IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MAY, 2022

PRESENT

THE HON'BLE MR. JUSTICE G.NARENDAR

AND

THE HON'BLE MR. JUSTICE P.N.DESAI

REGULAR FIRST APPEAL NO.2112/2016

BETWEEN:

• 1. SMT. LAKSHMAMMA W/O LATE V.VENKATARAMAIAH AGED ABOUT 71 YEARS RESIDING AT NO.6 BASAVANNA TEMPLE STREET 5 TH CROSS ROAD, CHICKPET BENGALURU-560053
• 2. SMT. MANJULA D/O LATE V.VENKATARAMAIAH AGED ABOUT 50 YEARS RESIDING AT NO.53 MALATHALLI BANGALORE UNIVERSITY BENGALURU – 560 071.
• 3. SMT. BHAGYAMMA D/O LATE V.VENKATARAMAIAH AGED ABOUT 49 YEARS RESIDING AT NO.84, 4TH CROSS VIDYARANYANAGARA VIJAYANAGARA BENGALURU – 560 023.

... APPELLANTS

(BY SRI PIYUSH KUMAR JAIN D, ADV.)

AND:

1. MASTER CHARAN S/O LATE GOVINDARAJU AGED ABOUT 17 YEARS,

SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN & MOTHER SMT. MANJULA

• 2. KUMARI SHALINI D/O LATE GOVINDARAJU AGED ABOUT 18 YEARS
• 3. SMT. MANJULA N W/O LATE GOVINDARAJU AGED ABOUT 37 YEARS ALL ARE RESIDING AT NO.6 BASAVANNA TEMPLE STREET 5 TH CROSS ROAD, CHICKPET BENGALURU – 560 053.
• 4. SMT. BHUVANESHWARI N.V D/O LATE V.VENKATARAMANAIAH W/O THIMMAPPA AGED ABOUT 43 YEARS RESIDING AT MPM LAYOUT 3 RD MAIN ROAD, 2ND CROSS YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 056.
• 5. SMT. RAJESWARI D/O LATE V.VENKATARAMANAIAH W/O MURTHY AGED ABOUT 47 YEARS RESIDING AT MPM LAYOUT 3 RD MAIN ROAD, 2ND CROSS YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 056.

SINCE DECEASED REPRESENTED BY LEGAL REPRESENTATIVES

• 5(a) NAVEEN N S/O LATE MR.NARASIMHAMURTHY C J AGED ABOUT 29 YEARS,
• 5 (b) CHANDAN N S/O LATE MR.NARASIMHAMURTHY C J AGED ABOUT 23 YEARS,

BOTH RESIDING AT NO.36, 8 TH CROSS ROAD, CHOLURPALYA, MAGADI ROAD, BENGALURU-560023.

... RESPONDENTS

(BY SRI J.LAKSHMIPATHI, ADV. FOR SMT. GIRIJA, ADV. FOR R1 TO R3, SRI. D MALLIKARJUNA SWAMY, ADV. FOR R4 & R5(a & b))

(CAUSETITLE AMENDED VIDE COURT ORDER DATED 26/05/2022.)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 09.11.2015 PASSED IN OS. NO.8599/2011 ON THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-44) DECREEING THE SUIT FOR PARTITION.

THIS REGULAR FIRST APPEAL COMING ON FOR "ORDERS" THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:

JUDGMENT

The parties have filed a compromise petition dated

27.05.2022 under Order 23 Rule 3 of C.P.C.

2. The compromise petition reads as under:

"COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

The appellants and the respondents in the above appeal jointly submit as follows:

• 1. That on mutual discussions and on intervention of well wishers, parties to this dispute have amicably settled the dispute between them relating to the suit schedule properties as set out in this compromise petition.
• 2. It is submitted that suit in O.S.No.8599/2011 was filed before the Court of the 43rd Additional City Civil and Sessions Judge, Bengaluru (CCH-44) by the Respondents No.1 to 4 herein ("R-1 to R-4") in respect of the suit schedule properties comprising of three items of agricultural land vide Item No.1 to 3 of Schedule-A, Residential house property vide Schedule-B and two sites bearing No.65 and 66 in Khatha No.33/2 of Mallathahalli Village, Yeshwanthapura Hobli vide Schedule-C, that have been amalgamated and sub-divided into three sites measuring 50 feet X 20 feet each vide Schedule C-1, Schedule C-2 and Schedule C-3. The suit schedule properties are extracted and incorporated in this compromise petition as per the schedule below.
• 3. It is submitted that Appellant No.1 herein is the wife of late V.Venkataramaiah. The appellant No.1 and late

V.Venkataramaiah have one son and four daughters. The four daughters are Appellant No.2, Appellant No.3, Respondent No.4 and Respondent No.5. Their only son late Govindaraju expired on 28-09-2011 and is survived by Respondents No.1 to 3 who are his legal representatives comprising of his wife (Respondent No.3) and two children (Respondent Nos. 1 & 2).

• 4. It is submitted that R-1 and R-2 who were plaintiffs No.1 and 2 were minors as on the date of the filing of O.S.No.8599/2011 and were represented by their mother and natural guardian in the said proceedings. However, as on date, both R-1 and R-2 have attained majority and have signed to this compromise petition.
• 5. The Terms and Conditions of the Settlement between the parties are as follows:
  • (a)All the parties hereby agree that the Schedule-B property, which is a Site bearing Municipal No.6 situated on 5th Cross Road, Basavanna Temple Street, Chickpet, Bengaluru with residential building constructed thereon comprising of ground, first, second, third and fourth floors, shall exclusively be the property of the Appellant No.1 during her life time. The said Appellant No.1 shall have life interest in the Schedule-B property with exclusive possession. The other parties hereby agree not to disturb the possession and enjoyment

of the Schedule-B property by the Appellant No.1 during her life time including the right to all the usufructs comprising of rents received from tenants and the other parties hereby agree not to disturb Appellant No.1's peaceful possession and enjoyment of the Schedule-B property during her lifetime.

• (b)The Respondent Nos.1 to 3 herein are residing in the 4th Floor of Schedule-B property and shall be entitled to reside in the 4th of the schedule-B property during the life time of the Appellant No.1 without paying any rent. However, they hereby specifically undertake not to disturb the possession, enjoyment and collection of rents in respect of the remaining floors of the Schedule-B property by Appellant No.1 during her life time.
• (c)After the life time of Appellant No.1, the Schedule-B property shall devolve on the legal heirs of Appellant No.1 in five equal shares, in the following manner: Appellant No.2 - Manjula (one share), Appellant No.3 - Bhagyamma (one share), R-1 to R-3 - Charan, Shalini and Manjula N (one share), R-4 - Bhuvaneshwari N.V. (one share) and R-5 - LR's of Late Rajeshwari (one share).
• (d)After the life time of Appellant No.1, the aforesaid sharers are entitled to sell the schedule-B property

and apportion the sale proceeds in the aforesaid manner of five equal shares.

• (e)The three items of agricultural landed properties vide Item Nos.1, 2 & 3 of Schedule-A property is allotted to the share of Respondent Nos.1 to 3 (Manjula N, Charan and Shalini). All other parties hereby relinquish their rights in the Schedule-A properties in favour of Respondent Nos.1 to 3 herein.
• (f)The Appellant No.3 Bhagyamma has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the Respondent No.4 - Bhuvaneswari N.V vide Demand Draft bearing No.006384 dated 23-05-2022 drawn on HDFC Bank, Race Course Road Branch, Bengaluru. Respondent No.4 - Bhuvaneswari N.V hereby acknowledges receipt of Rs.10,00,000/ from Appellant No.3 - Bhagyamma. The said amount is paid to Respondent No.4 - Bhuvaneswari N.V as consideration for relinquishing her rights in the Schedule-C properties.
• (g)Appellant No.1 Lakshmamma had purchased the Schedule-C property (two sites totally measuring 50 feet X 60 feet) and thereafter, Appellant No.1 had amalgamated and sub-divided the Schedule-C property into three sites measuring 50 feet X 20 feet each vide Schedule C-1, C-2 and C-3.

Appellant No.1 had sold two sites to Appellant No.3 - Bhagyamma and one site to Respondent No.5 - Rajeswari. All the parties hereby agree that Appellant No.3 - Bhagyamma is allotted the two sites comprising of Schedule C-1 & C-3, and Respondent Nos.5(a) and 5(b) - LR's of Rajeswari is allotted one site comprising of Schedule C-2 site. All other parties, hereby relinquish their rights in the Schedule-C properties comprising of Schedule C-1, C-2 and C-3 sites, in favour of Appellant No.3 - Bhagyamma and Respondent Nos.5(a) and 5(b) - LR's of Rajeswari as aforesaid.

6. WHEREFORE, the Appellants and Respondents pray that this Hon'ble Court may be pleased to dispose of the above appeal (R.F.A.No.2112/2016 arising out of O.S.No.8599/2011) in terms of this Compromise Petition, in the interest of justice and equity.

SCHEDULE-A

Item No.1: All that piece and parcel of the agricultural land bearing Sy.No.126(2A) measuring 3.04 Guntas, situated at Halenijagal Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District and bounded on the:

East by	:	Property belonging to Eranna
West by	:	Property belongs to Ramaiah
North by	:	Property belonging to Rudraiah
South by	:	Property belongs to
-		Narashimaiah

Item No.2: All that piece and parcel of the agricultural land bearing Sy.No.126(6) measuring 05.00 Guntas, situated at Halenijagal Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District and bounded on the:

:	Property belonging to
	Gangappa
:	Road
:	Property belonging to
	Shivamma
:	Property belongs to Gopala
	:

Item No.3: All that piece and parcel of the agricultural land bearing Sy.No.115(6) measuring 28 Guntas, situated at Halenijagal Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District and bounded on the:

East by	:	Property belonging to
		Narayanappa
West by	:	Property belongs to Eranna
North by	:	Property belonging to
		Hanumanthaiah
South by	:	Property belongs to Siddappa

SCHEDULE-B

All that piece and parcel of the property bearing No.6, 5 th Cross, Basavanna Gudi Street, Anchepete, Bangalore, now under the limits of Bruhat Bangalore Mahanagara Palike Bangalore assigned with Municipal No.6, Basavanna Temple Street, 5th Cross Road, Chickpet, Ward No.28, Ward Name Chickpet with PID No.28-76-6, measuring to an extent of East to West 26 ½ feet and north to south 14 feet, totally measuring 371 square feet with residential building constructed thereon comprising of Ground, First, Second, Third and Fourth floors and bounded on:

East by	:	Property belonging to
		Eshwarya
West by	:	Government Galli
North by	:	Cross Road
South by	:	Remaining portion of site No.6<br>Belongs to Velayudham Pilli.
		<b>5</b> ,

SCHEDULE-C

All that piece and parcel of the property bearing No.65 and 66, in Khata No.33/2 of Mallathahalli Village, Yeshwanthpura Hobli, Bangalore North Taluk, measuring to an extent of East to West 50 feet and North to South 60 feet, subsequently bifurcated into three sites comprising of Schedule - C-1, C-2 and C-3.

SCHEDULE C-1

All that piece and parcel of the property bearing No.65 and 66, in Khata No.33/2 of Mallathahalli Village, Yeshwanthpura Hobli, Bangalore North Taluk, presently within BBMP limits, 5th Cross, 1st Main, Mallathahalli, Bengaluru - 560056 measuring to an extent of East to West 50 feet and North to South 20 feet and bounded on:

East by	:	Property bearing No.33/3
West by	:	Road
North by	:	Property bearing No.8
South by	:	50 X 20 Site belonging to
		Rajeswari

SCHEDULE C-2

All that piece and parcel of the property bearing No.65 and 66, in khata No.33/2 of Mallathahalli Village, Yeshwanthpura Hobli, Bangalore North Taluk, measuring to an extent of East to West 50 feet and North to South 20 feet and bounded on:

East by	:	Property bearing No.33/3
West by	:	Road
North by	:	50 X 20 site belonging to
		Bhagyamma
South by	:	50 X 20 site belonging to
		Bhagyamma

SCHEDULE C-3

All that piece and parcel of the property bearing No.65 and 66, in khata No.33/2 of Mallathahalli Village, Yeshwanthpura Hobli, Bangalore North Taluk, measuring to an extent of East to West 50 feet and North to South 20 feet and bounded on:

:	Property bearing No.33/3
:	Road
:	50 X 20 site belonging to
	Rajeshwari
:	Property bearing No.6
	:

Sd/- Sd/- ADVOCATE FOR APPELLANTS APPELLANTS

Sd/- Sd/-

Sd/- Sd/- Sd/- Sd/- ADVOCATE FOR RESPONDENT RESPONDENT NOS.1 TO 3 NOS.1 TO 3

	Sd/-
	Sd/-
Sd/-	Sd/-
ADVOCATE FOR	RESPONDENT
RESPONDENT NOS.4,5(a) & 5(b)	NOS. 4,5(a) & 5(b)

VERIFICATION

We, the Appellants and Respondents do hereby state that what is stated above is true to the best of our knowledge, information and belief.

Sd/- Sd/- Sd/- APPELLANTS Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- RESPONDENTS

BENGALURU DATED: 27-05-2022"

3. The suit being one for partition and the parties constituting a joint family and the suit of the plaintiff having been decreed parties to the Appeal have now resolved to settle the disputes interse, amicably. In that view of the matter, we have read over the terms of the settlement to

parties, they agreed that they are true and correct and there is no coercion or undue influence on them.

4. The first respondent was a minor at the time of filing appeal and has since attained majority his guardianship of Smt. Manjula N is discharged. It is submitted that the first respondent has independently filed vakalath and the same is taken on record.

5. We are satisfied that the terms of settlement are voluntary and the parties have affixed their hands to the compromise petition and the parties are identified by their respective counsels. The first respondent's counsel is represented by her colleague one Sri J Lakshmi Pathi Roll No.KAR/531/12 and the first respondent is identified by him. The terms of compromise not been prohibited by law and neither being illegal or against public policy, and there being no legal bar to accept the compromise petition, the same is accepted and taken on record. The appeal stands disposed of in terms of the compromise.

Office to draw the decree in terms of the compromise recorded above.

Registry to verify and refund the Court fee.

In view of the disposal, the earlier compromise petition/application does not survive for consideration.

Sd/- JUDGE

Sd/- JUDGE

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