Karnataka High Court
Smt Vanajakshamma vs Smt Lakshmi on 16 January, 2025
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NC: 2025:KHC:1835
RSA No. 195 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO.195 OF 2016 (PAR)
BETWEEN:
SMT. VANAJAKSHAMMA
W/O. LATE NAGENDRA,
AGED ABOUT 52 YEARS,
R/AT THATTEKRRE VILLAGE,
KASABA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT - 562160. ... APPELLANT
(BY SRI K.V. NARASIMHAN, ADVOCATE)
AND:
1. SMT. LAKSHMI
KEPT MISTRESS OF LATE NAGENDRA,
AGED ABOUT 58 YEARS,
2. SRI T.N. KUBENDRA
Digitally signed by
MAHALAKSHMI B M S/O LATE NAGENDRA,
Location: HIGH AGED 32 YEARS,
COURT OF
KARNATAKA 3. SMT. T.N. NAGAMANI,
D/O. LATE NAGENDRA,
AGED 29 YEARS,
4. SRI T.N. NAVEEN
S/O. LATE NAGENDRA,
AGED 26 YEARS,
5. T.N. GEETHA
D/O. LATE NAGENDRA,
AGED 24 YEARS,
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RSA No. 195 of 2016
ALL ARE R/AT THATTEKERE VILLAGE,
KASABA HOBLI, CHANNAPATNA TALUK,
RAMANAGARA DISTRICT - 562160. ... RESPONDENTS
(BY SRI SIDDAMALLAPPA P.M., ADVOCATE FOR C/R-1, R-2, R-4 (CP.
688/2015) & ALSO VK FILED FOR R-1 TO R-5)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 02.11.2015 PASSED IN
R.A.NO.24/2014 ON THE FILE OF THE III ADDL. DISTRICT AND
SESSIONS JUDGE, RAMANAGARA, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED 04.04.2014
PASSED IN O.S.NO.16/2012 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC., CHANNAPATTANA.
THIS APPEAL COMING ON FOR REPORTING SETTLEMENT, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Appellant and respondent Nos.1 to 5 are present
and are identified by their respective counsels.
2. Learned counsel for the parties submit that the
appellants and respondents have amicably settled the
dispute and a compromise petition is filed under Order
XXIII Rule 3 read with Section 151 of the Code of Civil
Procedure, 1908 by the learned counsel for the appellant
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and respondents, which is duly signed by appellant and
respondent Nos.1 to 5.
3. The terms of the compromise is enumerated as
under:
"3. During the pendency of the above appeal, the
parties have settled the dispute as under:
A. The plaintiff/appellant is allotted two and a half
guntas of land in Sy.No.72/2, which totally
measures 1 acre 14 ½ guntas situated at
Tattekere Village, Kasaba Hobli, Channapatna
Taluk which is item No.1 of A schedule
property, to her share. The said two and a half
guntas land is identified by the letter ABCD in
the sketch enclosed to the compromise petition.
The appellant shall be entitled to hold the said
land as its absolute owner.
B. The appellant shall be entitled to get the
revenue records mutated to her name
concerning the said two and a half guntas of
land. The respondents shall cooperate in she
getting the khata changed to her name and
enjoy the said property without any let or
interference from the respondents.
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C. The respondents shall have no objection to the
appellant for she selling the said two and a half
guntas of land and make use of the proceeds
for her maintenance or for any other purpose.
Her title, interest and possession over the said
extent of land shall be absolute and shall not be
questioned by the respondents at any point of
time.
D. Item No.2 of the suit properties, respondent
No4. is putting up construction of 2 residential
units. Out of the two residential units, the
appellant shall be entitled to one residential
unit measuring 18 feet x 20 feet. The
boundaries of said residential units is as under,
East by : Property of Muddanna
West by: Property of Devaraju
North by:Road
South by:Property of Gadi Chikkanna
E. The appellant shall be entitled to stay in the
said residential unit during her life time. She
shall have no right tot sell, gift, mortgage the
said residential unit and after her demise, it
shall be inherited by respondent No.4 herein.
However, she shall have the right to rent the
said property, if she so desires.
F. The 4th respondent shall complete the
construction of the said residential unit within 6
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months from today and shall hand over the
possession of the said residential unit in a
habitable manner. In case of default, the
appellant shall be entitled to complete the
remaining portion by herself and take
possession of the said residential unit. The
expenditure for completing the said
construction shall be recovered by the appellant
by suing out the execution without being
dragged to file another suit. The rough estimate
of the expenditure to be incurred to complete
the construction is Rs.1,00,000/- (One Lakh
Only). To enable the recovery of the said
amount, a charge shall be created over the rest
of the suit properties which shall stand
extinguished automatically on she being paid
with the expenses.
G. In view of the above-said compromise, the
appellant shall give up her fright over the rest
of the suit priorities. The respondent No.2 to 4
shall be entitled to enjoy the rest of the
property as absolute owners.
H. This compromise has been entered into
between the parties of their own volition and
without there being any threat, coercion, or
misrepresentation.
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4. When query made by this court, the parties
submit that they agreed to the terms of the compromise.
5. The compromise petition is taken on record.
6. The sketch annexed to the compromise petition
and the compromise petition would form part and parcel
of this order.
In terms of the compromise petition, the appeal
stands disposed of and decree to be drawn accordingly.
Sd/-
________________________
JUSTICE K.S. HEMALEKHA
SS
