IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD R.S.A.No.1584 OF 2011(DEC-INJ) BETWEEN:
Vaddara Hanumanthappa, Since dead by LRs.
Smt. Nagamma, W/o Chandru @ Lambu Chandru, Aged about 48 years, Bovi Community, R/o Manjunatha Badavane, Milgatta, Shivamogga Pin-577201. … Appellant (By Sri.G.M.Ananda., Advocate) AND:
Thippa Bovi, S/o Hanumantha Bovi, Aged about 55 years, KEB Line-Man, R/o Kumbareshwara Village, Bovi Colony, Kumsi Town, Shivamogga Tq and District Pin-577423. ... Respondent (By Smt.Irfana Nazeer, Advocate) This RSA is filed under Section 100 of CPC., against the Judgment and Decree dated: 21.03.2011 passed in R.A.No.149/2006 on the file of II-Additional Senior Civil Judge, Shivamoga, allowing the appeal setting aside the judgment and decree dated:19.09.2006, passed in O.S.253/2004 on the file of the II-Additional Civil Judge, (Jr.Dn.) Shimoga.
This RSA coming on for orders, this day, the Court, delivered the following:
J U D G M E N T The learned counsel for the parties have filed a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure.
2. The respondent herein has filed a suit in O.S.No.253/2014 before the II Additional Civil Judge (Jr.Dn.) and JMFC, Shimoga for declaration and injunction. By judgment and decree dated 19.09.2006 the suit came to be dismissed. Being aggrieved by the same, the plaintiff has filed R.A.No.149/2006 before the II Additional Senior Civil Judge, Shivamogga. The same was allowed by judgment and decree dated 21.03.2011. The suit has been decreed. Being aggrieved by the same, the defendant filed this regular second appeal before this Court under Section 100 of Civil Procedure Code.
3. Now that both the parties have filed a compromise petition. The parties are present before the Court. They have been identified by their respective counsel. The compromise petition reads as hereunder:
“The Appellant and the Respondent herein jointly submit as follows:
In terms of the accompanying affidavits, the Appellant and the respondent respectfully submit that the Appellant and the Respondent have come to amicable settlement in the following manner:
(i) The appellant shall handover the possession of the suit schedule property to the respondent within 3(three) months from the date of disposal of the present appeal;
(ii) In lieu of the same, the Respondent shall pay an amount of Rs.1,00,00/- (Rupees One Lakh Only) by way of (two) cheques, as detailed in the affidavits to the Appellant;
(iii) Both the appellant and the Respondent hereby settle any and all claims against the other, and state that all other claims, if any, of representatives, legal heirs, assignees, etc., shall stand forfeited and subjected to this compromise between the appellant and the respondent.
Wherefore, it is humbly prayed that this Hon’ble Court may be pleased to dispose of the present appeal in the aforesaid manner, in the interest of justice and equity.”
AFFIDAVIT I, Smt. Nagamma wife of Chandru @ Lambu Chandru, aged about 53 years, residing at Manjunatha Badavane, Milgatta, Shivamogga-
577 201 today at Bangalore do hereby affirm and state on oath as follows:
1. I state that I am the only legal representative of the Appellant herein and hence well conversant with the facts and circumstances of the case.
2. I submit that the averments of the Appeal may kindly be read as part and parcel of this affidavit to avoid repetition of the facts.
3. I submit that due to my age and health conditions, I have attempted to amicably settle the preset dispute with the Respondent herein and have thus, reached the following understanding through advice and counsel of elders of our village.
4. I submit that I hereby undertake to hand over the suit schedule property in question to the Respondent bearing Katha No.1130/989/989, containing a Mangalore tiled house measuring 20Ftx30Ft constructed in a total extent of 30Ftx40Ft, having vacant space in the front and in the backyard.
5. I submit that in lieu of the same, I agree to receive an amount of Rs.1,00,000/- (Rupees One Lakh Only) through 2 (two) post-dated cheque/s bearing No.653155 and 653156 dated:10.09.2019 drawn on Syndicate Bank, Kumsi Branch, from the Respondent towards the legal expenses incurred by me and my father throughout.
6. I further state that, I am an aged person and have no strength to fight out for the case. In the presence of the village elders and family members we were advised to settle the issue amicably and hence I along with the Respondent come to an amicable settlement.
7. I submit that I forfeit the claim, if any by me, my legal heirs, family members, power of attorney holders, etc. to the above detailed property in favour of the Respondent herein.
8. I further submit that though the contents of this affidavit are in English, each word of this affidavit is explained to me in the best language known to me i.e., in Kannada and I hereby attest my thumb impression to this affidavit in my full conscious and free will, and not due to any kind of force, coercion, etc.
Hence, I do swear in the name of God that, what is stated above is true and correct to the best of my knowledge, information and belief.
Place: Bangalore Sd/- Date: 27.08.2019 Deponent VERIFICATION I, Smt.Nagamma, do hereby state that what is stated above and in the Affidavit and joint memo is true and correct to the best of my knowledge, information and belief.
Identified by me Sd/- Sd/-
Advocate Deponent”
4. In terms of the compromise petition filed by the parties, this appeal is disposed of.
5. Office is directed to draw the decree in terms of the compromise petition.
Cm/-
Sd/- JUDGE