Karnataka High Court
Sri V Chandrashekar vs The Commissioner on 3 July, 2018
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
W.P.No.17549/2015 & W.P.Nos.20008-20010/2015
and W.P. Nos.20011-20013/2015 *(LB-BMP)
BETWEEN:
1. Sri. V. Chandrashekar,
Aged about 55 years,
2. Sri. V. Babu,
Aged about 41 years,
3. Sri. V. Venkatesh,
Aged about 35 years,
4. Sri. A.M. Shivraj Kumar,
Aged about 36 years,
5. Sri. M. Balakrishna,
Aged about 35 years,
6. Sri. A.V. Muniswamy,
Aged about 60 years,
7. Smt. Shobha,
Aged about 38 years,
(Reptd., by their GPA holder
Sri. V. Venkatesh)
All are residing in a portion of No.153,
Jeevanahalli, Cox Town,
Bengaluru - 560 005. ... Petitioners
(By Sri. Suresh. S. Lokre, Advocate)
Correction carried out vide chamber order dated 20.07.2018
2
AND
1. The Commissioner,
Bruhat Bengaluru Mahanagara Palike,
Nrupathanga Road,
Bengaluru - 560 001.
2. The Asst. Revenue Officer,
Maruthiseva Nagar,
BBMP Ward No.50,
Bengaluru - 560 033.
3. Sri. Ramakrishna,
S/o Seetharamaiah,
Aged about 62 years,
4. Smt. Shantha,
Aged about 48 years,
Respondents No.3 & 4 are
Residing in a portion of No.153
Jeevanahalli, Cox Town,
Bengaluru - 560 005. ... Respondents
(By Sri. N.K. Ramesh, Adv. for R-1 to R-2;
Sri. Belle Ravivarma, Adv. for R-3 & R-4)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the endorsement issued by the R-1 & R-2 vide
Annexure-A dated 17.03.2015 vide Annexure-A and
direct suspension of grant of khata in respect of the
schedule property by the R-1 and R-2 in favour of R-3
and R-4 and etc.,
These Writ Petitions coming on for Orders this day
the Court made the following:
3
ORDER
The petitioners have filed the present writ petitions for a writ of certiorari to quash the endorsement issued by respondent Nos. 1 and 2 dated 17.03.2015 as per Annexure- A and direct the suspension of grant of khata in respect of the schedule property by respondent Nos. 1 and 2 in favour of respondent No.3 and 4.
2. After negotiations between private parties the respondents and petitioners Nos. 3 and 4 filed compromise petition under Order 23 Rule 3 read with 89 of Code of Civil Procedure. Compromise petition reads as under:
"The Petitioners and the Respondents file the following Compromise Petition:
1. The Petitioners submit that they have filed the above writ Petition on the basis of their claim made in O.S. No. 15400/2000, on which the suit schedule land bearing Sy.
No. 160/4 situated at Doddigunta Village, Kasaba Hobli, Cox Town, Bangalore North Taluk, measuring about 0.11 Guntas bounded on the:
4East by : Kondappa's Land.
West by : Ramamurthy's Land. South by : Corporation Channel and Ventaram's property.
North by : Munivenkatappa's property.
and being aggrieved by the findings of the learned Judge of the City Civil Judge, CCH-29, Mayo Hall, Bangalore, in O.S. No. 15400/2000 as regards the aforesaid Property which is described as 'Schedule 'B' Property' in the Plaint, the Petitioners have challenged the Judgement and Decree in O.S. No. 154000/2000 by filing an Appeal before this Hon'ble Court in R.F.A. No. 481/2014 in which the parties herein have entered into a Compromise and filed a Petition reporting the Compromise both in respect of SCHEDULE 'A' and SCHEDULE 'B' PROPERTY arising out of O.S. No. 15400/2000.
2. This Hon'ble Court was pleased to grant an Ad Interim Order of STAY and the said Interim Order has continued and this Hon'ble Court has also issued Show Cause to the Respondents for having carried out Registration of Khata in the name of the Respondents No.3 and 4 and therefore, as per Directions of the Hon'ble Court, the Respondent No.1 has cancelled the Katha registered on 07.06.2017 by a Notice dated 26.02.2018 and complied with the Directions of this Hon'ble Court and as per the Orders passed by this Hon'ble Court, the cause explained by the Commissioner of B.B.M.P. has been accepted and Directions was issued to the Respondents 3 and 4 to file their explanation with costs 5 while extending the Interim Order until further Orders.
3. Subsequent to the aforesaid Orders, the Petitioners and the Respondents No.3 and 4 along with their well wishers and elder family members have amicably settled their differences in respect of the aforesaid Property which is the subject matter of the Appeal in RFA No. 775/2013 connected with R.F.A. No.481/2014. The Petitioners and the Respondent No.3 and 4 have also settle their claim in so far as the immovable property bearing No.153, 3rd Cross, Jeevanahalli, Cox Town, Bangalore
-560 005, whereby the Respondent No.3 & 4 along with their family members who are Defendants in OS No.15400/2000, have agreed to deliver physical vacant possession of an area measuring 38 ft. on the North and South and on the East 19 ft.
and 21.5 ft. on Western portion along with a common passage measuring 6 ft. width in favour of the Petitioner No.3 V.Venkatesh, in full and final settlement thereof, without any further claims, the Respondent No.3 and 4, along with their family members have agreed to deliver physical possession of the aforesaid area to the said V. Venkatesh, in respect of the immovable property bearing No.153, 3rd Cross, Jeevan Halli, Cox Town, Bangalore
-560 005, on or before expiry of 6 months from this day.
4. And further the parties have also amicably settled the Respondents claim in regard to the immovable Property bearing No.153, 3rd Cross, Jeevana Halli, Cox Town, Bangalore -560 005, which is the subject 6 matter of the Suit in O.S. No.15400/2000 concerning the 'Schedule 'A' Property' on which the Appeal has been filed by the Respondents No.3 and 4 and other family members against the Petitioners herein in R.F.A. No. 775/2013, as such both the parties in the aforesaid Appeals arising out of the Decree in O.S. No.15400/2000 have filed this 'Compromise Petition' by reporting the settlement before this Hon'ble Court, and thereby since the subject matter of this Writ Petition concerning the land bearing Sy. No.160/4 situated at Doddigunta Village, Kasaba Hobli, Cox Town, Bangalore North Taluk, coming under the Maruti Seva Nagar ward of the Respondents No.1 and 2 and since the parties are now desirous of amicably settling their disputes and report the terms before this Hon'ble Court, this Compromise Petition is filed on the following terms.
TERMS OF THE COMPROMISE
(i) That in pursuance of the above Compromise only in respect of the aforesaid land bearing No.l60/4 situated at Doddigunta Village, Kasaba Hobli, Cox Town, Bangalore North Taluk, it is agreed by the Petitioners herein that by consent, the Katha registered in the names of the Respondents No.3 and 4 on 07.06.2017 may kindly be Ordered to be restored.
(ii) It is agreed by the parties herein that a layout of vacant plots of 9 Residential Sites are planned to be formed by both the Respondent No.3 and 4 and in pursuance of this 7 amicable settlement as far as the Land bearing Sy. No.160/4, PID No.86-88-1A, situated at K.R. Garden, Jeevanahalli, Cox Town, Bangalore -560005 is concerned, out of the 9 plots of vacant sites, the Petitioners are allotted the corner site bearing No.7 which is morefully described as SCHEDULE PROPERTY BEARING SITE NO. 7 ALLOTTED to the Petitioners herein formed out of Sy. No.11 Doddigunta Village, now Property No.1A, K.R. Garden, Jeevanahalli, Cox Town, M. S. Nagar, Bangalore and measuring on the:
East : 27 Feet.
West : 27 Feet.
North : 37.9 Feet.
South : 38.4 Feet.
And bounded on the:
East by : Channel.
West by : Road North by : Road South by : Site No.8 formed in same layout
(iii) It is also agreed by the Respondent No.3 and 4 that another Site bearing No.8, in the above land has been delivered to the Nominee of the Petitioners, by execution of a Sale Agreement coupled with General Power of Attorney which are Notarised, and these Respondents have therefore, agreed that they have no claim what-so-8
ever, in so far as the site No.7 and site No.8 is concerned in the aforesaid Plots of vacant sites.
SCHEDULE OF SITE NO.8
FORMED OUT OF SY. No. 11
DODDIGUNTA VILLAGE
PRESENTLY HAVING PROPERTY
No. 1A, K.R. Garden, Jeevanahalli, Maruthisevanagar, Ward No.59 measuring on the eastern side 25' feet and western side 25' feet and northern side 38 feet 4 inches and on the southern side measuring 40'fet and Bounded on the:
EAST BY: Channel WEST BY: 15' feet road NORTH BY: Site No.7 SOUTH BY: Site No.9, formed in the same layout.
5. The parties to the above Writ Petition have filed the Sketch showing 9 Plots of vacant sites formed in the aforesaid converted land bearing No.160/4, PID No.86-88-1A, situated at K.R. Garden, Jeevanahalli, Cox Town, Bangalore -560005.
6. In terms of the above Compromise, that is in regard to the land bearing Sy. No.160/4, PID No.86-88-1A situated at Maruthi Seva Nagar, Cox Town, Bangalore- 560005, it is prayed that a Direction be issued to the Respondent No.1 and 2, to restore the Katha in the names of the Respondent No.3 and 4 and the Petitioners separately showing the respective names 9 of the parties to the respective sites i.e., site Nos. 7 & 8 be made in the name of the Petitioners herein and the remaining sites out of 9 Plot Nos. 1,2,3,4,5,6 & 9 be registered by Katha in the names of Respondents No.3 and 4 and accordingly a Direction be issued to the Respondent No.1 & @ to register the Katha as per Orders of this Hon'ble Court forthwith as prayed for.
7. The Respondents 3 and 4 agree to abide by all the above Terms and Conditions mentioned herein and in the event, the Respondents 3 & 4 fails to comply with the terms of settlement to be entered in the RFA Nos. 775/2013 and connected RFA No.481/2014 within the time given by the Hon'ble Court, the Petitioners are at liberty to seek recall of this Compromise Petition and proceed with the above Writ Petition in accordance with Law.
8. To include all clauses pertaining to the fact that on a notional partition, the Petitioners would be entitled to a larger share but they have settled for a smaller share hence the Respondents Nos. 3 & 4 have undertaken to indemnify the Petitioners in this Site Nos. (7) & (8) and also Execute necessary Release Deed or family settlement in regard to the property No. 153, 3rd Cross, Jeevanahalli, Cox Town, Bangalore -560 005, in favour of the Petitioners to Release an area measuring Eastern side 19"
Western Side 21.5", North and South 38 feet with Common passage measuring 6 feet width on the Northern side.10
9. In terms of the above compromise, the Respondent Nos. 1 & 2 shall be directed to Restore the Khata.
WHEREFORE, the petitioners and the Respondents in the above Writ Petition pray that this Hon'ble Court may be pleased to dispose off the above Writ Petition in terms of the Compromise filed herein, in the above case, in the interest of Justice and Equity."
3. In terms of the compromise petition, schedule property bearing site No.7 morefully described in terms of schedule site No.8 formed out of Sy.
No.160/4, Jeevanahalli, Doddigunta Village, Cox Town, Marutisevanagar, Bangalore -560 005 has fallen to the share of the petitioners. Petitioners and respondent Nos.
3 and 4 have agreed to abide by all the terms and conditions mentioned in the compromise petition and in the event, respondent Nos. 3 and 4 fails to comply with the terms of settlement to be entered in RFA No. 775/2013 and connected RFA No. 481/2014 within the time given by the Hon'ble Court i.e., within thirty days, petitioners are at liberty to seek recall of the 11 compromise petition and proceed with the writ petition in accordance with law.
4. The Corporation has to enter the khata in terms of the compromise petition subject to condition that the respondent Nos. 3 and 4 shall comply with the terms of settlement entered in RFA No. 481/2014 within thirty days from today. Accordingly writ petitions are disposed of in terms of compromise petition.
5. When enquired by the Court, all the petitioners and respondent Nos. 3 and 4 have accepted the compromise petition voluntarily without any threat or force or coercion. All the parties shall sign the order sheet of the writ petition.
Sd/-
JUDGE BVK