IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.86/2012 BETWEEN:
1. MANJULA W/O LATE RAJEGOWDA AGED ABOUT 52 YEARS R/O BHODDANURU VILLAGE KERALAPURA POST RAMANTHPURA HOBLI HASSAN DISTRICT – 573 201.
2. M N RAJESH S/O M L NAGARAJEGOWDA AGED ABOUT 46 YEARS R/A BUS STAND ROAD MIRLE TOWN, K R NAGARA TALUK MYSORE DISTRICT – 571 102.
(BY SRI H C SHIVARAMU, ADVOCATE) AND:
1. M VEDAVATHI W/O A CHANDRASHEKHAR AGED ABOUT 54 YEARS R/A DOOR No.3448, 6TH MAIN ROAD WESLY ROAD, TILAK NAGAR MYSORE – 571 102.
2. HEMAVATHI W/O H R NAGARAJU …APPELLANTS AGED ABOUT 50 YEARS R/A. DOOR No.3448, 6TH MAIN ROAD WESLY ROAD, TILAK NAGAR MYSORE – 571 102.
3. KAMALAMMA W/O SHIVANNA AGED ABOUT 64 YEARS R/A. DOOR No.3469, 3RD CROSS 4TH MAIN ROAD, TILAK NAGAR MYSORE – 571 102.
4. NAGARATHNA W/O A T BALLEGOWDA AGED ABOUT 66 YEARS R/A. HONNUR VILLAGE K M DODDI, BHARATINAGAR MADDUR TALUK MANDYA DISTRICT – 571 401. (BY SRI B S NAGARAJ, ADVOCATE) ...RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.07.2011 PASSED IN R.A.No.773/2010 ON THE FILE II ADDITIONAL DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:6.8.2010 PASSED IN O.S.No.5/2008 ON THE FILE OF THE CIVIL JUDGE(SR.DN) K.R.NAGAR.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and decree dated 18.07.2011 passed in R.A.No.773/2010 by the II Additional District Judge, Mysore.
2. Sri. B.S.Nagaraj, learned counsel for respondent Nos. 1 to 3 files vakalath for respondent No.4 also. Respondent No.4-Nagarathna is present before the court and modified compromise petition is filed considering her absence on the previous date of hearing.
3. Learned counsel for both the parties submits that modified Compromise petition filed today be taken on record in place of the earlier Compromise petition filed on 7.1.2019. The modified compromise petition filed today is allowed as the terms of compromise appears to be lawful.
4. The parties to the lis are present and their presence is placed on record.
5. Insofar as the transfer of right, title and interest in the schedule ‘A’ property as stated in para 4(i) is concerned, it is subject to formality of conveyance as per the Registration Act. The parties would submit that they are going to comply with the requirement regarding Registration and Stamp Duty for re- conveyance. Their submission is placed on record.
6. The affidavit of respondent No.4 filed along with the compromise petition is taken on record. The terms of Compromise petition dated 23.01.2019 filed under Order XXIII Rule 3 CPC duly signed by the parties and identified by their counsel read as under:.
i) “ The Appellant No.2 by receiving the amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) from the 1st Respondent, and relinquished his all right, that what he had purchased the properties by registered sale deed dated 31.12.1990, from the 1st appellant/1st Defendant, it includes her share in favour of 1st Respondent and accordingly, she is put in possession of 1st item of the suit schedule property.
ii) The Appellant No.1 who sold the entire item No.1 of the ‘A’ schedule property, therefore it is necessary to adjust the same in the ‘B’ schedule property. And, accordingly the ‘B’ schedule properties to be declared that the Respondent No.1 is the absolute owner of the said property, to the extent of 1st Defendant share is concerned.
iii) The Appellant No.1 & 2, Respondent No.1 to 4 submits that the Defendant No.2/Respondent No.4 has filed separate affidavit in support of this compromise petition agreeing to give up share, rights, title, interest of the suit scheduled properties in favour of Respondent No.1/Plaintiff No.1, in view of that, she has received 80 gms Gold bangles and also received a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) towards her share today and signed the compromise petition.
iv) In view of this above compromise petition the Respondent No.1 is entitled to get changed all Revenue entries in her name in respect of Appellant No.1/Defendant No.2/Respondent No.4 share is concerned in all the suit schedule properties.
v) And, from hereafter the Respondent No.1 is the absolute owner in possession of the suit schedule properties of Appellant No.1/Defendant No.1 & Defendant No.2/Respondent No.4, and she enjoy the same as her absolute properties.
vi) And, further declare that hereafter the Appellant No.1 & 2/Defendant No.1 & 3 and Respondent No.4 herein have no right whatsoever on the suit schedule properties.
vii) The contents of this compromise petition is read over and explained to us in Kannada language, and after understanding the same, we have affixed our signatures to this Compromise petition.”
7. Placing the statements made in the compromise petition on record, the appeal is disposed of in terms and conditions of the compromise petition.
tsn* Sd/- JUDGE