IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.S.A.No.1703/2014 BETWEEN:
1.M KRISHNAPPA S/O LATE BESTHARA POOJARI MUNISWAMAPPA, AGED ABOUT 60 YEARS, RETIRED BEML EMPLOYEE R/O DO.NO.3684, 4TH CROSS, VIJAYANAGAR, BANGARPET TOWN KOLAR DISTRICT-563 114 2.SRI RAMAPPA S/O LATE BESTHARA POOJARI MUNISWAMAPPA SINCE DEAD BY LRS 2(a) SMT.VIJAYAMMA AGED ABOUT 60 YEARS W/O LATE RAMAPPA R/AT DIMBACHAMANAHALLI SHILLENGERE POST, KOLAR TALUK & DISTRICT 2(b) SRI KUMARA AGED ABOUT 43 YEARS S/O LATE RAMAPPA R/AT NO.36, K.G.COLONY 2ND CROSS, G.M.PALYA NEAR BEML HOSPITAL NEW THIPPASANDRA POST BENGALURU -560 075 2(c) SMT VASANTHA AGED ABOUT 38 YEARS D/O LATE RAMAPPA W/O NAGENDRA R/AT NO.294, 5TH CROSS SIDHANTHNAGAR KADUGODI PLANTATION KADUGODI SOUTH BENGALURU-560 067 2(d) SRI S MUNIRAJU AGED ABOUT 35 YEARS S/O LATE RAMAPPA R/AT DIMBACHAMANAHALLI SHILLENGERE POST, KOLAR TALUQ AND DISTRICT ..APPELLANTS (BY SRI PAPI REDDY G., ADVOCATE) AND:
VENKATESHAPPA S/O LATE BESTHARA POOJARI MUNISWAMAPPA, AGED ABOUT 68 YEARS, R/AT DIMBACHAMANAHALLI, SHILLENGERE POST KASABA HOBLI, KOLAR TALUK-563 114 AND ALSO R/AT JANGAMANAKOTE VILLAGE AND HOBLI, SIDLAGHATTA TALUK-582105 ..RESPONDENT (BY SRI S VISWESWARAIAH, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED:28.10.2014 PASSED IN R.A.NO.150/2012 ON THE FILE OF THE C/C III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:28.06.2012 PASSED IN O.S.NO.405/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, KOLAR.
THIS RSA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for appellants and respondent have filed Compromise petition under Order XXIII Rule 3 read with Section 151 of CPC on 19.07.2019 duly signed by both the parties. It is also attested by their respective counsel. Same is taken on record.
2. The compromise petition reads as under:
“1 The Respondent Venkateshappa had filed Suit O.S.No.405/2005 for the relief of Declaration of Title and ownership in the court of Principal Civil Judge and JMFC at Kolar. The said suit was decreed. The Appellants had preferred an appeal R.A.No.150/2012 to the court of 3rd Additional Senior Civil Judge Kolar and the same was dismissed. Aggrieved by the Judgments and decrees of both the courts, they have preferred this appeal. At the intervention of the well-wishers, relatives and friends of both the parties, the matter in dispute came to be settled amicably on the following terms and conditions.
2. The LR’(a) of Appellant No.2 has on this day paid Rs.2,00,000/- (Two Lakhs Rupees) by way of Demand Draft bearing No.”501440” dated 17.07.2019 drawn on Union Bank of India, Gandhinagar Branch, Bengaluru to the respondent as full consideration for giving up the claim of the latter over the land measuring 1 acre 8 guntas in Sy.No.89/1A1 of Dimbachamanahalli, which morefully described in the schedule hereto.
3. The Respondent Venkateshappa is herein relinquishing his right, title and interest over the schedule property in favour of the LR(a) of appellant No.2 Smt.Vijayamma. The LR(a) of the appellant No.2 is put in physical possession of the schedule property.
4. The Appellant No.1 M.Krishnappa also admits that LR(a) of the Appellant No.2 shall be entitled to hold possess and enjoy the schedule property as absolute owner.
5. The LR’s’ (b) and (c) and (d) of the Appellant No.2 namely Kumara, Vasantha and Muniraju also admit that LR(a) of the Appellant No.2 shall be the absolute owner of the schedule property.
6. The Appellant No.1 and LR’s’ (b), (c) and (d) of the Appellant No.2 and the Respondent have no objection for change of katha in the name of LR(a) of Appellant No.2 with respect of schedule property.
7. The Appellant No.1, LR’s’ (b), (c) and (d) of Appellant No.2 and Respondent have no objection for allowing the appeal in favour of LR’s’(a) of Appellant No.2.
8. The Respondent hereby undertakes that he will not make any claim over the schedule property in future.
9. That, there is no coercion, undue influence in the matter of filing the compromise petition.
Wherefore, the Appellants and Respondent pray that this Hon’ble Court be pleased to record the above terms of settlement and set-aside the impugned Judgments and decrees by allowing the appeal on grounds of justice and equity.”
3. A Demand Draft bearing No.501440 dated 17.07.2019 for Rs.2,00,000/- drawn on Union Bank of India, Gandhinagar Branch, Bengaluru, in favour of Venkateshappa –plaintiff –respondent is being handed over by appellant No.2(a) and same is accepted by plaintiff-respondent.
4. The terms of compromise appears to be lawful and same is accepted.
Appeal is disposed of in terms of compromise.
Counsel for appellants and respondent shall file fresh valuation slips and pay court fee if required. Regard being had to the fact court fee shall be refunded if any.
Office is directed to draw decree in terms of the compromise.
Sd/- JUDGE SBN