Karnataka High Court
Sri. N. B. Manjukrishna vs Smt. N. B. Triveni on 27 February, 2025
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2025:KHC:8617-DB
RFA No. 1996 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO.1996 OF 2017 (PAR)
BETWEEN:
SRI N.B. MANJUKRISHNA
S/O. LATE N. BALAKRISHNA
AGED ABOUT 37 YEARS
RESIDING AT NO.97/1
WHEELER ROAD
(FACING LOUIS ROAD), COOK TOWN
BENGALURU-560 005.
...APPELLANT
(BY SRI K. BHANU PRASAD, ADVOCATE)
AND
SMT. N.B. TRIVENI
W/O. SRI BHASKAR
D/O. LATE N. BALAKRISHNA
AGED ABOUT 34 YEARS
RESIDING AT NO.97/1, WHEELER ROAD
Digitally signed by
MOUNESHWARAPPA (FACING LOUIS ROAD), COOK TOWN
NAGARATHNA
BENGALURU-560 005.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI K.H. SOMASHEKARA, ADVOCATE)
***
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI,
RULE 1 READ WITH SECTION 96 OF THE C.P.C. PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 23-8-2017 PASSED IN
ORIGINAL SUIT NO.8003 OF 2014 ON THE FILE OF THE XXXVIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2025:KHC:8617-DB
RFA No. 1996 of 2017
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is filed challenging the judgment and decree
dated 23-8-2017 passed in Original Suit No.8003 of 2014 on
the file of the XXXVIII Additional City Civil Judge, Bengaluru,
whereby the suit of the plaintiff/respondent herein was
decreed.
2. Sri K. Bhanu Prasad, learned counsel for the
appellant, Sri K.H. Somashekara, learned counsel for the
respondent, Sri N.B. Manjukrishna, appellant/defendant, and
Smt. N.B. Triveni, respondent/plaintiff, are physically present
before the Court.
3. In this appeal, the learned counsel for the appellant
has filed a compromise petition, along with the sketch/plan,
under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908,
stating that the appellant and the respondent have arrived at a
settlement, which reads as under:
NC: 2025:KHC:8617-DB
"THE APPELLANT AND THE RESPONDENT FILES THE
FOLLOWING JOINT COMPROMISE UNDER ORDER XXIII RULE 3
OF THE CODE OF CIVIL PROCEDURE AS HEREUNDER:
At the intervention of the well-wishers of both parties, the subject
matter involved in the above Appeal has been amicably settled
between parties in terms of the Compromise as stated hereunder:
1. The Respondent/Plaintiff has filed the suit in
O.S.No.8003/2014 as against the Appellant/Defendant
seeking for Partition and separate possession claiming
her legitimate half share in the suit schedule properties
and whereas the Hon'ble Trial Court was pleased to
Decree the suit of the Plaintiff vide Judgment and
Decree dated 23.08.2017 passed by the learned
XXXVIII Addl. City Civil & Sessions Judge, at Bangalore
City (CCH-39) holding that the Plaintiff is entitled to
1/2 share in Item No.1 & 2 of the Plaint Schedule of
Properties.
2. The Parties to the Compromise concede and agree
that the suit schedule Item No.1 of the Plaint Schedule
i.e., the property bearing No.97/1, New No.279, situate
at Wheeler Road, Cooke Town, Bangalore-560005,
measuring East to West 38 feet 06 inches and North to
South 66 feet 09 inches together with residential
building thereon consisting of Ground, First Floor and
portion of the Second Floor.
3. Similarly the parties to the compromise concede and
agree that the suit schedule Item No.2 of the Plaint
Schedule i.e., the property bearing No.97/1, New
NC: 2025:KHC:8617-DB
No.279, situate at Wheeler Road, Cooke Town,
Bangalore-560005 measures East to West 35 feet and
North to South 24 feet 3 inches together with Non-
residential Commercial Building consisting of Ground +
Three Upper Floors.
4. The parties to the Compromise concede and agree
that the suit schedule Item No.2 which is the
commercial building consisting of Ground + Three
Upper Floors bearing property No.97/1, New No.279
situate at Wheeler Road, Cooke Town, Bangalore-
560005 measuring East to West 35 feet and North to
South 25 Feet in all measuring 875 Square feet is
allotted to the share of the Appellant/Defendant which
is more fully described as Item No.1 of the 'A' Schedule
of Properties in the Schedule to the Compromise and
accordingly the Appellant/Defendant is put in separate
possession and enjoyment of the same.
5. The parties to the Compromise concede and agree
that a portion of suit Schedule Item No.1 of the Plaint
schedule that is the Residential building consisting of
Ground, First and portion of Second Floor bearing
property No.97/1, New No.279 situate at Wheeler
Road, Cooke Town, Bangalore-560005 measuring East
to West 40 feet and North to South 24 feet and 04
inches in all measuring 976 Square feet is also allotted
to the share of the Appellant/Defendant which is more
fully described as Item No.2 of the 'A' Schedule of
Properties in the Schedule to the Compromise and the
NC: 2025:KHC:8617-DB
Appellant/Defendant is put in separate possession and
enjoyment of the same.
6. The parties to the Compromise concede and agree
that a portion of suit schedule Item No.1 that is the
Residential Vacant site together with Two shops lying
within the property bearing No.97/1, New No.279
situate at Wheeler Road, Cooke Town, Bangalore-
560005 measuring East to West 40 feet and North to
South 42.5 feet in all measuring 1700 Square feet is
allotted to the share of the Respondent/Plaintiff which
is more fully described as the 'B' Schedule Property in
the Schedule to the Compromise and the
Respondent/Plaintiff is put in separate possession and
enjoyment of the same.
7. The parties to the Compromise concede and agree
that there is a residential house consisting of Ground,
First portion of the Second floor in Item No.1 of the
Plaint schedule and the same is allotted to the share of
the Appellant/Defendant and whereas the paternal
uncle and aunt of the Appellant and the Respondent
are residing within the Ground floor residential
premises and whereas the Appellant has no objection
for them to reside within the ground floor/residential
premises during their life time and such an
understanding has been duly accepted by the
Appellant.
8. The parties to the compromise concede and agree
that the Respondent/Plaintiff has collected the
advances/security deposit from the tenants occupying
NC: 2025:KHC:8617-DB
the Commercial building which is situate within the
Item No.2 of the Plaint schedule and those advances
have been utilized for the purpose of constructing the
commercial complex and the residential house lying
within Item No.1 of the Plaint schedule and since item
No.2 of Plaint schedule in its entirety is been allotted to
the share of the Appellant/Defendant and accordingly
the Appellant/Defendant has agreed to take the sole
responsibility in refunding the advance amount/security
deposit to the tenants at the time of vacating and
delivering the vacant possession.
9. The parties to the compromise concede and agree
that the advance amount/security deposit of two shops
received by the Respondent/Plaintiff in so far as the
Item No.1 of the Plaint schedule which has fallen to the
share of the Respondent/Plaintiff and accordingly the
Respondent/Plaintiff has agreed to take the sole
responsibility in refunding the advance amount/security
deposit to the tenants at the time of vacating and
delivering the vacant possession.
10. The parties to the compromise concede and agree
that the Appellant/Defendant will be entitled to collect
the rents from the prospective tenants who are
occupying the Commercial building from the date of the
compromise since the same has fallen to the share of
the Appellant and similarly the Respondent/Plaintiff is
also entitled to collect the rents from the prospective
tenants of the two shops situate within the Ground
NC: 2025:KHC:8617-DB
floor which has fallen to the share of the
Respondent/Plaintiff from the date of the compromise.
11. The parties to the compromise concede and agree
that there is a Network Tower which has been leased
out to the Airtel and the same is situate within the
Fourth Floor of the Commercial building which is
allotted to the share of the Appellant and from the date
of the compromise the Appellant alone will be entitled
to collect the rents from the Network Tower leased in
favour of Airtel and the Respondent has no objection
for the same.
12. The parties to the compromise concede and agree
that the Municipal taxes including arrears if any with
regard to the Commercial Building and the Residential
Building i.e., Item No.1 & 2 of the 'A' schedule of
properties allotted to the share of the Appellant under
the compromise will have to be borne by the
Appellant/Defendant and similarly the Municipal taxes
including arrears if any with regard to the 'B' Schedule
property allotted to the share of the
Respondent/Plaintiff under the compromise will have to
be borne by the Respondent/Plaintiff.
13. The parties to the compromise concede and agree
that the Residential Building consisting of Ground, First
and portion of the Second Floor which is allotted to the
share of the Appellant and a portion of the Residential
Building lies within the Northern side of the property
allotted to the share of the Respondent and whereas
the Appellant has agreed to demolish the said portion
NC: 2025:KHC:8617-DB
of the residential building so as to enable the
Respondent to have a complete vacant site, and
whereas the Respondent shall give three months notice
to the Appellant so as to enable him to demolish a
portion of the residential building lying within the
northern side of the property allotted to the share of
the Respondent and these terms and conditions have
been mutually agreed upon by the both parties to the
compromise.
14. The Appellant and the Respondent who have been
allotted their respective shares under the compromise
are entitled to deal with the said items of properties in
whatever manner they like including their right of
alienation for which either of the parties to the
Compromise have no objections whatsoever.
15. The parties to the Compromise concede and agree
that apart from the properties which are the subject
matter of the above Appeal/Suit there are no other
joint family properties left over for partition.
16. The parties to the compromise concede and agree
that the parties who have been allotted their respective
shares under the compromise can approach the BBMP
and obtain the individual khathas in their respective
names and also pay the taxes in respect of their
portions, for which the Parties to the Compromise have
no objection whatsoever.
17. The Sketch/Plan demarcating and showing the
portions fallen to the shares of the Appellant and the
NC: 2025:KHC:8617-DB
Respondent shall form part and parcel of this
Compromise Petition.
18. The parties to the Appeal have entered into this
Compromise out of their own free will, conscience and
the same is without there being any threat, coercion or
undue influence and the same is binding upon them.
19. The parties to the Appeal have agreed to bear their
own costs towards the proceedings.
WHEREFORE, the Appellant/Defendant and the
Respondent/Plaintiff jointly pray that this Hon'ble Court
be pleased to record the Compromise and
consequently, be pleased to Decree the Appeal in
terms of the Compromise and the Office may be
directed to draw the Final Decree in terms of the
Compromise without costs, in the interest of justice,
equity and law.
'A' SCHEDULE PROPERTY ALLOTTED TO THE SHARE OF THE
APPELLANT/DEFENDANT - SRI.MANJUKRISHNA:
ITEM No.1:
All that piece and parcel of the Commercial Building consisting
of Ground + Three Upper Floors and Airtel Tower situate within the
Fourth Floor bearing property No.97/1, New No.279 situate at
Wheeler Road, Cooke Town, Bangalore-560005 measuring East to
West 35 feet and North to South 25 feet in all measuring 875 Square
feet which is demarcated and shown in the Rough Sketch/Plan
annexed to the Compromise Petition and the same is bounded on:
- 10 -
NC: 2025:KHC:8617-DB
East by : Wheeler Road,
West by : Remaining portion of the property bearing No.97/1, New
No.279 fallen to the share of N.B. Manju Krishna,
North by : Private Property,
South by: Private Property.
ITEM No.2:
All that piece and parcel of the Residential building consisting
of Ground, First and portion of Second Floor bearing property
No.97/1, New No.279 situate at Wheeler Road, Cooke Town,
Bangalore-560005 measuring East to West 40 feet and North to
South 24.4 feet in all measuring 976 Square feet which is
demarcated and shown in the Rough Sketch/Plan annexed to the
Compromise Petition and the same is bounded on:
East by : Remaining Portion of the property bearing No.97/1,
New No.279 fallen to the share of N.B. Manju Krishna,
West by : Private Property,
North by : Remaining Portion of the property bearing No.97/1,
New No.279 fallen to the share of N.B.Triveni,
South by: Private Property.
'B' SCHEDULE PROPERTY ALLOTTED TO THE SHARE OF THE
RESPONDENT/PLAINTIFF - SMT. N.B.TRIVENI:
All that piece and parcel of Residential Vacant site together with Two
shops bearing property No.97/1, New No.279 situate at Wheeler
Road, Cooke Town, Bangalore-560005 measuring East to West 40
feet and North to South 42.5 feet in all measuring 1700 Square feet
which is demarcated and shown in the Rough Sketch/Plan annexed to
the Compromise Petition and the same is bounded on:
East by : Private Property,
West by : Private Property,
North by : Lewis Road,
South by : Portion of the property bearing No.97/1, New No.279
fallen to the share of N.B.Manjukrishna."
- 11 -
NC: 2025:KHC:8617-DB
4. The aforesaid conditions have been agreed between
the appellant and the respondent out of their free will and
volition and there is no element of fraud, coercion, undue
influence, misrepresentation or mistake. Further, both parties
respectively submit that the present compromise is in the best
interest of both the parties.
5. In presence of both the parties, the compromise
petition is hereby accepted. Accordingly, the appeal stands
disposed of in terms of the compromise entered into between
both the parties, by setting aside the judgment and decree
dated 23-8-2017 passed in Original Suit No.8003 of 2014 on
the file of the XXXVIII Additional City Civil Judge, Bengaluru.
Office is directed to draw the final decree in terms of the
compromise petition and the sketch.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
