Karnataka High Court

Sri H C Putte Gowda vs Sri L K Bhima Rao on 23 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                           NC: 2024:KHC:7605
                                                         RFA No. 707 of 2018
                                                     C/W RFA No. 708 of 2018



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 707 OF 2018 (DEC/INJ)
                                            C/W
                        REGULAR FIRST APPEAL NO. 708 OF 2018(DEC/INJ)

                   IN RFA 707/2018

                   BETWEEN:

                   SRI H C PUTTE GOWDA
                   S/O LATE CHIKKA THIMMAIAH
                   AGED ABOUT 74 YEARS
                   R/AT NO. 368, 11TH CROSS
                   2ND BLOCK, R.T.NAGAR
                   BANGALORE - 560 032.
                                                                 ...APPELLANT
                   (BY SRI. R P SOMASHEKHARAIAH .,ADVOCATE)

                   AND:
Digitally signed
by HEMALATHA       1.    SRI L K BHIMA RAO
A
Location: High           S/O LATE KEROJI RAO
Court of                 AGED ABOUT 45 YEARS
Karnataka
                         NO.140, 2ND CROSS
                         15TH MAIN, KURUBARAHALLI
                         J.C.NAGAR, BANGALORE - 560 086.


                   2.    SMT. A REDDY CHANDRAKALA
                         D/O M.N. REDDY ASHWATH
                         AGED ABOUT 27 YEARS
                         RESIDNG AT NO.217/2018
                         6TH MAIN ROAD
                         ANNAPOORNESHWARI LAYOUT
                             -2-
                                        NC: 2024:KHC:7605
                                      RFA No. 707 of 2018
                                  C/W RFA No. 708 of 2018



     ULLAL MAIN ROAD
     BENGALURU-560 056.

                                          ...RESPONDENTS

(BY SRI. V.N. VASUDEV RAO SINDHYA, ADVOCATE FOR R1:
    SRI. G. GURUPRASANNA, ADVOCATE FOR R2)


     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.02.2018
PASSED IN O.S.NO.7346/2006 ON THE FILE OF THE XXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
CITY, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.


IN RFA 708/2018

BETWEEN:

SRI H C PUTTE GOWDA
S/O LATE CHIKKA THIMMAIAH
AGED ABOUT 74 YEARS
R/AT NO. 368, 11TH CROSS
2ND BLOCK, R.T.NAGAR
BANGALORE - 560 032.
                                              ...APPELLANT
(BY SRI. R P SOMASHEKHARAIAH .,ADVOCATE)

AND:

1.   SRI L K BHIMA RAO
     S/O LATE KEROJI RAO
     AGED ABOUT 44 YEARS
     NO.140, 2ND CROSS
     16TH MAIN, KURUBARAHALLI
     J.C.NAGAR, BANGALORE - 560 086.

2.   H MALLAIAH
     S/O HANUMAIAH
                             -3-
                                         NC: 2024:KHC:7605
                                      RFA No. 707 of 2018
                                  C/W RFA No. 708 of 2018



     AGED ABOUT 82 YEARS
     R/AT NO.110, 1ST MAIN ROAD
     VALMIKINAGAR, MYSORE ROAD
     BANGALORE-560 026.

3.   SMT. GURUSHANTAMMA
     W/O LATE H GANGAPPA
     AGED AOUT 57 YEARS
     PILLAGUMPA GRAMA VILLAGE
     NANDAGUDI HOBLI, HOSKOTE TQ
     BANGALORE RURAL DISTRICT.

4.   SMT. RADAMMA
     W/O LATE H LINGAPPA
     AGED ABOUT 67 YEARS
     R/AT NO.10, 1ST MAIN ROAD
     VALMIKINAGAR, MYSORE ROAD
     BANGALORE-560 026.

5.   SMT. A REDDY CHANDRAKALA
     D/O M.N. REDDY ASHWATH
     AGED ABOUT 27 YEARS
     RESIDNG AT NO.217/2018
     6TH MAIN ROAD
     ANNAPOORNESHWARI LAYOUT
     ULLAL MAIN ROAD
     BENGALURU-560 056.

                                           ...RESPONDENTS

(BY SRI. V.N. VASUDEV RAO SINDHYA, ADVOCATE FOR R1:
    NOTICE TO R2 TO R4 ARE D/W V/O DATED: 22.05.2018
    SRI. G GURUPRASANNA, ADVOCATE FOR R5)


        THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.02.2018
PASSED IN O.S.NO.8765/2006 ON THE FILE OF THE XXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
CITY,    DECREEING   THE   SUIT   FOR   DECLARATION   AND
INJUNCTION.
                            -4-
                                        NC: 2024:KHC:7605
                                     RFA No. 707 of 2018
                                 C/W RFA No. 708 of 2018



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

                      JUDGMENT

1. RFA No.707/2018 under Section 96 of CPC is filed

by the plaintiff-Sri H.C.Putte Gowda challenging the

judgment and decree dated 21.02.2018 passed by the

XXIV Additional City Civil & Sessions Judge, Bengaluru

City (CCH-6) in O.S.No.7346/2006, whereby the suit

filed by the plaintiff for declaration and injunction has

been decreed.

2. RFA No.708/2018 under Section 96 of CPC is filed

by the plaintiff-Sri H.C.Putte Gowda challenging the

judgment and decree dated 21.02.2018 passed by the

XXIV Additional City Civil & Sessions Judge, Bengaluru

City (CCH-6) in O.S.No.8765/2006, whereby the suit

filed by the plaintiff for declaration and injunction has

been dismissed.

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3. Since both the appeals are interconnected and

parties are same, they are taken up together and

disposed of finally.

4. For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court.

5. During the pendency of these appeals, both the

parties have compromised the matters. The learned

counsel appearing for the parties have filed a

compromise petition dated 23.02.2024 under Order

XXIII Rule 3 read with Section 151 of the CPC. The

contents of the compromise petition is extracted

hereinbelow:

"COMPROMSE PETITION/APPLICATION UNDER ORDER 23 RULE 3 R/W SECTION 15 OF THE CODE OF THE CIVIL PROCEDURE.

That the appellant and Respondent No.1 in both the appeals submits as follows:

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1. That the appellant herein, has purchased site bearing No.50 and 51, formed out of Sy.No.107/1A1, situated at Mallathahalli Village, Yashwanthapura Hobli, Bengaluru North Taluk, under registered sale deed dated: 30/9/1991, from Kishore Babu who is the GPA holder of Gangappa.

2. That the respondent No.1 after many years have purchased the site No.51, from defendant No.2 to 4 under registered sale deed dated: 19/3/2005.

3. That since the Respondent No.1 tried to interfere with the peaceful possession and enjoyment of the suit schedule property on the basis of the sale deed, the appellant herein has filed suit for declaration and injunction in O.S.8765/2006.

Similarly, the Respondent No.1 also filed suit for injunction against the appellant herein.

4. That the suit filed by the appellant herein came to be dismissed and decreed the suit against the Respondent No.1 dated: 21/2/2018. The appellant being aggrieved by the said judgment and decree filed appeal RFA No.707/2018, against the judgment and decree made in O.S.No.7346/2006, and RFA 708/2018, against the judgment and decree made in O.S.No.8765/2006.

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5. That during the pendency of the appeal, both appellant and respondent No.1, settled the dispute amicably and both of them, sold the schedule properties, i.e., Site No.50 and 51, in favour of A.Reddy Chandrakala, D/o M.N.Reddy Ashwath, for a valuable consideration of Rs.49,00,000/-(Rupees Forty Nine Lakhs only).

6. That the Respondent No.1 has signed the said sale deed, as a consenting witness, to the sale deed dated: 19.01.2024, executed in favour of impleading applicant, Smt.A.Reddy Chandrakala.

7. Therefore, the respondent No.1 has no objection to allow both the appeals, and to set aside the sale deeds dated: 19/3/2005, executed by defendant No.2 to 4 in favour of Respondent No.1, and to dismiss the suit filed by him, O.S.No.7346/2006.

8. That in view of the above said circumstances, at the intervention of well-wishers and family friends, matter is settled. Further the respondent No.1 has received a amount consideration of Rs.27,00,000/- (Rupees Twenty Seven Lakhs only).

9. That the respondent No.1 submits that he has no claim of whatsoever in respect of site No.51,

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which is sold in favour of impleading applicant, under registered sale deed dated: 19/1/2024.

10. Hence, the appellant and respondent No.1 prays this Hon'ble Court to decree the suit in terms of the compromise petition and to allow the appeals accordingly.

WHEREFORE, for the reasons stated above, it is most respectfully prayed to allow the appeal, by setting aside the judgment and decree, dated:

21/2/2018 made in O.S.No.8765/2006 and judgment and decree dated: 21/2/2018 made in O.S.7346/2006, on the file of the XXIV Addl. City Civil and Sessions Judge, Bengaluru City (CCH-6), in the interest of justice and equity.

We the Appellant and the respondents in the above two appeals state that, what is stated above are true to the best of their knowledge and we know the facts of the case, hence swearing to this compromise petition."

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.

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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: