Karnataka High Court

Smt Manjula vs Sri C V Praveen on 6 March, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

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                                                       RFA No. 595 of 2022



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF MARCH, 2024

                                            PRESENT

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                                              AND

                            THE HON'BLE MR JUSTICE C.M. POONACHA

                         REGULAR FIRST APPEAL NO. 595 OF 2022 (PAR)

                   BETWEEN:

                   1.    SMT. MANJULA,
                         AGED 59 YEARS,
                         D/O LATE DR C B VENUGOPAL,.
                         R/AT NO.66, OLD NO.24,
                         R V ROAD, BASAVANAGUDI,
                         BANGALORE-04.

                   2.    MS. GEETHA
                         AGED 55 YEARS,
                         D/O LATE DR C B VENUGOPAL,
                         R/AT NO.66, OLD NO.24,
Digitally signed
                         R V ROAD, BASAVANAGUDI,
by SHARADA               BANGALORE-04.
VANI B
Location: HIGH     3.    MS. SHAILAJA
COURT OF                 AGED 54 YEARS,
KARNATAKA                D/O LATE DR C B VENUGOPAL,
                         R/AT NO.66, OLD NO.24,
                         R V ROAD, BASAVANAGUDI,
                         BANGALORE-04.

                   4.    MS. CHAYA
                         AGED 50 YEARS,
                         D/O LATE DR C B VENUGOPAL,
                         R/AT NO.66, OLD NO.24,
                         R V ROAD, BASAVANAGUDI,
                         BANGALORE-04.
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                                      RFA No. 595 of 2022



5.   SRI. C V RAGHAVA,
     AGED 49 YEARS,
     S/O LATE DR C B VENUGOPAL,
     R/AT NO.66, OLD NO.24,
     R V ROAD, BASAVANAGUDI,
     BANGALORE-04.

6.   SMT. BHARATHI,
     AGED ABOUT 57 YEARS,
     D/O LATE C B VENUGOPAL.
     R/AT NO.107, MIG 7TH CROSS,
     2ND STAGE, K H B COLONY,
     BASAVESHWARANAGAR,
     BANGALORE-560 079.

     (THE DEFENDANT NO.1 IN THE SUIT I.E.,
     SMT KAMALAMMA DIED ON 17.04.2021 AND
     LEGAL HEIRS ARE ALREADY ON RECORD AS
     DEFENDANTS NO.2 TO 7, THEREFORE SHE IS NOT
     MADE AS PARTY IN THE PRESENT APPEAL.)

                                            ...APPELLANTS
(BY SRI. SOMNATH H S.,ADVOCATE)

AND:

1.   SRI. C V PRAVEEN,
     AGED 54 YEARS,
     S/O LATE C B VISHWANATH,
     R.AT NO.11-9-85, ROAD NO.2-B,
     LAKSHMINAGAR COLONY,
     KOTHAPET, SAROORNAGAR,
     RANGAREDDY, TELANGANA-500 035.

2.   SMT. M MALATHI
     AGED 52 YEARS,
     D/O LATE C B VISHWANATH,
     R/AT NO.11-9-85, ROAD NO.2-B,
     LAKSHMINAGAR COLONY,
     KOTHAPET, SAROORNAGAR,
     RANGAREDDY, TELANGANA-500 035.
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                                      RFA No. 595 of 2022



    (THE ORIGINAL PLAINTIFF IN THE SUIT I.E.,
    SRI. C B VISHWANATH DIED ON 23.04.2017 AND
    HIS LEGAL HEIRS ARE ALREADY ON RECORD AS
    PALINTIFFS NO.1 & 2, THEREFORE HE IS NOT MADE
    AS PARTY IN THE PRESENT APPEAL.)
                                           ...RESPONDENTS
(BY SMT. RASHMI SAGAR R., ADVOCATE FOR
     SRI. RAGHU PRASAD B S.,ADVOCATE FOR R1 & R2)

     THIS RFA FILED UNDER ORDER 47 RULE 1 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 17.01.2022
PASSED IN OS.NO.6211/2012 ON THE FILE OF THE XLII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DECREEING THE SUIT FOR PARTITION.

    THIS RFA COMING ON FOR ORDERS             THIS     DAY,
POONACHA. J., DELIVERED THE FOLLOWING:

                     JUDGEMENT

The learned counsel for the Appellants and the

learned counsel for the Respondents have filed the

Compromise Petition under Order XXIII Rule 3 of CPC,

1908 which reads as under:

"The Appellants and the Respondents respectfully submit as hereunder:

1. The present appeal is filed by the Appellants challenging the Judgment & Decree dated: 17.01.2022, passed by the Court of the Hon'ble XLII Additional City Civil & Sessions Judge at Bangalore (CCCH- 43) in O.S.No.6211/2012, decreeing the suit filed by the Respondents against the Appellants seeking partition of the suit schedule property.

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2. The Respondent's father namely Sri.C.B.Vishwanath had originally filed the aforesaid suit for physical partition of the suit schedule property by metes and bounds and demarcate the ½ share and place him in possession of the same. It was contended that C.B.Vishwanath and Dr.C.B.Venugopal are brothers and the Civil Court had partitioned property bearing No.66, R.V.Road, Bangalore and had allotted jointly in the name of Dr.C.B.Venugopal and C.B.Vishwanath equal share in the final decree proceedings bearing F.D.P No.24/1996 filed based on the preliminary decree passed in O.S.No.826/1980 on the file of The City Civil Court at Bangalore, the aforesaid suit in O.S.No.6211/2012 was filed by Sri.C.B.Vishwanath. The correct municipal number of the suit schedule Property is No.66 and not 66/2 as shown in the plaint schedule property and in the decree passed in O.S.No.6211/2012.

3. Subsequent to the filing of the suit the said C.B.Vishwanath died on 23.04.2017 during the pendency of the suit and the Respondents herein who are son and daughter of Late.C.B.Vishwanath were brought on record as the legal heirs of late.C.B.Vishwanath and were arrayed as Plaintiff No.1 & 2 in the place of sole Plaintiff C.B.Vishwanath.

4. The Trial Court has decreed the suit of the Respondents and has held that the Plaintiff and Dr.C.B.Venugopal, the father of the Appellants are entitled for half share horizontally measuring 55 X 37.6 feet totally 2068 Sq.ft, aggrieved by which the Appellants herein have preferred this regular first appeal.

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5. The Appellants and the Respondents at the instance of elders and well wishers and after several rounds of discussions and deliberations have agreed to put an end to the present ongoing litigation on the following terms and conditions:

i. The Respondents have agreed to release and relinquish all their respective right, title, interest and share in the Suit Schedule Property in favor of the Appellants by receiving a total sum of Rs.80,00,000/- [Rupees Eighty Lakhs Only] from the Appellants.

ii. The Appellants have agreed to pay the aforesaid sum of Rs.80,00,000/-[Rupees Eighty Lakhs Only] to the Respondent in the following manner:-

a) A sum of Rs.6,66,667/-[Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only] in favor of Sri.C.V.Praveen, i.e. Respondent No.1 by way of Demand Draft bearing No.205493, dated:

06.02.2024, drawn on Bank of Baroda, Jayanagar Branch, Bengaluru.

b) A sum of Rs.6,66,667/-(Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only) in favor of Sri.C.V.Praveen, i.e., Respondent No.1 by way of Demand Draft bearing No.508266, dated:05.02.2024, drawn on ICICI Bank, Basaveshwaranagar Branch, Bengaluru.

c) A Sum of Rs.6,66,666/-( Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Six Only) in favor of Sri.C.V.Praveen, i.e Respondent No.1 by

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way of Demand draft bearing No.070328, dated:06.02.2024, drawn on Canara Bank, Ashoka Pillar Branch, Bengaluru.

d) A sum of Thousand Rs.6,66,667/- [Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only) in favor of Sri.C.V.Praveen, i.e. Respondent No.1 by way of Demand Draft bearing No.595267, dated:06.02.2024, drawn on Canara Bank, Lalbagh West Branch, Bengaluru.

e) A sum of Rs.6,66,666/-(Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Six Only] in favor of Sri.C.V.Praveen, i.e. Respondent No.1 by way of Demand Draft bearing No.595265, dated: 06.02.2024, drawn on Canara Bank, Lalbagh West Branch, Bengaluru.

f) A sum of Rs.6,66,667/-[Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only] in favor of Sri.C.V.Praveen, i.e. Respondent No.1 by way of Demand Draft bearing No.260456, dated:

05.02.2024, drawn on Karnataka Bank Ltd., Basavanagudi Branch, Bengaluru.

g) A sum of Rs.6,66,667/-[Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only] in favor of Smt.M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.205492, dated:06.02.2024, drawn on Bank of Baroda, Jayanagar Branch, Bengaluru.

h) A sum of Rs.6,66,667/-[Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty

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Seven Only] in favor of Smt.M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.508265, dated:05.02.2024, drawn on ICICI Bank, Basaveshwaranagar Branch, Bengaluru.

i) A sum of Rs.6,66,666/- (Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Six Only) in favor of Smt. M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.070330, dated:06.02.2024, drawn on Canara Bank, Ashoka Pillar Branch, Bengaluru.

j) A sum of Rs.6,66,667/-[Rupees Six Lakhs Sixty Six Thousand Six Hundred a Sixty Seven only) in favor of Smt.M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.595266, dated:

06.02.2024, Canara Bank, Lalbagh West Branch, Bengaluru.

k) A sum of Rs.6,66,666/-(Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Six Only) in favor of Smt.M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.595264, dated:06.02.2024, drawn on Canara Bank, Lalbagh West Branch, Bengaluru.

l) A sum of Rs.6,66,667/-(Rupees Six Lakhs Sixty Six Thousand Six Hundred and Sixty Seven Only) in favor of Smt.M.Malathi, i.e. Respondent No.2 by way of Demand Draft bearing No.260455, dated:

05.02.2024 drawn on Karnataka Bank Ltd., Basavanagudi Branch, Bengaluru.

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iii. The Respondents hereby acknowledge the receipt of the aforesaid amount and in consideration of the aforesaid sum of Rs.80,00,000/- [Rupees Eighty Lakhs Only] does hereby covenant that they will not claim any manner of right, title, interest or possession over Schedule Property and further will not disturb the peaceful physical possession and enjoyment of the Schedule Property by the Appellants.

iv. The Appellants hereinafter shall be owners of the schedule property and shall be at liberty deal with the Schedule Property as the Appellants deem fit. Further both the parties confirm that the suit schedule property is bearing municipal No.66, situated at R.V.Road, Basavanagudi, Bengaluru. The correct municipal number and the boundaries of the suit schedule property is shown in the SCHEDULE to this compromise petition.

v. The Respondents have got no objections in Appellants obtaining / transferring the Khata and other revenue documents in the names of the Appellants in respect of the Schedule Property. The Respondents further Agree to sign such papers, no objection certificates, etc, to assure full and perfect title in favour of the Appellant in respect of the Schedule Property in future as and when called upon by the Appellants.

vi. Both the Appellants and the Respondents to this compromise agree and consent to register the final decree which is to be passed in the above appeal by this Hon'ble Court at their respective costs before the jurisdictional sub-registrar.

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Vii. Both the parties to this compromise petition submit that they have entered into the present compromise out of their free will and violation after discussing the same with their respective family members a there is no element of fraud, coercion, undue influence, mis-representation or mistake in entering into this compromise.

viii. Both the parties respectfully pray that this Hon'ble court be pleased draw up final decree in terms of this compromise petition.

ix. Both the parties respectfully submit that the present compromise is in the best interest of both the parties and it is also only way to put an end to the long pending litigation and restore peace and harmony between the parties herein.

x. Parties may be directed to bear their costs.

SCHEDULE PROPERTY:

All that piece an parcel of the immovable property bearing Municipal No.66, (Old No.24) situated at RV Road, Basavanagudi, Bangalore- 04, measuring East to West: 110 ft. and North To South: 37 ft 6 inches, totally measuring 4125 Sq ft., consisting of residential building, and bounded as follows: