Karnataka High Court
Smt Padmamma vs Sri N G Venkatesh on 1 March, 2024
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NC: 2024:KHC:8715
RSA No. 508 of 2014
C/W RSA.CROB No. 4 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO.508 OF 2014 (PAR)
C/W
RSA CROSS OBJECTION NO.4 OF 2016
IN RSA No.508 OF 2014
BETWEEN:
SMT PADMAMMA
W/O P NINGAPPA
SINCE DEAD, REPRESENTED BY HER LR'S
1. SRI N SOMANNA
S/O LATE P NINGAPPA
AGED ABOUT 50 YEARS
Digitally
signed by R 2. SMT N RADHA
DEEPA D/O LATE P NINGAPPA
AGED ABOUT 45 YEARS
Location:
HIGH COURT
OF BOTH ARE R/A
KARNATAKA NAGUVINAHALLI VILLAGE
KASABA HOBLI,
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438
...APPELLANTS
(BY SRI. MANOHAR V., ADVOCATE FOR
SRI. NAGARAJA S., ADVOCATE)
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RSA No. 508 of 2014
C/W RSA.CROB No. 4 of 2016
AND:
1. SRI N G VENKATESH
S/O LATE GOOSEGOWDA @ GOOSAPPA
AGED ABOUT 62 YEARS
2. SMT SUMITHRAMMA
W/O LATE N G NARAYANA
AGED ABOUT 44 YEARS
3. SMT GANA
D/O LATE N G NARAYANA
AGED ABOUT 26 YEARS
4. SMT GARISHMA
D/O LATE N G NARAYANA
AGED ABOUT 24 YEARS
5. SRI N G KUMARASWAMY
S/O LATE GOOSEGOWDA @ GOOSAPPA
AGED ABOUT 56 YEARS
6. SMT LALITHA
D/O LATE GOOSEGOWDA @ GOOSAPPA
AGED ABOUT 53 YEARS
7. SRI N G RAMACHANDRA
S/O LATE GOOSEGOWDA @ GOOSAPPA
AGED ABOUT 50 YEARS
ALL THE RESPONDENT Nos.1 TO 7 ARE
R/A NAGUVINAHALLI VILLAGE
KASABA HOBLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438
...RESPONDENTS
(BY SRI. SRINIVASA D C, ADVOCATE FOR R1 TO R7)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 27.8.2013 PASSED IN
R.A.NO.174/2012 ON THE FILE OF THE I ADDL. DISTRICT
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RSA No. 508 of 2014
C/W RSA.CROB No. 4 of 2016
JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DTD 13.1.2012
PASSED IN OS.NO.776/2006 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES, MYSORE.
IN RSA CROB.4 OF 2016
BETWEEN:
1 . SRI N G VENKATESH
S/O LATE GOOSEGOWDA @ GOSAPPA
AGED ABOUT 64 YEARS
2 . SMT SUMITHRAMMA
W/O LATE N G NARAYANA
AGED ABOUT 46 YEARS
3 . SMT GANA
D/O LATE N G NARAYANA
AGED ABOUT 28 YEARS
4 . SMT GARISHMA
D/O LATE N G NARAYANA
AGED ABOUT 26 YEARS
5 . SRI N G KUMARASWAMY
S/O LATE GOOSEGOWDA @ GOSAPPA
AGED ABOUT 58 YEARS
6 . SMT LALITHA
D/O LATE GOOSEGOWDA @ GOSAPPA
AGED ABOUT 55 YEARS
7 . SRI N G RAMACHANDRA
S/O LATE GOOSEGOWDA @ GOSAPPA
AGED ABOUT 52 YEARS
ALL ARE R/A
NAGUVANAHALLI VILLAGE
KASABA HOBLI
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RSA No. 508 of 2014
C/W RSA.CROB No. 4 of 2016
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438
...CROSS OBJECTORS
(BY SRI. SRINIVASA D C, ADVOCATE
AND:
SMT PADMAMMA
W/O P NINGAPPA
SINCE DEAD BY HER LRS
1. SRI N SOMANNA
S/O LATE P NINGAPPA
AGED ABOUT 52 YEARS
2. SMT N RADHA
D/O LATE P NINGAPPA
AGED ABOUT 47 YEARS
BOTH ARE R/A NAGUVINAHALLI VILLAGE
KASABA HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571438
....RESPONDENTS
(BY SRI. MANOHAR V., ADVOCATE FOR
SRI. NAGARAJ S., ADVOCATE)
THIS RSA CROB IS FILED UNDER ORDER XLI RULE 22 OF
THE CPC AGAINST THE JUDGMENT DECREE DTD 27.08.2013
PASSED IN R.A.NO.174/2012 ON THE FILE OF THE I
ADDITIONAL DISTRICT JUDGE, MYSORE, PARTLY ALLOWING
THE APPEAL AND DISMISSING THE JUDGEMENT AND DECREE
DTD 13.01.2012 PASSED IN OS NO.776/2006 ON THE
PRINCIPAL JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE,
MYSORE.
THESE RSA AND RSA CROB, COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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RSA No. 508 of 2014
C/W RSA.CROB No. 4 of 2016
JUDGMENT
The appellant and GPA holder of respondents No.1 to
6 are present before this Court. They have filed
memorandum of compromise petition. The terms of the
compromise petition reads as under:
"The above named legal heirs of the deceased appellant
and the respondents/defendants respectfully submit as follows:
1. The deceased appellant/plaintiff Smt. Padmamma filed a suit
in 0.S. No.776/2006 on the file the Hon'ble Senior Civil Judge
at Mysuru, against the respondents/defendants for partition
and separate possession claiming 1/6th share in respect of 8
items of the suit schedule properties. The respondents/
defendants have contested the said case on merits. The Hon'ble
Trial Court has passed Judgment and Decree dated: 13-01-
2012 allotting 1/6th share to the deceased appellant/plaintiff in
item No.1, 2 and 6 in respect of the suit schedule properties
and the suit in respect of item No.3, 4, 5 and in Sy. No.326 to
an extent of 0-19 Guntas in item No.2 was rejected.
2. The respondents/defendants have filed an appeal in R.A.
No.174/2012 and the deceased appellant/plaintiff Smt.
Pedmamma has filed an appeal in R.A.No.253/2012 on the file
the Hon'ble I Addl. District Judge at Mysuru, challenging the
judgment and decree of the trial Court. The Hon'ble First
Appellate Court in its judgment and decree dated 27.08.2013
was pleased to allow the appeal in R.A. No.174/2012 in part
modifying the Judgment and Decree of the Trial Court allotting
1/30th share to the deceased appellant/plaintiff in item No.1, 2
and 6 of the suit schedule properties. The R.A. No.253/2012
filed by the deceased appellant Padmamma came to be
dismissed.
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3. The deceased appellant/plaintiff Smt. Padmamma has filed
an appeal in R.S.A. No.508/2014 before this Hon'ble Court,
challenging the Judgment and Decree of the Trial Court as well
as the I Appellate Court. The respondents/defendants have filed
an appeal in R.S.A. CROB. No.4/2016 before this Hon'ble Court
challenging the Judgment and Decree of the Trial Court as well
as the I Appellate Court. Both these appeals are connected and
pending for disposal before this Hon'ble Court. Meantime, the
appellant/plaintiff Smt. Padmamma expired and her son and
daughter have been brought on record of this appeal as the
legal heirs to prosecute the above cases.
4. The at this juncture at the intervention of the elders, well-
wishers and common friends of both the legal heirs of the
deceased plaintiff/appellant and the defendants/respondents
have mutually agreed to settle the above said cases between
them amicably as per the following terms and conditions:
A. The relationship between the parties is admitted and it is
also admitted by the parties that the legal heirs of the deceased
appellant and respondents have got rights over the suit
schedule properties.
B. The respondents/defendants have agreed to pay a sum of
Rs,40,00,000/- (Rupees Forty Lakh Only) to the legal heirs of
the deceased appellant/plaintiff towards their share in the joint
family ancestral properties instead of partition and separate
share to them in the suit schedule properties.
C. The legal heirs of the deceased appellant/plaintiff have
agreed to receive a sum of Rs.40,00,000/- towards their share
instead of their share in the joint family ancestral properties.
D. The payment of Rs.40,00,000/- (Rupees Forty Lakh Only) is
made to the legal heirs of the deceased appellant/plaintiff in
the following manner:
i) The Respondents have paid a sum of Rs.5,00,000/-
(Rupees Five Lakh Only) to the legal heirs of the
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deceased appellant/plaintiff through 1) Cheque bearing
No.087492, dated: 02-01-2024, for Rs.2,00,000/-
(Rupees Two Lakh Only), in favour of Somanna N., drawn
on State Bank of India, Nagoonahalli Branch,
Srirangapatna Taluk, and 2) Cheque bearing No.087491,
dated 02-01-2024, for Rs.3,00,000/- (Rupees Three Lakh
Only), in favour of Somanna N., drawn on State Bank of
India, Nagoonahalli Branch, Srirangapatna Taluk. The
legal heirs of the deceased appellant/plaintiff have
acknowledged the due receipt of Rs.5,00,000/- (Rupees
Five Lakh Only) from the respondents/defendants in the
aforesaid manner.
ii) The remaining balance amount of Rs.35,00,000/- (Rupees
Thirty Five Lakh Only) is agreed to be paid through
cheques as mentioned below:
a) Cheque bearing No.087493, dated: 15-11-2024, for a sum
of Rs.10,00,000/- (Rupees Ten Lakh Only), in favour of
Somanna N., drawn on State Bank of India, Nagoonahalli
Branch, Srirangapatna Taluk.
b) Cheque bearing No.087494, dated 15.11.2024, for a sum
of Rs.10,00,000/- (Rupees Ten lakh only), in favour of
Somanna N., drawn on State Bank of India, Nagoonahalli
Branch, Srirangapatna Taluk.
c) Cheque bearing No.087495, dated: 15-11-2024, for a sum
of Rs.15,00,000/- (Rupees Fifteen Lakh Only), in favour
of Somanna N., drawn on State Bank of India,
Nagoonahalli Branch, Srirangapatna Taluk.
E. The legal heirs of the deceased appellant/plaintiff have
relinquished all their right, title and interest in respect of their
joint family ancestral properties (the suit schedule properties)
under this compromise petition and henceforth they have got
no manner of right, title and interest over the suit schedule
properties and they have got no objection for the
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respondents/defendants to hold and enjoy the suit schedule
properties as absolute owners as they wish.
F. Both parties herein have entered into a Tripartite Agreement
dated: 02-01-2024 with one Sri. B. Madhusudana for financial
adjustments. The same is binding on both parties and both
parties shall abide by the terms and conditions set forth therein
strictly.
G. The respondent No.6/defendant No.4 by name Smt. Lalitha,
D/o. Late. Goosegowda, has agreed to receive a sum of
Rs.30,00,000/- (Rupees Thirty Lakh Only) towards her share in
the joint family ancestral properties instead of partition and
separate share in respect of the suit schedule properties.
H. The other respondents/defendants have agreed to pay a
sum of Rs.30,00,000/- (Rupees Thirty Lakh Only) respondent
No.6/defendant No.4 Smt. Lalitha, D/o. Late. Goosegowda,
towards her share in the joint family ancestral properties
instead of partition and her separate share in the suit schedule
properties.
I. The respondent No,.6/defendant No.4n smt. G. Lalitha has
1) received a sum of Rs.5,00,000(Rupees Five Lakh only) in
cash from the other respondents/defendants viz., Sri. N.G.
Venkatesh, Smt. Sumithramma, Sri. N.G. Kumaraswamy and
Sri. N.G. Ramachandra, 2) also received another sum of
Rs.3,00,000/- (Rupees Three Lakh Only) through RTGS and
further 3) received another sum of Rs.2,00,000/- (Rupees Two
Lakh Only) through cheque bearing No.997958, dated
25-01-2024, drawn on State Bank of India, Nagoonahalli
Branch, Srirangapatna Taluk. In total The respondent
No.6/defendant No.4 Smt. Lalitha has received has received a
sum of Rs.10,00,000/- (Rupees Ten Lakh Only).
J. The reaming balance amount of Rs.20,00,000/- (Rupees
Twenty Lakh Only) is paid to the respondent No.6/defendant
No.4 through cheque bearing No.010860, dated: 05-03-2024,
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in favour of Smt. Lalitha, drawn on State Bank of India,
Nagoonahalli Branch, Srirangapatna Taluk.
K. The respondent No.6/defendant No.4 has relinquished all
her right, title and interest in respect of her joint family
ancestral properties (the suit schedule properties) under this
compromise petition and henceforth she has got no manner of
right, title and interest over the suit schedule properties and
she has got no objection for the other respondents/defendants
to hold and enjoy the suit schedule properties as absolute
owners as they wish.
L. It is submitted that, there will be no claim whatsoever in
future by the legal heirs of the deceased appellant and the
respondent No.6/clfendant No.4, in respect of the joint family
ancestral properties and all their right, title, interest and claim
over the suit schedule properties have been settled under this
compromise deed.
M. The Item No.1 of the suit schedule property is allotted to
the share of Smt. Sumithramma, W/o Late N.G. Narayana,
i.e., respondent No.2/defendant No.2 a) towards her separate
exclusive share in the joint family ancestral properties. The
other parties have agreed for the same and relinquished their
right title and interest in respect of the item No.1 of the suit
schedule property in favour of Smt. Sumithramma, W/o. Late.
N.G. Narayana, i.e., respondent No.2/defendant No.2 a).
N. The item No.2 of the suit schedule property is jointly allotted
to the share of Smt. Sumithramma, W/o. Late. N.G. Narayana,
i.e., respondent No.2/defendant No.2 a), Sri. N.G. Kumara
Swamy, respondent No.5/defendant No.3, and Sri. N.G.
Ramachandra, i.e., respondent No.7/defendant No.5, towards
their separate exclusive share in the joint family ancestral
properties. The other parties have agreed for the same and
relinquished their right title and interest in respect of the item
No.1 of the suit schedule property in favour of Smt.
Sumithramrna, W/o Late. N.G. Narayana, i.e., respondent
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No.2/defendant No.2 a), Sri. N.G. Kumara Swamy i.e.,
respondent No.5/defendant No.3, and Sri. N.G. Ramachandra
i.e., respondent No.7/defendant No.5.
0. The item No.6 of the suit schedule property is allotted to
the share of Sri. N.G. Venkatesh i.e., respondent
No.1/defendant No.1 towards his separate exclusive share in
the joint family ancestral properties. The other parties have
agreed for the same and relinquished their right title and
interest in respect of the item No.6 of the suit schedule
property in favour of Sri. N.G. Venkatesh i.e., respondent
No.1/defendant No.1.
P. The item No.3 of the suit schedule property is dwelling
house belongs to the respondent No.7/defendant No.5 Sri.
N.G.Ramachandra and he is the absolute owners of the same.
Item No.3 is his separate exclusive property and he has got
exclusive right, title and interest over the same. The other
parties have no right, title and interest over the same.
Q. The item No.4 of the suit schedule property is dwelling
house belongs to Late. N.G. Narayana he was the absolute
owners of the same. Presently the legal heirs of Late. N.G.
Narayana i.e., the respondent No.2, 3 & 4/defendant No.2
a) to 2 c) are the absolute owners of the same. Item No.4 is
separate exclusive property of Late. N.G. Narayana and his
legal heirs have got exclusive right, title and interest over the
same. The other parties have no right, title and interest over
the same.
R. The item No.5 of the suit schedule property is dwelling
house belongs to the respondent No.5/defendant No.3 Sri. N.G.
Kumaraswarny and he is the absolute owners of the same.
Item No.5 is his separate exclusive property and he has got
exclusive right, title and interest over the same. The other
parties have no right, title and interest over the same.
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S. The parties are all agreed to the above said terms and
conditions and all the joint family ancestral properties are
divided among them and there is no claim of any party
whatsoever in future in any manner.
T. If the cheques are dishonored this compromise cancelled
automatically.
5. The parties have agreed to withdraw all the allegations
made against each other in their respective pleadings and
evidence.
6. The parties to the above said cases have voluntarily with
their free will and consent entered in to this compromise. The
terms of this compromise petition is lawful, enforceable and
protected the interest of both the parties and the same is
irrevocable and binding on them.
PRAYER
Wherefore, the legal heirs of the deceased appellant/plaintiff
and the respondents/defendants most respectfully pray that,
this Hon'ble court may kindly be pleased to pass Decree in
accordance with the above terms and conditions agreed
mutually by the parties in the compromise petition, in the
interest of justice and equity.
SCHEDULE PROPERTIES
ITEM No.1 :
(Allotted to the share of Smt. Sumithramma W/o Late N.G.
Narayana i.e., respondent No.2/defendant No.2 a)
All that piece and parcel of agricultural land bearing
Survey No.168/1, measuring 1 Acre 06 Guntas and Survey
No.162/1 measuring 0-36 Guntas, in total 2 Acres 02 Gunats,
situated at Kalasthavadi Village, Kasaba Hobli, Mysuru Taluk,
bounded on:
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East by : Girija Nala,
West by : Property belongs N.P. Nandakumar,
North by : Property belongs to N.P. Krishanappa and
Nagesh,
South by : Property belongs to V. Venkatappa.
ITEM No.2:
(Allotted to the joint share of Smt. Sumithramma W/o Late
N.G. Narayana i.e., respondent No.2/defendant No.2 a) Sri.
N.G. Kumara Swamy i.e., respondent No.5/defendant No.3,
and Sri. N.G. Ramachandra i.e., respondent No.7/defendant
No.5)
All that piece and parcel of agricultural land bearing
Survey No.320/2, measuring 1 Acre 02 Guntas and Survey
No.326/2, measuring 1 Acre 16 Gunats and Survey No.327/1,
measuring 0-23 Guntas, in total 3 Acre 01 Gunats, situated at
Belavadi Village, Kasaba Hobli, Slirangapatna Taluk, bounded
on:
East by : Belavadi village Road,
West by : Road
North by : Property belongs to Chandrashekar
South by : Property belongs to Sudhir Prabhakar
ITEM No.6:
(Allotted to the joint share of Sri. N.G. Venkatesh i.e.,
respondent No.1/defendant No.1)
All that piece and parcel of Survey No.424/4, measuring
0-08 Guntas and Survey No.425/4A, measuring 0-16 Guntas, in
total 0-24 Guntas, situated at Belavadi Village, Kasaba Hobli,
Srirangapatna Taluk, bounded on:
East by : Devaraya Nala and property belongs to
Ravindra
West by : Gaadi Road and padris property
North by : Property belongs to N.B. Ravindra
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South by : Property belongs to N.P. Krishnappa
2. The contents of the compromise petition is read
over to them in the language known to them. They have
understood and accepted the terms and conditions of the
compromise petition. The parties are identified by their
respective counsel.
3. The compromise petition is placed on record.
4. Accordingly, the appeal and cross-objections are
disposed of in terms of the compromise. Draw decree in
terms of the compromise.
5. In view of disposal of the appeal and cross-
objections, pending I.As., if any, do not survive for
consideration and are accordingly disposed of.
Sd/-
JUDGE
RD
