IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV R.S.A. No.760/2015 C/W R.S.A. CROB. No.2/2016 R.S.A. No.760/2015 Between:
Smt. Gangamma, W/o Late Siddalingaiah, Aged 70 years, R/at Chikkabidar Kallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073. ... Appellant (By Sri K.G. Sadashivaiah, Advocate) And:
1. Sri Srinivasaiah, S/o Late Muni Venkatappa, Aged 67 years.
2. Sri Narayanappa, S/o Late Muni Venkatappa, Aged 65 years.
Both are R/at Chikkabidara Kallu Village, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073.
3. Sri S. Lokesh, S/o Srinivasaiah, Aged 26 years, Chikkabidar Kallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073.
4. Smt, C. Channamma, W/o Late V. Venkatachalaiah, Aged 62 years.
5. Sri V. Suresh Kumar, S/o Late M. Venkatachalaiah, Aged 40 years.
6. Sri V. Srinivasa Murthy, S/o Late M. Venkatachalaiah, Aged 37 years.
Respondents 4 to 6 are R/at Chikkabidar Kallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073.
7. Smt. V. Jayalalitha, W/o K. Srinivasa Murthy, D/o Late M. Venkatachalaiah, Aged 44 years.
8. Smt. V. Anitha, W/o K. Venkatesh, D/o Late M. Venkatachalaiah, Aged 35 years.
Respondents 6 to 8 are R/at Seegehalli Village, Kaanamangala Post, Bangalore – 560 067. ... Respondents (By Sri. S.V. Prakash, Advocate for R1;
Sri N.S. Byre Gowda, Advocate for R5 to R8; R2 – Served and Unrepresented;
R3 to R6 are the LRs. of deceased of R4; R3 - Deleted v/o 02.12.2019) This RSA is filed under Section 100 of C.P.C., against the judgment and decree dated 27.03.2014 passed in R.A. No.143/2013 on the file of the Principal District Judge, Bangalore Rural District, Bangalore, dismissing the appeal and confirming the judgment and decree dated 10.04.2013 passed in O.S. No.462/2009 on the file of the Senior Civil Judge and JMFC, Nelamangala and etc.
R.S.A. Crob. No.2/2016 Between:
Srinivasaiah, S/o Late Muni Venkatappa, Aged 68 years, R/at Chikkabidar Kallu Village, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073. … Cross Objector (By Sri S.V. Prakash, Advocate) And:
1. Smt. Gangamma, W/o Late Siddalingaiah, Aged 71 years, R/of Chikkabidar Kallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bengaluru – 560 073.
2. Sri S. Lokesh, S/o Srinivasaiah, Aged 27 years, R/o Chikkabidar Kallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bangalore – 560 073.
3. M. Venkatachalaiah, Since dead by his LR’s 3(a) C. Channamma, W/o Late V. Venkatachalaiah, Aged 63 years.
3(b) V. Suresh Kumar, S/o Late M. Venkatachalaiah, Aged 41 years.
3(c) V. Srinivasa Murthy, S/o Late M. Venkatachalaiah, Aged 38 years.
Respondents 3(a) to 3(c) are R/of Chikkabidarakallu Village, Nagasandra Post, Dasanapura Hobli, Bangalore North Taluk, Bengaluru – 560 073.
3(d) Smt. V. Jayalalitha, W/o K. Srinivasa Murthy, D/o Late M. Venkatachalaiah, Aged 45 years.
3(e) V. Anitha, W/o K. Venkatesh, D/o Late M. Venkatachalaiah, Aged 36 years.
Respondents 3(d) and 3(e) are R/of Seegehalli Village, Kaanamangala Post, Bengaluru – 560 067.
4. Sri Narayanappa, S/o Late Munivenkatappa, Aged 66 years, R/of Chikkabidarakallu Village, Dasanapura Hobli, Bangalore North Taluk, Bengaluru – 560 073. … Respondents This RSA Cross Objection is filed under Order XLI Rule 22 of Code of Civil Procedure, against the judgment and decree dated 27.03.2014 passed in R.A. No.143/2013 on the file of the Principal District Judge, Bengaluru Rural District, Bengaluru, dismissing the appeal and confirming the judgment and decree dated 10.04.2013 passed in O.S. No.462/2009 on the file of the Senior Civil Judge, Nelamangala and etc.
These RSA and RSA Cross objection coming on for Admission, this day, the Court delivered the following:
JUDGMENT The parties had submitted the compromise petition, the execution of which was admitted before this Court on 02.12.2019. The parties have today filed the joint affidavit and state that in terms of the compromise petition, the shares have been carved out as per the sketch enclosed alongwith the compromise petition and the parties assumed possession of their shares.
2. It is further submitted that there is no requirement of any further proceedings for satisfaction relating to division of properties by metes and bounds.
3. Taking note of the said affidavit and also taking note of the law laid down by the Apex Court in the case of Bimal Kumar and Another v. Shakuntala Debi and Others reported in (2012) 3 SCC 548, which would apply to the facts of the present case, it is hereby ordered that final decree be drawn in terms of the compromise. Each of the parties desire that decree be engrossed on the stamp paper.
4. In light of request by the parties, the office to engross the decree on the stamp paper for each of the parties.
5. In light of compromise entered into, the judgment and decree passed by the trial Court as well as the Court of Regular Appeal is modified to the extent as provided for in the compromise.
6. At the request of learned counsel for the parties, while noting that final decree is ordered to be drawn up, liberty is however reserved to seek for modification if there is any discrepancy in the measurement in terms of the compromise.
7. In light of the compromise entered into, RSA.Crob No.2/2016 is dismissed as withdrawn in terms of the compromise.
Sd/- JUDGE VGR