IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.560 of 2018 (PAR/POS) BETWEEN :
1 . N.K.RUKMINI W/O.M.K.RAMESH AGED ABOUT 56 YEARS 2 . KUM.RAKSHITH RAMESH AGED ABOUT 25 YEARS 3 . KUM.SUSHMITHA RAMESH AGED ABOUT 31 YEARS REP. BY G.P.A.HOLDER APPELLANT NO.1 N.K.RUKMINI ALL ARE RESIDING AT: NO.344 NAVILU ROAD, KUVEMPUNAGARA MYSURU – 577 210.
(BY SRI.DESHRAJ, ADVOCATE) ... APPELLANTS AND:
SRI.D.K.KENCHAPPA SINCE DEAD BY LR’S ON RECORD 1 . M.K.RAMESH S/O.D.K.KENCHAPPA AGED ABOUT 58 YEARS 2 . KUM.SAHANA RAMESH D/O.M.K.RAMESH AGED ABOUT 28 YEARS 3 . ROHITH RAMESH S/O.M.K.RAMESH AGED ABOUT 27 YEARS ALL ARE RESIDING AT: NO.L.22 3/B CROSS, I BLOCK RAMAKRISHNANAGAR MYSURU – 577 210. ...RESPONDENTS (BY SMT.K.S.ANASUYADEVI, ADVOCATE FOR R-1 TO R-3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET-ASIDE JUDGMENT AND DECREE PASSED IN O.S.NO.125/2010 BY THE LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSORE DATED 16.12.2017 AND DISMISS SUIT O.S.125/2010 AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is listed to consider I.A.No.3/2019.
2. Learned counsel for the respective parties however, submit that during the pendency of this appeal, the parties have submitted that they have decided to settle the dispute inter se and hence, they are now filing a compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, 1908 (CPC). They further submit that the appeal may be disposed of in terms of the compromise arrived at between the parties and by modifying the judgment and decree of the trial Court.
3. It is noted that the first respondent herein had filed O.S.No.125/2010 seeking the relief of partition and separate possession of the suit schedule properties and for a declaration that the settlement deeds dated 01.06.2009 and 16.11.2009 are not binding on his share in the suit schedule properties by the judgment and decree dated 16.12.2017 passed by the IV Additional Senior Civil Judge & J.M.F.C. Mysuru. The suit filed was decreed in part. Being aggrieved, the defendant Nos.2 to 4 have preferred this appeal.
4. As already noted, learned counsel for the respective parties have submitted that there is a settlement arrived at between the parties and appeal may be disposed in terms of the said settlement.
5. The parties are present before this Court.
They have been identified by their respective counsel. Appellant No.3 has given General Power of Attorney to appellant No.1. A copy of the Power of Attorney is also filed along with the Memorandum of Appeal.
6. When the parties were queried by this Court, they stated that they have indeed arrived at a settlement in the instant case and that the said settlement has been arrived on their own free volition without there being any coercion or undue influence from any side. They further stated that the appeal could be disposed of in terms of the compromise arrived at between them by modifying the judgment and decree of the trial Court.
7. The compromise petition is taken on record. It is noted that the same has been signed by the respective parties. Appellant No.1 has signed as the General Power of Attorney Holder of appellant No.3. The same reads as under:
"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF CRC, 1908:
The Appellants and the Respondents submit as follows:
1. The Appellants and the Respondents in the above appeal have settled their dispute amicably at the advice of the elders, friends and wel- wishers outside the court.
2. The schedule properties are being redefined in the compromise petition schedule with appropriate existing measurement and boundaries.
3. It is by consent the Decree Schedule ITEM No.1 i.e., Kenchappa Building situated at Saraswathipuram, Mysore is allotted to the share of the Appellants Nos.1 to 3 and the Respondent Nos.1 to 3 shall have no right over the said property and they release their entire right, title and interest over the said property in favour of Appellants Nos.1 to 3. The khatha of the plaint schedule item No.1 shall be recorded to the name of the Appellants Nos.1 to 3. The said property is being described in the sketch abutting to the compromise petition in their letter DWG1.
4. The Decree schedule ITEM NO.2 bearing No.344 of Navilu Road, A & B Block, Kuvempunagara Mysuru is allotted to the share of the Respondent Nos.1 to 3 jointly and the Appellant Nos.1 to 3 shall have no right over the said property and they release their entire right, title and interest over the said property in favour of the Respondent Nos.1 to 3. The khatha of the plaint schedule item No.2 shall be recorded to the name of the Respondent Nos.1 to 3. The said property is being described in the sketch abutting to the compromise petition in letter DWG2.
5. The Decree schedule ITEM No.3 bearing No.396/E, 2nd Main Road, Saraswathipuram, Mysuru (part of JK Towers) is allotted to the share of the Appellant Nos.1 to 3. The measurement of the said property is being specified in the sketch annexed to the compromise petition, the same measures East to West 61 ft. 8 inches and North to South 45 ft. The Respondent Nos.1 to 3 shall have no right over the said property and they release their entire right, title and interest over the said property in favour Appellant Nos.1 to 3. The khatha of the plaint schedule ITEM No.3 shall be recorded to the name of the Appellant Nos.1 to 3. The said property is being described in the sketch abutting to the compromise petition in letter DWG3.
6. The Decree schedule ITEM NO.4 bearing No.396/F, 2nd Main Road, Saraswathipuram, Mysuru (part of JK Towers) is allotted to the share of the Respondents Nos.1 to 3 jointly. Said item of the property totally measures East to West 61 ft. 8 inches and North to South 65 ft. The Appellant Nos.1 to 3 shall have no right, over the said property and they release their entire right, title and interest over the said property in favour of the Respondent Nos. 1 to 3. The khatha of the said property shall be recorded to the name of the Respondent Nos.1 to 3. The said property is being described in the sketch abutting to the compromise petition in letter DWG4.
6(a) The Appellants and the Respondents were also agreed that if the first Respondent desires to give his share to the Respondent Nos.2 & 3 after his death, the Appellants shall have no right over the said property and in the future they cannot claim any right over the same.
7. There are no other properties left to be partitioned between the Plaintiff and Defendants. There shall be no other relationship between the parties except the blood relationship.
8. The Appellants and Respondents have also agreed that this R.F.A.No.560/2018 on the file of the Hon’ble High Court of Karnataka at Bengaluru filed against the judgement and Decree passed in O.S.No.125/2010 in the court of IVth Addl. Sr. Civil Judge & JMFC, Mysore, in view of the compromise, this Hon’ble court may be pleased to modify the judgement & decree passed in O.S.No.125/2010 in the court of IVth Addl. Sr. Civil Judge & JMFC, Mysore, in terms of compromise petition.
9. The parties to this compromise petition are entitled to take possession of the schedule properties fallen to their respective shares as per this compromise petition.
SCHEDULE PROPERTIES 1. Kenchappa Building bearing Sy.No.2894/B, CH-10, No.2894/B1, CH-10 No.2894/B2, CH-10, No.2894/B3, CH-10, situated at Saraswathipuram, Mysuru and bounded on – East by : Galli West by : Pampapathi Road North by : Nachanahalli Siddayya Property South by : New Kantharaj Urs Road 2. House Property No.344, Navilu Road, A & B Block, Kuvempunagara, Mysore, measuring East to West 40 ft and North to South 60 ft and bounded on-
East by : Private property West by : Navilu Main Road North by : Jayalakshmi Property South by : Private property 3. Property No.396/E, J.K. Towers, 2nd Main, Kamakshi Hospital Road, Saraswathipura, Mysore, measuring East to West 61 ft and North to South 45 ft and bounded on -
East by : Galli & Petrol Bunk West by : 2nd Main Road North by : Private Property South by : Property No.396F 4. Property No.396/F, J.K. Towers, 2nd Main, Kamakshi Hospital Road, Saraswathipura, Mysore, measuring East to West 61 ft and North to South 65 ft and bounded on – East by : Gali & Petrol Bunk West by : 2nd Main Road North by : Property No.396E South by : Kamakshi Hospital Road.”
9. Learned counsel for the appellants submit that the appellants shall hand over possession of Item Nos.2 and 4 to the respondents within a period of one month from the date of receipt of certified copy of this judgment, after prior intimation to the respondents. The respondents will thereafter be entitled to enter their names in the revenue records and the appellants would co-operate in the said exercise. The parties further state that they would abide by the terms of the compromise.
10. We have perused the terms of the compromise and we find the same to be lawful. We do not find any legal impediment in accepting the compromise petition arrived at between the parties. It is further noted that the suit vis-à-vis Item Nos.5 to 7 has been dismissed and there is no appeal as against that portion of the judgment and decree of the trial Court.
11. In the circumstances, the judgment and decree of the trial Court is modified in terms of the compromise or settlement arrived at between the parties.
12. Appeal is accordingly disposed.
13. Registry to draw final decree in the aforesaid terms.
In view of the disposal of the appeal, I.A.No.3/2019 stands disposed.
Sd/- JUDGE Sd/- JUDGE VMB