Maram Srinivas vs Smt.Maram Umadevi/Anandapu Uma ...
2021 Latest Caselaw 2383 Tel

Item No.16

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         FCA.No.204 OF 2018

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    On 30.06.2021, learned counsel for the appellant/husband had

stated on instructions that his client was willing to offer a parcel of

land measuring Ac.1.06 guntas, situated in Makkapalli Village,

Nalgonda District for being transferred in the name of the daughter of

the parties. It is also informed that possession of the said parcel of the

land had already been handed over to the respondent/wife before the

Local Commissioner appointed by the learned Family Court and only

the gift deed had to be executed. Both the parties agreed that once the

land is gifted to the daughter through proper documentation, the

respondent would accept the same in full and final settlement of all

her claims and that of the daughter, against the appellant. The parties

had sought time to file a compromise application. In the meantime,

they undertook that the requisite documentation for gifting the parcel

of the land to the daughter shall be completed. At their request, the

matter was adjourned to 14.07.2021.

2. On 14.07.2021, learned counsel appearing for the

appellant/husband stated that his client had taken the brief back from

him and that he was not in a position to assist the court. On the same

day, appearance was entered by Mr. Ramprasad, who said that he

needed time to file his power of attorney for the appellant.

3. Learned counsel for the respondent had been pointed out that

the appellant had not taken any steps to contact his client to complete

the documentation process for gifting the parcel of the land in favour

of the daughter of the parties. At the request of learned counsel for

the appellant/husband, the matter was adjourned to 02.08.2021, with a

direction that the appellant/husband and the respondent/wife would

remain present.

4. On 02.08.2021, both the parties were present. Noticing the

attempt on the part of the appellant/husband to wriggle out of the

settlement already recorded in the order dated 30.06.2021, it was

made clear that if the appellant/husband does not abide by the said

terms of the settlement, then this court would consider appointing a

local commissioner to execute the gift deed on his behalf, in favour of

the daughter. The appellant was present at the hearing and undertook

to do the needful within two weeks. At his request, the matter was

again adjourned for today, for reporting compliance.

5. Today, learned counsel for the respondent/wife states that the

appellant/husband has failed to stick to his part of the obligation and

has not taken any steps to execute the gift deed in favour of the

daughter. Learned counsel for the appellant/husband does not deny

the said submission and seeks to make excuses.

6. In view of the above, we decline to await any further

instructions by learned counsel for the appellant. It is quite apparent

that the appellant is trying to evade his obligations under the

settlement. It is deemed appropriate to appoint a Local Commissioner

to execute the gift deed in respect of the subject land on behalf of the

appellant/husband, in favour of the daughter of the parties.

7. Smt. V. Aparna Laxmi (9885455925) is appointed as a Local

Commissioner for drafting the gift deed and approaching the revenue

authorities for executing and registering the same on behalf of the

appellant in favour of the daughter of the parties. The registration

expenses and the fee of the Local Commissioner shall be borne by the

appellant. The fee of the Local Commissioner is fixed as Rs.20,000/-

(Rupees Twenty thousand only). The same shall be tendered to the

Local Commissioner within one week.

8. In the event, the Local Commissioner is informed by the

revenue authorities that a gift deed cannot be executed in respect of

the subject land for any legal reasons, she shall file a report stating so

for the appellant to make alternative arrangements to pay the market

value of the subject land to the daughter of the parties.

9. The appeal is disposed of along with the pending applications,

if any.

10. List on 13.09.2021 only to report compliance.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 16.08.2021 ES/PLN