and 8 being aggrieved dismissal of suit in O.S. No.233/2018 filed RA No.5/2021 on the file of III Addl. District and Sessions Judge, Shivamogga R.F.A. No.1970/2023. In view of the compromise arrived in RFA No.1625/2021, Appellants have withdrawn RFA No.1970/2023 and RFA No.1971/2023.

7. That by the intervention of well wishers and close friends, Appellants and Respondents have amicably settled the disputes between to put quietus to all the issues and enjoy the property to their respective benefits. The settlement arrived by the Parties are reduced into writing and reads as under;

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i. The Appellants are owners in possession of in extent of 20 guntas out of 01-34 guntas (including 1 gunta of kharab land), in Sy no.4 of Harige Village, Nidige Hobli, Shivamogga Taluk and District, which is more fully and clearly described in the schedule II hereunder (delineated in the Sketch appended and demarcated as "ABCD") and herein after referred to as schedule II property.

ii. The Respondents are owners in possession of in extent of 01 Acre 13 guntas and 1 gunta of Kharab land out of 01-34 guntas (including 1 gunta of kharab land), in Sy no.4 of Harige Village, Nidige Hobli, Shivamogga Taluk and District, which is more fully and clearly described in the schedule I hereunder(delineated in the Sketch appended and demarcated as "CDEF") and herein after referred to as schedule I property.

iii. Appellants hereby and here only release/relinquish all their rights, titles, or interest in the SCHEDULE-I PROPERTY in favour of Respondents absolutely free from all encumbrances to enable the respondents hereto TO HAVE, TO HOLD and TO ENJOY the

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SCHEDULE-I PROPERTY as its absolute owners with unfettered right of alienation. Appellants undertake not to interfere in the possession of Respondents over SCHEDULE-I PROPERTY. Appellant shall permit the respondent to have access to SCHEDULE-I PROPERTY through their land and recognizes right of way measuring width of atleast 8 feet.

iv. Respondents hereby and here only release/relinquish all their rights, titles, or interest in the SCHEDULE-II PROPERTY in favour of Appellants absolutely free from all encumbrances to enable the Appellants hereto TO HAVE, TO HOLD and TO ENJOY the SCHEDULE-II PROPERTY as its absolute owners with unfettered right of alienation. Respondents undertake not to interfere in the possession of the Appellant over SCHEDULE-II PROPERTY. Respondents shall permit the Appellants to have access to SCHEDULE-II PROPERTY through their land and recognizes right of way measuring width of atleast 8 feet.

v. Appellants may be declared as owners in possession of SCHEDULE-II PROPERTY and

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Respondents may be declared as owners in possession of SCHEDULE-I PROPERTY

vi. Parties get may their name mutated/entered in the RTC in respect of their respective share and would be liable to pay all such taxes as may be leviable from the competent revenue offices.

8. The parties have consented to this compromise petition with full conscious, by their own will, free consent and violation, without any undue influence, fear or compulsion whatsoever.

9. That the contents of the compromise petition has been read over to the parties and explained in Kannada language by their respective advocates and after having understood the same, parties have subscribed their signature.

10. The parties do hereby on verification, declare that the contents of the compromise petition at para 1 to 5, 7 (i) to (vi), 8 & 9 are true and correct to the best of their knowledge, information and belief.

PRAYER

WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to record the

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compromise and dispose if these appeals in accordance with terms of compromise petition in the interest of justice.

SCHEDULE I (RESPONDENTS PROPERTY) All the part and parcel of the land bearing Sy.No.4 measuring 1 Acre 13 guntas and 1 gunta Kharab out (i.e., CDEF' as demarcated in Sketch) of 1 Acre 34 Guntas (including 1 gunta karab) of Harige Village, Nidige Hobli, Shivamogga Taluk and District bounded on :-

East by    :: Sy.No.6
West by    :: Sy.No.5
North by   :: Sy.No.6
South by :: Sy.No.4 Block II


                   SCHEDULE II
             (APPELLANTS PROPERTY)

All the part and parcel of the land bearing Sy.No.4 measuring 20 guntas (i.e., 'ABCD' as demarcated in Sketch)out of 1 Acre 34 Guntas (including 1 gunta kharab) of Harige Village, Nidige Hobli, Shivamogga Taluk and District bounded on :-

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     East by    ::   Sy.No.6


     South by ::     Sy No.3

6. The parties are present before the Court and they

have been identified by their respective counsel. The

contents of the compromise petition have been read

over to the parties in the language known to them.

They have accepted the same. There is no legal or

factual inhibition to accept the compromise, as the

same is out of their volition and without any coercion

and compulsion.

7. The compromise petition signed by the parties

and their respective counsel is taken on record. This

Court after satisfying with the terms of the

compromise petition, has passed the following order: