IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD R.F.A. NO.900 OF 2012 (DEC) BETWEEN :
1. SMT. PREMALATHA S. HEGDE WIFE OF LATE K. SATHISHCHANDRA HEGDE AGED ABOUT 65 YEARS.
2. MR. HIREN HEGDE SON OF LATE K. SATHISHCHANDRA HEGDE AGED ABOUT 41 YEARS.
3. SMT. RAMITHA S. SHETTY DAUGHTER OF LATE K. SATHISHCHANDRA HEGDE AGED ABOUT 33 YEARS.
ALL ARE RESIDING AT " ALANKAR " , AJJARKAD, UDUPI TALUK & DISTRICT- 576101.
... APPELLANTS (BY SHRI K. CHANDRANATH ARIGA, ADVOCATE) AND :
1. SMT. RENUKA RAO AGED ABOUT 61 YEARS WIFE OF LATE S. SEETHARAMA RAO.
2. SRI. RAJENDRA RAO AGED ABOUT 39 YEARS SON OF LATE S. SEETHARAMA RAO.
BOTH ARE RESIDING AT B-203, TERRACE, GARDEN, BANASHANKARI III STAGE, BANGALORE-82 ... RESPONDENTS (BY SRI S JAYARAMA BHATT, ADVOCATE FOR R1 & R2) THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 2.3.2012 PASSED IN O.S.14 OF 2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND A.C.J.M., KARKALA, DISMISSING THE SUIT FOR DECLARATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is listed for orders. Learned counsel for the respective parties submit that this appeal could be disposed of in terms of the compromise/settlement arrived at between the parties.
2. They further submit that the Memorandum of Settlement has been drawn and a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’ for brevity) is being filed and that the terms of the compromise/settlement is being complied with before this Court.
3. This appeal is filed by the plaintiffs in O.S. No.14 of 2009 being aggrieved by the dismissal of the suit by judgment and decree dated 02.03.2012 by the Senior Civil Judge and A.C.J.M., Karkala. In the said suit, the plaintiffs had sought for a declaration that late S.Seetharama Rao executed Will dated 31.08.2000 registered on 20.12.2001 as Document No.112/237/2001- 02 in the office of the Sub-Registrar, Udupi, bequeathing ‘A’ Schedule properties in favour of late K. Satishchandra Hegde, who is the husband of plaintiff No.1/appellant No.1 herein and father of plaintiffs No.2 and 3 / appellants No.2 and 3 herein absolutely and that they are entitled for mutation of the record of rights in respect of the said properties in their favour. As already noted, the said suit was dismissed by the trial Court. Being aggrieved, the plaintiffs have preferred this appeal.
4. During the pendency of the appeal, the parties have negotiated a settlement and today they submit through their respective counsel that this appeal may be disposed off in accordance with law as per the settlement arrived at between the parties. The parties are also present in Court. They have been identified by their respective counsel. They submit that they have arrived at this Settlement on their volition without there being any undue influence or coercion from any quarter. They submit that the appeal may be disposed off in terms of the settlement arrived at between them.
5. The compromise petition filed under Order XXIII Rule 3 of C.P.C. is taken on record and perused.
6. It is noted that the same is signed by appellant No.1 and appellant No.3, and appellant No.1 has also signed on behalf of appellant No.2 on the strength of General Power of Attorney executed by appellant No.2 in favour of his mother, appellant No.1, a copy of which is also appended to the compromise petition. The parties submit that they would abide by the terms and conditions of the compromise.
7. Learned counsel for the appellants submits that a demand draft bearing No.057740 dated 18.03.2019 for a sum of Rs.4,00,000/- obtained from Bank of Baroda, Palace Orchards, Bengaluru, is being handed over to learned counsel for respondents No.1 and 2, who acknowledges receipt of the same on behalf of respondents No.1 and 2. The relevant portion of compromise petition reads as under :
“4. Accordingly this compromise petition is entered into in the following manner.
5. The respondents have received a sum of Rs.4,00,000/- from the appellants by way of Demand Draft bearing No.057740 drawn on Bank of Baroda, Palace Orchards, Bangalore, dated 18.03.2019.
(a) The respondents admit that late Seetharama Rao executed the Will dated 31.08.2000 and registered on 20.12.2001 in favour of Satishchandra Hegde bequeathing the plaint ‘A’ schedule properties in his favour and that is the last and final Will of late Seetharama Rao.
(b) The properties described in Schedule ‘A’ to the plaint and morefully described in this compromise petition at Schedule ‘A’ are the absolute properties of the plaintiffs/appellants.
(c) The appellants are entitled for change of mutation of the ‘A’ schedule properties and other properties if any to be changed in their name and are entitled to continue to be in possession and enjoyment of the properties as the absolute owners.
(d) A direction be issued to the revenue officials to change the mutation in respect of the Schedule ‘A’ properties in the name of the appellants.
6. The parties named above agreed for the terms and have signed this compromise petition.
Schedule ‘A’ DESCRIPTION OF THE PROPERTY Immovable property situated in KANTHAVARA VILLAGE of Karkala Taluk and comprised of :
The above properties with all the appurtenances thereto.”
8. As already noted, the parties submit that they would abide by the aforesaid terms of compromise. In the circumstances, this appeal is disposed off in terms of the compromise arrived at between the parties by setting aside the judgment and decree passed by the trial Court.
9. Office to draw a decree in terms of the compromise arrived at between the parties.
Sd/- JUDGE Sd/- JUDGE hnm