Karnataka High Court
Y V Gundu Rao vs A V Srinivasamurthy on 29 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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RSA No. 2777 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL NO. 2777 OF 2006 (PAR)
BETWEEN:
Y.V.GUNDU RAO
S/O LATE VENKATESHAIAH
EX-VILLAGE ACCOUNTANT
AND AGRICULTURIST
AGED ABOUT 76 YEARS
R/AT AJJAMPURA TOWN
TARIKERE TALUK 577 228
CHIKAMAGALUR DISTRICT
SINCE DEAD REP.BY HIS LR'S
1 (a) NAGARATHNAMMA Y.G
W/O LATE Y.V.GUNDURAO
AGED ABOUT 80 YEARS
R/AT NO.76/2, APPAJI RAO
COMPOUND, KOTE ROAD
SHIMOGGA
1 (b) Y.G. RADMA
D/O LATE Y.V.GUNDURAO
Digitally signed
by W/O LATE K.V.DIVAKAR
GAVRIBIDANUR AGED ABOUT 58 YEARS
SUBRAMANYA
GUPTA R/AT C/O RAGHUNANDAN D
SREENATH
FLAT NO.C1, ROYAL ORCHID APARTMENT
Location: HIGH
COURT OF SAMAYAPURAM 2ND STREET
KARNATAKA PORUR
CHENNAI - 600 116
1(c) USHA SRINIVAS MURTHY Y.G
D/O LATE Y.V.GUNDU RAO
W/O SRINIVAS MURTHY H.S
AGED ABOUT 55 YEARS
R/AT CHIEF BURNER
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RSA No. 2777 of 2006
BAGALKOT CEMENT NO.C-2
OFFICERS COLONY
BAGALKOT - 587 102
[ 1(d) KAVERI H.V
D/O.LATE Y.V.GUNDURAO
W/O LATE VISHWANATH S.P
AGED ABOUT 53 YEARS
R/AT NO.76/2, APPAJI RAO COMPOUND
KOTE ROAD
SHIMOGGA - 577 201
SINCE DEAD REP.BY HER
LRS. APPELLANT NO.1 (d) A & APPELLANT
NO.1(d) B
1(d)A SRI NITHIN S.V
S/O.LATE VISHWANATH
AGED ABOUT 29 YEARS
R/AT NO.76/2, APPAJJI RAO COMPOUND
SHIVAMOGGA - 572 201
1(d)B SRI NIKHIL S.V
S/O.LATE VISHWANATH
AGED ABOUT 28 YEARS
R/AT NO.76/2, APPAJI RAO COMPOUND
SHIVAMOGGA - 572 201
1 (e) SAVITHRI Y.G
[
D/O.LATE Y.V.GUNDU RAO
W/O.LATE K.R.CHANDRASHEKAR
AGED ABOUT 48 YEARS
R/AT KEMPUSAGARA
KONDAVAGILU POST
ARASIKERE - 573 103
1 (f) VEENA Y.G
D/O.LATE Y.V.GUNDURAO
W/O. VASUDEV
AGED ABOUT 43 YEARS
R/AT LAND LORD
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RSA No. 2777 of 2006
YAGATI - 577 140
KADUR TALUK
...APPELLANTS
(BY SRIYUTHS K.P.YASHODA, MADHUKAR DESHPANDE &
DEVARAJ., ADVOCATES FOR LRSs. OF APPELLANT)
AND:
1. A V SRINIVASAMURTHY
S/O VENKATESHAIAH
AGRICULTURIST & DRUGGIST
AGED ABOUT 70 YEARS
R/AT FORT, AJJAMPURA TOWN
TARIKERE TALUK 577 228
SINCE DEAD REP BY HIS LR'S
1(a) SMT.SUNANDA
W/O.LATE SRINIVASAMURTHY
MAJOR
R/AT BHUPALUM LAYOUT
NEAR BHAGEERATHA EXTENSION
HOLALKERE ROAD
HOSADURGA POST
CHITRADURGA - 577 527
REP.BY HER GPA HOLDER
SMT.S.CHETHANA
1(b) A.S. RABNJANA
D/O LATE SRINIVASAMURTHY
MAJOR BY AGE
R/AT BHUPALUM LAYOUT
NEAR BHAGEERATHA EXTENSION
HOLALKERE ROAD, HOSADURGA POST
CHITRADURGA-577527.
1© S.CHETHANA
W/O.LATE SRIKANTH RAO
D/O.LATE SRINIVASAMURTHY
MAJOR
R/AT BHUPALUM LAYOUT
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RSA No. 2777 of 2006
NEAR BHAGEERATHA EXTENSION
HOLALKERE ROAD
HOSADURGA POST
CHITRADURGA - 577 527
2. Y V RAMANNA
S/O LATE VENKATESHAIAH
AGED ABOUT 80 YEARS
R/AT NO 1498, 8TH MAIN
A BLOCK RAJAINAGAR II STAGE
BENGALURU - 10
SINCE DEAD & REP BY HIS LR'S
[[
2(a) NAGARATHNAMMA
W/O.LATE RAMANNA
MAJOR
R/AT NO.1498, 8TH MAIN
'A' BLOCK
RAJAJINAGAR II STAGE
BENGALURU - 10
SINCE DEAD, HER LRs. ARE RESPONDENT
NOS.2(b) & 2 (c)
2(b) GEETA KMARSWAMY
D/O.LATE RAMANNA
MAJOR
R/AT NO.1498, 8TH MAIN
'A' BLOCK
RAJAJINAGAR II STAGE
BENGALURU - 10
2 (c) R.SHANTHA
D/O.LATE RAMANNA
MAJOR
R/AT NO.1498, 8TH MAIN
'A' BLOCK
RAJAJINAGAR II STAGE
BENGALURU - 10
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RSA No. 2777 of 2006
3. Y.V.K MURTHY @ KRISHNAMURTHY
S/O LATE VENKATESHAIAH
AGED ABOUT 67 YEARS
R/AT INDAYANI
I FLOOR
PATRIKKANAGAR
SENAPATHI BAPAT ROAD
POONA 411 001
MAHARASHTRA STATE
4. A.CHANDRASHEKARAIAH
S/O VENKATARAMAIAH
AGED ABOUT 83 YEARS
R/.AT NO 537, 3RD CROSS
R.T. NAGAR
BENGALURU - 22
5. K.N.ANNAPURANA
W/O.LATE NAGAPPA
AGED ABOUT 84 YEARS
C/O.K.N.SHIVAKUMAR
NO.301, BRAHMANARA BEEDI KOTE
KANAKAPURA - 562 117
RAMANAGARA DISTRICT
6. VASANTHI KRISHNASWAMY
W/O.C.R.KRISHNASWAMY
MAJOR
NO.47, 2ND CROSS
ANJANADRI LAYOUT
KONANAKUNTE
BENGALURU - 560 062
7. VIJAYA PRASAD
W/O.K.S.RAMAPRASAD
MAJOR
NO.104, MAIN ROAD
GANDHI BAZAR
BASAVANAGUDI
BENGALURU - 560 004
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RSA No. 2777 of 2006
8. MURALIDHARA
MAJOR
LAKSHMI ARCADE 2225
26TH MAIN, 39TH 'F' CROSS
4TH 'T' BLOCK
JAYANAGARA
BENGALURU - 560 041
9. MANJUNATH A.R
C/O.MURALIDHARA
MAJOR
LAKSHMI ARCADE 2225
26TH MAIN, 39TH 'F' CROSS
4TH 'T' BLOCK
JAYANAGARA
BENGALURU - 560 041
...RESPONDENTS
(BY SRI.P.N.HARISH .,ADVOCATE FOR R-1 (a) TO (c);
NOTICE SERVED TO R-4 AND UNREPRESENTED;
SRI SURESH C.S., ADVOCATE FOR R-2 (b), R-2(c),
R-3, R-5 TO R-9)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT.17.07.2006 PASSED IN
R.A.NO.17/1999 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, TARIKERE, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DT.12.03.99
PASSED IN O.S.NO.107/1995 ON THE FILE OF THE CIVIL
JUDGE (JR.DN.) TARIKERE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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RSA No. 2777 of 2006
JUDGMENT
Learned counsel for the appellants as well as learned
counsel for the respondents alongwith the appellants and
respondents are physically present before this Court. All the
parties are identified by their respective counsels.
2. This Regular Second Appeal is preferred by the 1st
defendant being aggrieved by the judgment & decree dated
17th July 2006 passed in R.A. No.17/1999 by the learned
Presiding Officer, Fast Track Court, Tarikere, confirming the
judgment & decree dated 12th March 1999 passed by the Civil
Judge (Jr. Dn.), Tarikere, decreeing the suit in O.S.
No.107/1995.
3. Learned counsel for the parties submit that during the
pendency of this appeal, appellant/defendant No.1 as well as
Respondent Nos.1 and 2 have passed away (died) and their
legal representatives have been brought on record. They
submit that with the intervention of the well wishers and elders,
the parties have amicably settled the matter amongst
themselves in order to maintain peace and harmony and to put
an end to the long drawn litigation. Accordingly, they have
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filed the compromise petition under Order XXIII Rule 3 r/w
Section 151 of Code of Civil Procedure. The compromise
petition is signed by all the parties to the proceedings as well
as their respective counsels. The terms and conditions as
agreed between the parties are at paragraphs 4(i) to (x) of the
compromise petition, which reads as under:
i) Item No.1 to 7 of suit schedule properties
are joint family properties. The parties
mutually agreed that whatever the
land/properties available, the Legal
Representatives of Appellant are entitled for
half share in the said land/properties and all
the Respondents, including legal heirs, are
entitled for remaining half share, except
Respondent No.4 who is not member of the
joint family;
ii) The Parties accept and confirm that Item
No.1 of the suit schedule property measures
2 Acres 13 Guntas. The Legal
Representatives of Appellant are entitled for
half share i.e., 1 Acre 6.08 Guntas and all
the Respondents, including legal heirs are
entitled for half share in the remaining land
i.e., 1 Acre 6.08 Guntas, except the
Respondent No.4;
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iii) The Parties accept and confirm that in Item
No.2 of the suit schedule property i.e.,
Sy.No.189 presently known as Sy.No.189/1,
measuring 27 Guntas only, which is evident
from the grant order dated 21.06.1979
(Exhibit-P1 & D3). However, in the suit the
measurement was wrongly shown as 2
acres 17 Guntas. The Legal Representatives
of Appellant are entitled for half share i.e.,
13.05 Guntas and all the Respondents
including legal heirs are entitled for half
share in the remaining land i.e., 13.05
Guntas of land, the except Respondent
No.4;
iv) The Appellant during his lifetime has sold a
portion the Item No.3 of the suit schedule
property to the third party i.e., Sy No 190
and only 1 Acre 23.08 Guntas of land is
remaining and the said property is presently
known as Sy.No 190/1. The parties agreed
that the Legal Representatives of Appellant
are entitled for half share i.e., 31.12 Guntas
and all the Respondents including legal heirs
are entitled for half share i.e., 31.12 Guntas
of land, except the Respondent No.4;
v) The Appellant, during his lifetime, has sold
entire property in Item No.4 of the suit
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schedule property to the third party i.e., Sy.
No.193. Hence, Appellant agreed that they
have no claim as against Item no.4 of the
suit schedule property;
vi) The Parties accept and confirm that Item
No.5 of the suit schedule property i.e.,
Sy.No.200/2 measures 2 Acres 07 Guntas.
Legal Representatives of Appellant are
entitled for half share i.e., 1 Acre 3.08
Guntas and all the Respondents including
legal heirs are entitled for half share i.e., 1
Acre 3.08 Gutas of land, except the
Respondent No.4;
vii) The Parties accept and confirm that Item
No.6 of the suit schedule property i.e.,
Sy.No.72/p, presently known as
Sy.No.72/1A10 measures 20 Guntas. Legal
Representatives of Appellant are entitled for
half share i.e., 10 Guntas and all the
Respondents including legal heirs are
entitled for half share i.e., 10 Guntas of
land, except the Respondent No.4;
viii) The Parties accept and confirm Item No.7 of
the suit schedule property i.e., Sy.No.89,
measures 2 Acres 23 Guntas. Legal
Representatives of Appellant are entitled for
half share i.e., 1 Acre 11.08 Guntas and all
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the Respondents including legal heirs are
entitled for half share i.e., 1 Acre 11.08
Guntas of land, except the Respondent
No.4;
ix) The parties agreed that in the suit schedule
not mentioned the boundary of the
properties. Hence, the parties are jointly to
take steps to fixing the boundary of the
properties and after fixing the boundary,
the parties are shall execute registered
partition deed as per the terms of clause
No.i to viii stated above.
x) In view of the entering this compromise
petition, the proceedings in F.D.P
No.2/2020 initiated by the Legal
and Respondent No.3 pending before the
Civil Judge and Additional J.M.F.C, Tarikere
has to be withdrawn.
4. To verify the veracity of the compromise petition
executed by the parties, this Court enquired with each and
every party with regard to execution and understanding of the
terms and conditions as stipulated in the compromise petition.
It is agreed that the parties have entered into this compromise
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petition understanding the terms and conditions stipulated
therein in the language known to them and explained to them
by their respective counsels. 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 conditions of the compromise petition and also
confirm that there is no coercion or undue influence in
execution of this compromise petition amongst themselves. The
parties agree to abide by the terms and conditions stipulated in
the compromise petition.
5. It is not in dispute that item Nos.1 to 7 of suit schedule
properties are the subject matter of this appeal. Parties to the
proceedings alongwith their respective counsel agree that the
suit schedule properties are joint family properties and they
have amicably decided to partition/divide the properties among
themselves as per the compromise entered into today and take
their respective shares. It is also agreed that the allotment and
division of the properties shall be subject to the terms and
conditions stipulated in the compromise petition filed today and
in view of the compromise being entered into today, each of
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the parties shall enjoy his/her respective shares without any
interference from the other parties to the proceedings.
6. It is stated that FDP No.2/2020 filed by the
respondents/plaintiffs pursuant to the judgment and decree in
O.S. 107/1995, which is affirmed in R.A. No.17/1999, is
pending before the Civil Judge & Addl. JMFC, Tarikere. The
respondents/plaintiffs agree to withdraw the said FDP
proceedings as the same would not survive for consideration in
view of amicable settlement arrived at between the parties in
the present appeal. However, liberty is reserved liberty to
both parties to initiate FDP proceedings, in case any such issue
arises in future at any point of time. This Court hopes that
such circumstance does not arise.
7. It is also agreed that paragraphs 5,7 and marked
portion of paragraph-8 shall not form part of the decree.
8. Placing the compromise petition on record, in the
interest of all the parties, this appeal requires to be disposed
off in accordance with the terms of the compromise petition.
Accordingly, I pass the following:
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ORDER
i) The Regular Second Appeal is disposed off
in terms of the compromise petition.
ii) The judgment and decree dated 12th March
1999 passed by the trial Court in O.S.
No.107/95 and the judgment & decree dated
17th July 2006 passed by the first appellate
Court in R.A. No.17/1999, are hereby
modified in accordance with the terms and
conditions stipulated in the compromise
petition.
iii) Registry is directed to draw the Decree as per
the terms set out in the compromise petition.
The compromise petition shall form part of
the decree. However, paragraphs 5,7 and
marked portion of paragraph-8 of the
compromise petition shall not form part of the
decree.
iv) In view of disposal of this Regular Second
Appeal, pending interlocutory applications, if
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any would not survive for consideration and
the same pale into insignificance.
Sd/-
JUDGE
GSS
