IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD RFA NO.1294/2014(PAR) BETWEEN:
1. SARASWATHAMMA W/O MUNIVENKATAREDDY AGED ABOUT 67 YEARS OMBANTUGULLI, BANGARPETE TALUK KOLAR DISTRICT-563114.
2. SMT. RUKMINIYAMMA W/O LATE RAGHUPATHIREDDY AGED ABOUT 48 YEARS 3. R. SHIVAPPA S/O LATE RAGHUPATHIREDDY AGED ABOUT 30 YEARS 4. R. RAJASHEKAR S/O LATE RAGHUPATHIREDDY AGED ABOUT 25 YEARS 5. R. NANDINI D/O LATE RAGHUPATHIREDDY AGED ABOUT 25 YEARS APPELLANTS 2 TO 5 ARE R/AT BILESHIVALE VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK-560025 (BY SRI. G B SHARATH GOWDA, ADV.) AND 1. MUNIVENKATAREDDY S/O KALAREDDY AGED ABOUT 76 YEARS 2. SMT. GOWRAMMA W/O MUNIVENKATAREDDY AGED ABOUT 61 YEARS RESPONDENTS 1 AND 2 ARE R/AT POOJENA AGRAHARA KASABA HOBLI, HOSKOTE TALUK-562114 BANGALORE RURAL DISTRICT BANGALORE.
3. SRI. K. BALAREDDY S/O LATE KALAPPA AGED ABOUT 46 YEARS R/AT CHIKKA GATIGANAHABBE VILLAGE ... APPELLANTS HOSKOTE KASABA, HOSKOTE TALUK-562114 BANGALORE RURAL DISTRICT.
... RESPONDENTS (BY SRI. H R MANJUNATHA, ADV. FOR C/R1 & R2 R3 IS SERVED, UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE (1) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.6.2014 PASSED IN O.S.NO.1260/2008 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE SUIT FOR PARTITION.
THIS RFA COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is listed for orders as the parties have filed a memorandum of compromise under Order XXIII Rule 3 of Code of Civil Procedure, 1908.
2. Learned counsel for the respective parties submitted that this appeal could be disposed off in terms of the compromise arrived at between the parties. Memorandum of compromise petition is also been filed by the learned counsel for the respective parties.
3. Plaintiffs in O.S.No.1260/2008 have filed this appeal, assailing the judgment and decree passed by the II Additional Senior Civil Judge, Bangalore Rural District, Bangalore dated 3.6.2014 by which, the suit seeking relief of partition and separate possession by the appellants- plaintiffs was dismissed.
4. Learned counsel for the respective parties submit that during the pendency of this appeal, parties have negotiated a settlement and the appeal may be disposed off in terms of the settlement arrived at between the parties.
5. Parties are present before the Court. They have been identified by their respective counsel. Parties submit that the dispute between them have been settled amicably and that the appeal may be disposed off in terms of the compromise arrived at between them. Memorandum of Compromise Petition is taken on record. It is signed by each of the parties as well as by their respective counsel. The same reads as under:
“MEMORANDUM OF JOINT COMPROMISE PETITION FILED BY THE PARTIES TO THE ABOVE APPEAL UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE.
The Appellants and Respondents submit as follow:
1. The appellants herein were the plaintiffs in O.S.No.1260/2008 on the file of Hon’ble II Additional Senior Civil Judge, Rural District, Bangalore, which was filed against the respondents 1 to 3 seeking the relief of partition and separate possession of their share over the said suit properties. After full fledged trial, the learned trial judge was pleased to dismiss the suit of the plaintiffs holding that suit properties are self acquired properties of Respondent No.2 herein- Smt.Gowramma and that plaintiffs have failed to prove that the suit properties are joint family properties as per judgment and decree dated 03.06.2014. Challenging the said judgment and decree, the above appeal is preferred. In the above appeal, the respondents 1 and 2 have appeared through their counsel and contested the matter. The defendant No.3-one Bala Reddy was placed exparte. The records of the Hon’ble Court below were secured and the above matter is set down for final hearing.
2. In addition to filing of the above civil dispute, the appellant No.1 Smt.Saraswathamma has also filed a Petition seeking Maintenance in Crl.Misc.No.414/2010 against the Respondent No.1-Sri.K.Munivenkatareddy on the file of Hon’ble 4th Addl. Judge; Family courts; at Bangalore. After trial, the learned judge of Family Court was pleased to dismiss the said petition. Challenging the said order, the appellant No.1 herein has preferred R.P.F.C. No.71/2016 before the Hon’ble High Court of Karnataka, Bangalore and the said Petition is also pending for final disposal.
3. In addition to that, the appellant No.1 herein has filed a Private complaint against the respondent No.1 alleging the offence under section 494 of IPC on the file of Hon’ble 11th Additional Chief Metropolitan Magistrate, Mayohall, Bangalore and the learned Magistrate was pleased to refer the matter for investigation and the said case in C.C.No.52201/2017 is also pending trial.
4. At this juncture, upon the advice of the elders and common friends, the parties hereto have decided to amicably settle the issue/s between them and accordingly, the parties hereto have decided to amicably resolve the above disputes as per the compromise terms agreed hereunder;
a) As per the terms agreed, the Respondent No.1/defendant No.1 shall pay to pay a sum of Rs.35,00,000/-(Rupees Thirty Five lakhs only) to the appellants herein, as a full and final settlement towards appellants’ claims made under the above referred disputes/cases as full and final settlement. The appellants herein have also agreed for the same. The above said sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) shall be payable in the following manner;
i) A sum of Rs.25,00,000/-(Rupees Twenty Five lakhs only) shall be payable to the appellants 1 to 5 herein on the date of reporting settlement in the above appeal i.e., R.F.A.No.1294/2014 before this Hon’ble Court. Accordingly, the following payments are made;
a) A sum of Rs.5,00,000 (Rupees Five Lakhs only) is paid by way of Demand draft bearing No.844085 dated:22.02.2019 drawn on State Bank of India, Hoskote Branch, in the name of Smt.Saraswathamma.
b) A sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) is paid by way of Demand draft bearing No.844083 dated: 22.02.2019 drawn on State Bank of India, Hoskote Branch, in the name of Smt.Rukmaniyamma.
c) A sum of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand only) is paid by way of demand draft bearing No.844082 dated: 22.02.2019 drawn on State Bank of India, Hoskote Branch, in the name of Smt.R.Shivappa d) A sum of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand only) is paid by way of Demand draft bearing No.844081 dated:22.02.2019 drawn on State Bank of India, Hoskote Branch, in the name of Smt.R.Rajashekar.
e) A sum of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand only) is paid by way of Demand draft bearing No.844084 dated 22.02.2019 drawn on State Bank of India, Hoskote Branch, in the name of Smt. Nandini.
g) A sum of Rs.10,00,000/- (Rupees Ten Lakhs only) shall be payable on reporting settlement before this Hon’ble Court.
ii) It is mutually agreed upon between the parties hereto that, having regard to fact that, appellant No.1 is residing separately from respondent No.1 for several years and since no decree of divorce is passed between them, the parties hereto have mutually agreed that a petition for Divorce shall be filed between appellant No.1 and respondent No.1. Another sum of Rs.10,00,000/- (Rupees Ten Lakhs only) shall be payable to the appellant No.1 herein on the date, the decree of divorce is granted.
iii) In view of the settlement, the first appellant herein undertakes to withdraw RPFC No.71/2016 which is pending on the file of this Hon’ble Court.
iv) It is mutually agreed upon between the parties hereto that, in view of compromise being entered into between the parties hereto and the matter has been fully settled between the parties hereto, the appellant No.1 shall withdraw and co-operate with the respondent No.1 for closure of Criminal case in C.C.No.52201/2017 pending on the file of Hon’ble 11th Additional Chief Metropolitan Magistrate, Mayo hall, Bangalore.
b) In pursuance of the above, the appellants do hereby ratify, confirm and declare that the suit properties in O.S.No.1260/2008 and also the subject matter of above appeal, is the self acquired properties of Respondent No.2 Smt. Gowramma and further confirm that they have no manner of right, title, interest and possession over the said properties and they have no objection or impediment for the respondent No.2 to continue to be the exclusive owner in possession of said properties and enjoy the same as she may like.
c) The appellants do hereby confirm the RELEASE DEED dated: 18.06.1984 executed by appellant No.1 in favour of respondent No.1 herein which were duly registered as Document No.53, Book IV, Volume 22 at pages 201-203 in the office of the sub-registrar, Hoskote and also the RELEASE DEED dated: 13.06.1984 executed by Sri.Raghupathi Reddy (now no more)-the husband and father of appellants 2 to 5 herein, in favour of respondent No.1, which was duly registered as document No.52, Book IV, Volume 22 at pages 200-201 in the office of the sub-registrar, Hoskote, which were executed after receiving amounts mentioned therein. The appellants further confirm that the said release deed is valid and binding on them and accordingly, they have no manner of claim of whatsoever nature against the respondents in respect of suit properties in O.S.No.1260/2008.
d) The appellants do hereby confirm and declare that the suit property item No.3 i.e., the land bearing Sy.No.53 measuring 1 acre 22 guntas of Poojena Agrahara, Kasaba Hobli, Hoskote Taluk is not at all belonged to any of the parties to the above appeal and out of oversight, the said property belongs to some other Gowramma in the village was erroneously included and as such, they have no manner of right, title, interest or possession over the said property.
e) In view of the above compromise entered into between the parties, neither the appellants nor their heirs have no manner of right, title, interest or possession over the suit properties in O.S.No.1260/2008 i.e., (1) Land in Sy. No.29/1 measuring 1 acre (2) Sy. No.29/2 measuring 2 acres 32 guntas both situated at Chikkagattiganabbe Village, Kasaba Hobli, Hoskote taluk, Bangalore Rural District and (3) Sy.No.126 measuring 20 guntas and Sy.No.127 measuring 20 guntas both situated at Pujenaagrahara Village, Kasaba Hobli, Hoskote Taluk, Bangalore District, which are absolutely belonged to respondent No.2-Smt.C.Gowramma and also they have no manner of right or claim over the pension and such other benefits of respondent No.1 Sri.K.Munivenkatareddy. The respondent No.2 shall own, possess and enjoy the said suit properties in any manner as she may like and for which, the appellants have no objections or impediment.
f) The appellant No.1 do hereby agree and undertake to get the criminal case in C.C.No.52201/2017 withdrawn/closed before the competent Court by reporting the settlement arrived at hereunder and in this regard, the appellants hereby agree to co-operate with the respondents.
Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to record the above compromise and dispose of the above case in terms of compromise entered into between the parties hereto, in the interest of justice and equity.
1. Sd/-
2. Sd/-
3. Sd/-
4. Sd/-
Sd/- 5.Sd/-
Advocate for Appellant Appellants 1. Sd/-
Sd/- 2. Sd/-
Advocate for Respondent No.1 & 2 Respondents 1 & 2 Bangalore Dated:14.03.2019”
6. Parties agree to abide by the terms and conditions of the settlement arrived at between them.
7. Learned counsel for the respondents submits that in terms of Clause-4(a) of the compromise petition, seven demand drafts have been handed over to the learned counsel for the appellants, the details of which are mentioned in Clause-4(a)(i)(a) to (g) except two demand drafts, one bearing No.843804 for a sum of Rs.5,00,000 drawn on State Bank of India, Hoskote Branch dated 2.4.2019 and another bearing No.843803 for a sum of Rs.5,00,000/- drawn on State Bank of India, Hoskote Branch dated 2.4.2019 which are also being handed over.
8. Learned counsel for the appellants-plaintiffs acknowledges the receipt of the aforesaid demand drafts on behalf of the appellants.
9. We have noted the terms and conditions of the settlement and we find that they are lawful and there is no legal impediment for accepting the compromise arrived at between the parties.
10. In the circumstances, the impugned judgment and decree of the trial court is set aside. The appeal is disposed off in terms of the aforesaid settlement arrived at between the parties.
11. In view of disposal of the appeal, I.A.1/2017 stands disposed of.
Sd/- JUDGE Sd/- JUDGE DM/-