IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 31579 OF 2018 (GM CPC) C/W WRIT PETITION NO. 31577 OF 2018 & WRIT PETITION NO. 31578 OF 2018 IN W.P. NO. 31579/2018:
BETWEEN:
1. SMT. RANGAMMA, W/O. LATE VENKATESH NAIDU, AGED ABOUT 57 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
2. SMT. PUSHPAVATHI, W/O. LATE VENUGOPAL NAIDU, AGED ABOUT 60 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
(BY SRI. N.NANJUNDA SWAMY, ADVOCATE) AND:
1. SRI. K.PANDURANGA, S/O. LATE KRISHNAPPA, AGED ABOUT 43 YEARS, 2. SRI. K.BABU, S/O. LATE KRISHNAPPA, AGED ABOUT 42 YEARS, 3. SMT. K.BHARATHI @ RANI, D/O. LATE KRISHNAPPA, AGED ABOUT 38 YEARS, … PETITIONERS (ABOVE DECREE HOLDERS ARE LRS OF LATE JAYAMMA, D/O LATE SRINIVASA NAIDU) ALL ARE RESIDING AT BEHIND T.A.P.C.M.S GODOWN, NEELAKANTANAGAR, NANJANAGUD, NANJANAGUD TALUK, MYSURU DISTRICT – 571 313.
… RESPONDENTS (BY SRI. VINAY D HOSMATH, ADVOCATE FOR SRI. D S HOSMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO SET-ASIDE/QUASH THE ORDER DATED 28.06.2018 PASSED ON I.A. NO.2, FILED UNDER SECTION 151 OF CPC, BY THEII ADDL. I CIVIL JUDGE AND JMFC, MYSURU IN EX.NO.429/2016, AS PER ANNEXURE-H AND CONSEQUENTLY ALLOW THE APPLICATION AT ANNEXURE-F.
IN W.P. NO. 31577/2018:
BETWEEN:
1. SMT. RANGAMMA, D/O LATE BALASUNDARA NAIDU, W/O. LATE VENKATESH NAIDU, AGED ABOUT 57 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
2. SMT. PUSHPAVATHI, W/O. LATE VENUGOPAL NAIDU, AGED ABOUT 60 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
(BY SRI. N.NANJUNDA SWAMY, ADVOCATE) AND:
1. SMT. G ANASUYA NAIDU, W/O LATE M B GANGADHARA NAIDU, AGED ABOUT 64 YEARS, 2. SMT. GEETHA S BABU, D/O LATE M B GANGADHARA NAIDU, AGED ABOUT 49 YEARS, … PETITIONERS 3. SMT. LALITHA M, D/O LATE M B GANGADHARA NAIDUR, AGE NOT KNOWN, 4. SRI. MAHESH BABU, S/O LATE M B GANGADHARA NAIDU, AGED ABOUT 46 YEARS, 5. SRI. DINESH NAIDU, S/O LATE M B GANGADHARA NAIDU, AGED ABOUT 42 YEARS, 6. SRI. YATHIRAJ, S/O LATE B L BABU NAIDU, AGED ABOUT 47 YEARS, (ABOVE RESPONDENTS ARE LRS OF LATE VENKATALAKSHMAMMA @ BEBAMMA, D/O LATE SRINIVAS NAIDU) ALL ARE RESIDING AT NO.22, 9TH MAIN, 5TH BLOCK, JAYALAKSHMIPURAM, MYSURU -570 012.
… RESPONDENTS (BY SRI. VINAY D HOSMATH, ADVOCATE FOR SRI. D S HOSMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER DATED 28.06.2018 PASSED ON I.A.2 FILED UNDER SEC 151 OF CPC BY THE ADDL. I CIVIL JUDGE AND JMFC, MYSURU IN EX.P.NO. 427/2016 AS PER ANNEX-H AND CONSEQUENTLY ALLOW THE APPLICATION AT ANNEX-F.
IN W.P. NO. 31578/2018:
BETWEEN:
1. SMT. RANGAMMA, W/O. LATE VENKATESH NAIDU, AGED ABOUT 57 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
2. SMT. PUSHPAVATHI, W/O. LATE VENUGOPAL NAIDU, AGED ABOUT 60 YEARS, R/AT 675, B.B.GARDEN ROAD, KHILLE MOHALLA, MYSURU-570004.
(BY SRI. N.NANJUNDASWAMY, ADVOCATE) AND:
1. SMT. LEELA, W/O LATE MUNISWAMY, AGED ABOUT 55 YEARS, 2. SMT. G HAMSAVENI, W/O T KRISHNAMURTHY NAIDU, AGED ABOUT 62 YEARS, 3. SMT. C SHYAMALA, S/O LATE G PRABHAKAR, AGED ABOUT 52 YEARS, 4. SRI. G SRINIVASA, S/O LATE G GOPALA NAIDU, AGED ABOUT 57 YEARS, 5. SRI Y R YATHISH, S/O LATE G RAJENDRA, AGED ABOUT 25 YEARS, 6. SRI R NAVEEN, S/O LATE G RAJENDRA, AGED ABOUT 21 YEARS, (ABOVE DECREE HOLDERS ARE LRS OF LATE PARVATHAMMA, D/O LATE SRNIVAS NAIDU) RESIDING AT NO.1152/1, OPP N.I.E. COLLEGE, 1ST CROSS, VIDYARANYAPURAM, MYSURU-570 008 … PETITIONERS … RESPONDENTS (BY SRI. VINAY D HOSMATH, ADVOCATE FOR SRI. D S HOSMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO SET-ASIDE/QUASH THE ORDER DATED 28.06.2018 PASSED ON I.A. NO.2, FILED UNDER SECTION 151 OF CPC, BY THE II ADDL. I CIVIL JUDGE AND JMFC, MYSURU IN EX.NO.428/2016, AS PER ANNEXURE-H AND CONSEQUENTLY ALLOW THE APPLICATION AT ANNEXURE-F.
THESE PETITIONS COMING ON FOR ORDERS ON BEING SPOKEN TO THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER These writ petitions were heard and disposed off vide judgment dated 10.10.2019. However, before the judgment was formally signed, the matters were got listed ‘For Being Spoken To’ stating that the parties post-decision have amicably settled the lis.
2. Accordingly the matters were taken up together for reconsideration today. All the interested parties to the petitions have filed three Joint Memos reporting settlement of the dispute in terms thereof.
3. The Joint Memo in W.P.No.31577/2018 reads as under:
“JOINT MEMO The Petitioners and the Respondents submits as follows:-
The Petitioners and the Respondents have settled amicably the dispute between them by the intervention of elders and family friends as follows:
1. The Respondents have agreed to sell the below mentioned schedule property to the Petitioners or their legal representatives for a total sale consideration amount of Rs.28,00,000/-. The Petitioners are agreed to purchase the Schedule Property for the above said Sale Consideration amount.
2. The Petitioner has paid Rs. 5,00,000/- as part of sale consideration amount to the G.Mahesh Naidu the Respondent No.4 in the above case vide DD No: 731457 dated 15.10.2019 for Rs.2,50,000/- drawn on State Bank of India, Bangarpet Branch, Kolar District and DD No: 908236 for Rs.2,50,000/- dated 15.10.2019 drawn on Cauvery Grameena Bank, Mysore Main, Mysore. He acknowledge the receipt of above said Rs.5,00,000/ on behalf of all the Respondents.
3. The Petitioners or their LRs have agreed to purchase the below mentioned schedule property on or before 17.01.2020 by paying remaining sale consideration amount of Rs.23,00,000/- to the Respondents.
4. The Respondents shall execute the registered Sale Deed in respect of Schedule Property in favour of Sri. V.Subrahmanya, Sri V. Sringaravelu @ Dhananjaya, V.Ravi Kumar Sri. V. Chandrashekar, Sri Manjunath.S and Smt. Gowramma or any of them as they are the LRs of Petitioners.
5. The Respondent No.4 & 5 undertakes to bring the other Respondents i.e Respondent No.1 to 3 and all the Respondents shall execute the sale deed on or before 17.1.2020 after receipt of balance sale consideration amount of Rs.23,00,000/ 6. The Petitioners and their LRs have also agreed to purchase the portion of Smt. Nagamma and Smt. Salamma on the same day if they and their LRs come and execute the sale deed in favour of the Petitioners or above named persons after receipt of Rs.28,00,000/- each.
7. If the Petitioners and their LRs not get the sale deed in their favour or in favour of the persons as stated above on or before 17.1.2020, the Petitioners and their LRs shall deliver vacant possession of the below mentioned schedule property to the respondents.
8. The Respondents shall not execute the Final Decree dated 14.06.2016 passed by the Hon’ble 2nd Addl. 1st Civil Judge and JMFC, Mysore in FDP No. 16/2013 till 17.1.2020.
9. The Respondents shall get the Khatha of the Schedule Property before 17.1.2020 in their names and up-to-date taxes of the Schedule Property shall be borne by the Petitioners are their LRs.
Wherefore, this Hon’ble Court may be pleased to dispose of the above Writ Petition, in terms of Joint Memo, in the interest of justice.
SCHEDULE PROPERTY All the piece and parcel of house property bearing Municipal Door No.675, situated at B.B Garden road, Khile Mohalla, Mysore, on measuring East to West 80 feet, North to South 60 feet, with mud wall and country filed roofing construction on the western, north western and south-western sides only, bounded on the east by B.B Garden road, on the West by conservancy lane, on the North by house bearing No. 676 and on the south by House bearing NBo.674.
Out of the above said schedule property the 1st portion of the property shown in the sketch filed by the Court Commissioner in FDP No: 16/2013 measuring east to west 16 feet on Southern side and 16.8 feet on northern side and north to south 48 feet belongs to the above Decree Holders bounded on:
East: B.B Garden Road West: Portion allotted to LRs of Late Nagamma North: House bearing No.676 South: House bearing No. 674.
The parties have signed this compromise petition on this day of 16th October, 2019 at Bengaluru”.
4. The attendant parties and their signatures are identified by their respective counsel. This Court too interacted with the parties. The Joint Memos reporting settlement appear to be bona fide and lawful and will put quietus to the litigation.
5. The Joint Memo in W.P.No.31578/2018 reads as under:
“JOINT MEMO The Petitioners and the Respondents submit as follows:-
The Petitioners and the Respondents have settled amicably the dispute between them by the intervention of elders and family friends as follows:
1. The Respondents have agreed to sell the below mentioned schedule property to the Petitioners and their legal representatives for a total sale consideration amount of Rs.28,00,000/-. The Petitioner are agreed to purchase the Schedule Property for the above said Sale Consideration amount.
2. The Petitioner has paid Rs. 5,00,000/- as part of sale consideration amount to the Smt. Shyamala – Respondent No.3 in the above case vide DD No: 731458 dated 15.10.2019 for Rs.2,50,000/- drawn on State Bank of India, Bangarpet Branch, Kolar District and DD No: 908235 for Rs.2,50,000/- dated 15.10.2019 drawn on Cauvery Grameena Bank, Mysore Main, Mysore. She acknowledge the receipt of above said Rs.5,00,000/ on behalf of all the Respondents.
3. The Petitioners and their LRs have agreed to purchase the below mentioned schedule property on or before 17.01.2020 by paying remaining sale consideration amount of Rs.23,00,000/- to the Respondents.
4. The Respondents shall execute the registered Sale Deed in respect of Schedule Property in favour of Sri. V.Subrahmanya, Sri V. Sringaravelu @ Dhananjaya, V.Ravi Kumar Sri.
V. Chandrashekar, Sri Manjunath.S and Smt. Gowramma or any of them as they are the LRs of Petitioners.
5. The Respondent No.3 undertakes to bring the other Respondents i.e Respondent No.1,2,4,5, & 6 shall execute the sale deed on or before 17.1.2020 after receipt of balance sale consideration amount of Rs.23,00,000/.
6. The Petitioners and their LRs have also agreed to purchase the portion of Smt. Nagamma and Smt. Salamma on the same day if they and their LRs come and execute the sale deed in favour of the Petitioners or above named persons after receipt of Rs.28,00,000/- each.
7. If the Petitioners and their LRs not get the sale deed in their favour or in favour of the persons as stated above on or before 17.1.2020, the Petitioners and their LRs shall deliver vacant possession of the below mentioned schedule property to the respondents.
8. The Respondents shall not execute the Final Decree dated 14.06.2016 passed by the Hon’ble 2nd Addl. 1st Civil Judge and JMFC, Mysore in FDP No. 16/2013 till 17.1.2020.
9. The Respondents shall get the Khatha of the Schedule Property before 17.1.2020 in their names and up-to-date taxes of the Schedule Property shall be borne by the Petitioners are their LRs.
Wherefore, this Hon’ble Court may be pleased to dispose of the above Writ Petition, in terms of Joint Memo, in the interest of justice and equity.
SCHEDULE PROPERTY All the piece and parcel of house property bearing Municipal Door No.675, situated at B.B Garden road, Khile Mohalla, Mysore, on measuring East to West 80 feet, North to South 60 feet, with mud wall and country filed roofing construction on the western, north western and south-western sides only, bounded on the east by B.B Garden road, on the West by conservancy lane, on the North by house bearing No. 676 and on the south by House bearing NBo.674.
Out of the above said schedule property the 3rd portion of the property shown in the sketch filed by the Court Commissioner in FDP No: 16/2013 measuring east to west 16 feet on Southern side and 16.8 feet on northern side and north to south 48 feet belongs to the above Decree Holders bounded on:
East: Portion of allotted to LRs of Nagamma.
West: Portion allotted to LRs of Late Salamma @ Shakuntalamma.
North: House bearing No.676 South: House bearing No. 674.
The parties have signed this compromise petition on this day of 16th October, 2019 at Bengaluru”.
6. The Joint Memo in W.P.No.31579/2018 reads as under:
“JOINT MEMO The Petitioners and the Respondents submit as follows:-
The Petitioners and the Respondents have settled amicably the dispute between them by the intervention of elders and family friends as follows:
1. The Respondents has agreed to sell the below mentioned schedule property to the Petitioners and their legal representatives for a total sale consideration amount of Rs.28,00,000/-. The Petitioners are agreed to purchase the Schedule Property for the above said Sale Consideration amount.
2. The Petitioner have paid Rs. 5,00,000/- as part of sale consideration amount to the Smt. K.Rani – Respondent No.3 in the above case vide DD No: 844601 dated 14.10.2019 for Rs.2,50,000/- drawn on Punjab National Bank, V.V Market, Mysore and DD No: 908237 for Rs.2,50,000/- dated 15.10.2019 drawn on Cauvery Grameena Bank, Mysore Main, Mysore. She acknowledge the receipt of above said Rs.5,00,000/ on behalf of all the Respondents.
3. The Petitioners and their LRs have agreed to purchase the below mentioned schedule property on or before 17.01.2020 by paying remaining sale consideration amount of Rs.23,00,000/- to the Respondents.
4. The Respondents shall execute the registered Sale Deed in respect of Schedule Property in favour of Sri. V.Subrahmanya, Sri V. Sringaravelu @ Dhananjaya, V.Ravi Kumar Sri.
V. Chandrashekar, Sri Manjunath.S and Smt. Gowramma or any of them as they are the LRs of Petitioners.
5. The Respondent No.3 undertakes to bring the other Respondents i.e Respondent No.1 and daughter of Respondent No.2, (since Respondent No.2 dead) and all they shall execute the sale deed on or before 17.1.2020 after receipt of balance sale consideration amount of Rs.23,00,000/ 6. The Petitioners and their LRs have also agreed to purchase the portion of Smt. Nagamma and Smt. Salamma on the same day if they and their LRs come and execute the sale deed in favour of the Petitioners or above named persons after receipt of Rs.28,00,000/- each.
7. If the Petitioners and their LRs not get the sale deed in their favour or in favour of the persons as stated above on or before 17.1.2020, the Petitioners and their LRs shall deliver vacant possession of the below mentioned schedule property to the respondents.
8. The Respondents shall not execute the Final Decree dated 14.06.2016 passed by the Hon’ble 2nd Addl. 1st Civil Judge and JMFC, Mysore in FDP No. 16/2013 till 17.1.2020.
9. The Respondents shall get the Khatha of the Schedule Property before 17.1.2020 in their names and up-to-date taxes of the Schedule Property shall be borne by the Petitioners are their LRs.
Wherefore, this Hon’ble Court may be pleased to dispose of the above Writ Petition, in terms of Joint Memo, in the interest of justice and equity.
SCHEDULE PROPERTY All the piece and parcel of house property bearing Municipal Door No.675, situated at B.B Garden road, Khile Mohalla, Mysore, on measuring East to West 80 feet, North to South 60 feet, with mud wall and country filed roofing construction on the western, north western and south-western sides only, bounded on the east by B.B Garden road, on the West by conservancy lane, on the North by house bearing No. 676 and on the south by House bearing NBo.674.
Out of the above said schedule property the 5th portion of the property shown in the sketch filed by the Court Commissioner in FDP No: 16/2013 measuring east to west 16 feet on Southern side and 16.8 feet on northern side and north to south 48 feet belongs to the above Decree Holders bounded on:
East: Portion allotted to LRs of Late Salamma @ Shakuntalamma.
West: Conservancy lane. North: House bearing No.676. South: House bearing No. 674.
The parties have signed this compromise petition on this day of 16th October, 2019 at Bengaluru”.
7. There is no impediment for disposing off these writ petitions in terms of these Joint Memos. Accordingly the impugned order having been set at naught, the writ petitions are disposed off in terms of the said Joint Memos.
The parties and their counsel shall sign the order sheet signifying their consent to the compromise in terms of the Joint Memos, which shall be read as part & parcel of this judgment.
No costs.
Sd/- JUDGE Snb/