Karnataka High Court
Smt K Pavithra vs Shri K C Krishna Reddy on 26 July, 2017
Author: B.Veerappa
Bench: B. Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2017
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
M.F.A. No. 4651 OF 2017
Between:
Smt. K. Pavithra,
W/o. Narayana Reddy,
Aged 42 years,
C.N.R. Building,
Opposite Ganesha Temple,
Vibhuthipura Main Road,
Annasandra Palya, HAL Post,
Bengaluru - 560 017. ... Appellant
(By Sri. Sreevasta, Senior Counsel
for Sri. Udita Ramesh, Adv.)
And:
1. Shri. K.C.Krishna Reddy,
Aged 65 years,
S/o Chikka Hanumappa Reddy,
House No.202,
Kithiganur Village,
Bidarahalli Hobli,
Bangalore East Taluk,
Bangalore - 560 036.
2. Smt. Kanthamma,
Aged 60 years,
-2-
W/o. K.C.Krishna Reddy,
No.202, Kithiganur Village,
Virgo Nagar Post,
Bidarahalli Hobli,
Bangalore East Taluk,
Bangalore - 560 036.
3. Shri. Manjunath Reddy,
Aged 39 years,
S/o. K.C. Krishna Reddy,
No.202, Kithiganur Village,
Bangalore East Taluk,
Bidarahalli Hobli,
Bangalore - 560 036.
4. Smt. Renuka,
Aged 40 years
D/o Shri. K.C. Krishna Reddy,
12th Cross, Lakshmi Layout,
PNR building, Opposite Govt. School,
Munnekolala, Marathalli Post,
Bangalore - 560 037.
5. Smt. Prabhavati,
Aged 37 Years
D/o Shri. K.C. Krishna Reddy,
No.103, Behind Venugopala
Swamy Temple, Bellandur,
Bangalore - 560 103.
6. Smt. Prathibha,
Aged 36 years,
D/o Shri. K.C. Krishna Reddy,
No.137, Ankan Reddy Home,
Channasandra Main Road,
Doddabanaswadi,
Bangalore -560 043.
-3-
7. Shri P. Reddy Prasad,
Aged about 41 years,
S/o Sri. Venkataramaiah,
Residing at No.20,
Veerabhadra Swamy Nilaya,
Sir. M.V. Nagar, R.M. Nagar,
Bangalore -560 016.
8. Sri. B.C. Subramanyam,
Aged about 34 years,
S/o V. Chowdachary,
Residing at SA-27, NAL Quarters,
Kodihalli,
Bangalore -560 017.
9. Smt. R. Sandhya
Aged about 29 years,
W/o B.C. Subramanyam,
Residing at SA-27,NAL Quarters,
Kodihalli,
Bangalore -560 017.
10. Shri. C. Kamal,
Aged about 31 years,
S/o Sri. S. Chelladurai,
Residing at Plot No.89,
24th Cross, Mauruthi
Nagar Yalhanka,
Bangalore -560 064.
11. Shri. P. Dhananjaya,
Aged about 32 years,
S/o Sri. K. Pattabhiraman,
R/at 2637, 18th Main, 3rd Cross,
HAL II Stage, Indiranagar,
Bangalore -560 008.
-4-
12. Shri. Devendra Kumar,
Aged about 27 years,
S/o Sri. Uday Kumar,
R/at Flat -B1, Shilpita Castle,
6th 'B' Kaggadaspura
Main Road, Kaggaspur,
Bengaluru-560 093.
13. Sri. Ravindra Kumar,
Aged about 38 years,
S/o Sri Udaya Kumar
R/at Shairam Bhavan
Anand Tola, Behind Jilla
School Hirapur, Dhanbad,
Jharkhand-826 001.
14. Shri. Venkatamurali Gottuparthi
Aged about 29 years,
S/o Upender Rao Gottuparthi
R/at Old No.42/1,
New No.31, 1st Cross,
Guptha Layout, Halsur,
Bangalore -560008.
15. Shri. K.N. Jaya Prakash ,
Aged about 52 years,
S/o Shri. K.R. Narayanan,
R/at House No.6,
Second Floor, Shali Vahan
Nilaya, S.B. Layout ,
Near Venkateshwar School,
K.R. Puram Extension,
Bangalore -560036.
16. Smt. Jabin Jaya Prakash Kunnath,
Aged about 44 years,
-5-
W/o Shri. K.N. Jaya Prakash,
R/at House No.6,
Second Floor, Shali Vahan
Nilaya, S.B. Layout ,
Near Venkateshwar School,
K.R. Puram Extension,
Bangalore -560036.
17. Smt. Valsala. A. Nair
Aged about 45 years,
W/o Sri. Avinash Nair ,
R/at house No.F.M 30/1,
Nabard, Offices Colony
Quarters, Nandini Layout,
Bangalore -560096.
18. Sri. Shiju Sebastian,
Aged about 32 years,
S/o Shri. P.T. Sebastian,
R/at No.3, 14th Cross,
3rd Main, Bhuwaneshwari
Nagar, R.T. Nagar Post,
Bangalore - 560032.
19. Sri. Yatindra Kumar Gupta,
Aged about 30 years,
S/o Late Shri. Vitthal Das Gupta,
R/at House No.438/549 GF,
3rd Cross, Church Road,
7th Main, Opp. to Kakada
Nursing Home,
New Thippsandra Market,
Bengaluru - 560075.
20. Mr. Yadunandana Reddy Vazrala,
Aged about 35 years,
S/o Sri. Veera Reddy Vazrala,
-6-
R/at House No.7
C.M Residency - 1
3rd Main, 2nd Cross,
Malleshpalya New Thippasandra Post
Bengaluru - 560075.
21. Shri. M.R. Mukund,
Aged about 30 years,
S/o Sri. M.C. Ranganatha Rao,
59, ICRISAT Colony Phase I,
Brigadeer Syeed Road ,
Tarbund,
Secunderabad - 500009.
22. Mr. Ashok Sharma,
Aged about 35 years,
S/o late Sri. Navanithan,
R/at No.827, Military,
Drive, Galloway,
OHIO- 43119 USA
23. Mrs. Deepa Sharma,
Aged about 32 years,
W/o Sri. Ashok Sharma,
R/at No.827, Military,
Drive, Galloway,
OHIO- 43119 USA
Respondents No.22 and 23 are represented by
their duly constituted power of Attorney Holder,
Mr. Narayana Swamy Krishnan Kulangermadam
Aged about 65 years,
S/o Late K.R. Narayana swamy,
R/at Block-A Flat-1S.M Nagar,
Govt. Housing Estate Post,
Sarakar Pool 24,
Parganas South Kolkata - 700143.
-7-
24. Mr. Ashok Kumar Golla,
(Owners of site No.17 & 48)
Aged about 30 years,
S/o Sri. Naganna Golla,
R/at Housing No.4 2nd Floor,
Sanjeev Reddy Building,
7th Cross, Thigalarapalya,
Rajapalya, Hoodi Gardens,
Bengaluru - 560048.
25. Shri Chegudi Rajinil Raju,
Aged about 33 years,
S/o Sri Chegudi Solomon Raju,
R/at Flat No.002,
Drape Square,
Annasandra Palya,
Bengaluru - 560017.
26. Smt. Rajyam Medikonda,
Aged about 33 years,
W/o Sri. Chegudi Rajinil Raju,
R/at Flat No.002,
Drape Square,
Annasandra Palya,
Bengaluru - 560017.
27. Mr. Vangapally Poornachander,
Aged about 31 years,
S/o Sri. V. Devadas,
R/at House No.18,
Shashi Bhushan Reddy Building,
2nd Floor, 7th Cross,
Thigaralapalya, Hoody Garden,
Bengaluru - 560048.
-8-
28. Sri. M. Suresh,
(Owners of Site No.20 & 36)
S/o R. Madaswamy,
Aged about 35 years,
# B-106, L.V.S. Elegance,
# 26, K.V. Layout, Anandapura,
T.C. Palya Main Road,
K.R. Puram,
Bengaluru - 560036.
29. Smt. B.R. Suma,
(Owners of Site No.20 & 36)
W/o Sri. Suresh Madaswamy
Aged about 35 years,
# B-106, L.V.S. Elegance,
# 26, K.V. Layout,
Anandapura,
T.C. Palya Main Road,
K.R. Puram,
Bengaluru - 560036.
30. Shri. Supin Poruthoor,
Aged about 30 years,
S/o Sri P.V. Thomas,
R/at House No.10/11
Agalacha Nivas,
4th Link Road Madivala,
Bengaluru - 560068.
31. Smt. Asha Francis,
Aged about 27 years,
W/o Mr. Supin Poruthoor,
R/at House No.10/11,
Agalacha Nivas,
4th Link Road, Madivala,
Bangalore - 560068.
-9-
32. Sri. Mahednra Jitender Singh,
Aged about 38 years,
S/o Mahonder Singh,
R/at No.85 First Floor,
2nd Main, 7th Cross,
Suddagunta Palya,
New Senappa Layout,
C.V. Raman Nagar,
Bengaluru - 560 009.
33. Shri. S. Murali,
Aged about 28 years,
S/o Sri. C. Shaktivelu,
R/at House No.219,
4th 'A' Main 2nd 'B' Cross,
OMBR Layout,
Bengaluru - 560 043.
34. Smt. M. Revathi,
Aged about 35 years,
W/o Sri. T. Bhaskar Reddy,
R/at Nainuru Kandriga Village,
Thumbur post,
Narayana Vanam Mandai,
Chittoor District,
Andhra Pradesh - 517 124.
35. Sri. G. Kishore,
Aged about 28 years,
S/o Sri. G. Chandrasekhar Naidu,
R/at Gajulapalli Village,
Mudigolam Post,
Puthalpattu via Chittor District
Andhra Pradesh - 517 124.
36. Smt. Jayashree Prakash. B. S,
Aged about 25 years,
- 10 -
D/o Sri. B.M. Shiva Prakash,
R/at House No. 2322,
BDA 1st Cross, HAL 3rd Stage,
Vimanapura Post,
Bengaluru - 560 017.
37. Sri. Prasanna Kumar Bodpati,
Aged about 30 years,
S/o Sri. B. Lakku Raju,
R/at II No. 6, 1st Floor,
Vrushabhadri Nilaya,
8th Cross, Chikka
Adugodi, Tavarekere,
Bengaluru - 560 029.
38. Shri. Ramu. G,
Aged about 30 years,
S/o Sri. Naganna. G,
R/at House No.121/1,
Raghavendra Nilaya,
Third Cross, Sir. M. V. Nagar,
Ramamurthy Nagar,
Bengaluru - 560 016.
39. Shri. Phani Krishna. P,
Aged about 32 years,
(Owner of Site No.31, 40, 49)
S/o Late Jaya Prasad
R/at House No.121/1,
Raghavendra Nilaya, 3rd Cross,
Sir. M.V. Nagar,
Ramamurthy Nagar,
Bengaluru -560 016.
40. Shri. Stephen,
S/o Mr. Vincent,
Aged about 36 years,
- 11 -
R/at No.159, Rubens Villa,
Rayasandra layout,
Hoskur Post,
Bengaluru - 560 099.
41. Mrs. Theresa Elizabeth. C.G,
Aged about 32 years
W/o Mr. Stephen,
R/at No.159, Rubens Villa,
Rayasandra Layout,
Hoskur Post,
Bengaluru - 560 099.
42. Smt. B. Jayashree,
Aged about 27 years,
W/o R. Ramasubramanian,
R/at House No.65,
4th Cross, Gaurav Nagar,
J.P. Nagar, 7th Phase,
Bengaluru - 560 078.
43. Shri. R. Ramasubramanian,
S/o Late Sri. S. Rajagopalan,
R/at House No.65,
4th Cross, Gaurav Nagar,
J.P. Nagar, 7th Phase,
Bengaluru - 560 078.
44. Shri. Veeranjaneyulu Mutchu,
S/o Shri. Pedda Yogaiah,
Aged about 33 years,
C/o Sri. Y. Sunil Kumar Reddy,
R/at No.11/1, First Floor,
5th Cross, SNT Street,
Gupta Layout, Ulsoor,
Bengaluru - 560 054.
- 12 -
45. Shri. Dhulipati Badrinath,
Aged about 27 years,
S/o Sri. Dhulipati Venkateshwarulu,
No.57, 3rd Floor,
Tejas Suchitha Nilaya,
1st Main, 5th Cross,
Saraswathi Nagar,
Mahadevapura,
Bengalore - 560 048.
Permanent Address at:
Door No.26-303,
Gandhi Bazar, Ananthapur,
Andra Pradesh - 515 001.
46. Sri. Srinivas. K. Menon,
S/o Sri. K.P. Krishna Menon,
Aged about 43 years,
R/at No.14, Sri. Krishna,
7th Cross, 2nd Block,
Akshaya Nagar,
Ramamurthy Nagar,
Bengaluru - 560 016.
47. Sri. Suneet. H. Kiresur,
S/o Sri. Hanumantraddu. F. Kiresur,
Aged about 30 years,
R/at 172/173,
3rd Main, 2nd Floor,
M.S. Ramaiah City,
J.P. Nagar, 8th Phase,
Bengaluru - 560 076.
48. Sri. Venkatesh. S. Kathavate,
Aged about 36 years,
S/o Shri. Shamsundar Kathavate,
R/at No.305, 3rd 'C' Main Road,
- 13 -
Kasturi Nagar,
Bengaluru-560 016.
49. Smt. Divya Upadhya,
Aged about 33 years,
W/o Shri. Venkatesh. S. Kathavate,
R/at No.305, 3rd 'C' Main Road,
Kasturi Nagar,
Bengaluru-560 016.
50. Sri. Y. Sunil Kumar Reddy
Son of Sri. Y. Srinivasa Reddy,
Aged about 34 years,
Residing at No.11/1,
1st Floor, 5th Cross,
Gupta Layout, Ulsoor,
Bengaluru-560 008.
51. Mr. P. Venkataramaiah,
Aged about 73 years,
S/o Sri. P. Tiruvegalaiah,
R/at Door No.22-975/5,
Plot No.65, Kameswara Nagar,
Maruganpalli Road,
Chittor-517 001.
52. Smt. Ashwini Lokrey,
W/o Sri. V.M. Dayananda,
Aged about 40 years,
2nd 'A' Cross, 8th Main,
Sadanaznda Nagar,
East of NGEF,
Near Kasturi Nagar,
Bengaluru-560 038.
53. Shri. V.M. Dayananda,
S/o Sri. V. Murthy Rao,
- 14 -
Aged about 40 years,
2nd 'A' Cross, 8th Main,
Sadanaznda Nagar,
East of NGEF,
Near Kasturi Nagar,
Bengaluru-560 038.
54. Smt. V. Lakshmi Vipanchi,
Aged about 25 years,
W/o Sri. KVR Sriharsha,
R/a No.137, 4th Cross,
Prithvi Layout,
ECC Road, Whitefield,
Bengaluru-560 066.
55. Shri. D. Kalyana Chakravarthy,
Aged about 40 years,
(Owners of Site No.50 and 51)
S/o Late Sri. D. Lakshmaiah,
R/a No. Block-1,
# D2, Samhitha Green Oaks,
4th 'A' Cross,
Kaggadaspura Main Road,
Bengaluru-560 093.
56. Smt. P. Rajani,
W/o D. Kalyana Chakravarthy,
Aged about 40 years,
(Owners of Site No.50 and 51)
R/at No. Block-I
# D2, Samhitha Green Oaks,
4th 'A' Cross,
Kaggadaspura Main Road,
Bengaluru-560 093.
57. Smt. Suvarna Gangaraddi,
Aged about 34 years,
- 15 -
W/o Sri. Amitkumar Dasaraddi,
R/at No.D-4, Pranaam Enclave
Behind Devamata School,
Coconut Groove Layout,
Horazmavu,
Bengaluru-560 043.
58. Sri. Amitkumar Dasaraddi,
Aged about 35 years,
S/o Sri. Mohan Dasaraddi,
R/a No.D-4, Pranaam Enclave
Behind Devamata School,
Coconut Groove Layout,
Horazmavu,
Bengaluru-560 043.
59. Smt. Muthyala Indravathi,
Aged about 54 years,
W/o Sri. M. Sreeramulu,
R/a Door No.8,
Adur Annayappa Layout,
Kalkere Village,
Bengaluru-560 043.
60. Sri. Praveen Kumar. S,
Aged about 31 years,
S/o Sri. Anilkumar,
R/at No.21, 1st Main,
1st Cross, Ranka Nagar Off
KHB Road, R.T. Nagar,
Bengaluru-560 032.
61. Sri. Nischal Kumar. S,
S/o Sri. K.N. Satyanarayan,
Aged about 29 years,
R/at Flat # 83,
2nd Floor, No.65/4,
- 16 -
Shailak Vishram,
Chennamma Badavane,
4th Cross, Maruthi Nagar,
New Thipasandra Post,
Bengaluru-560 075.
62. Shri. Shanker Raju. V.B,
S/o Sri. V.P. Raju,
Aged about 39 years,
R/at Vaibhava Nilaya,
5th 'A' Cross, 5th Main,
NRI Layout, Ramurthy Nagar,
Bengaluru-560 016.
63. Sri. Biji Kurian John,
S/o Sri. K. John,
Aged about 34 years,
R/at # W-31, Vars Regency,
Kaggadaspur Main Road,
C.V. Raman Nagar,
Bengaluru-560 093.
64. Smt.Asha Sara Thomas
W/o Sri. Biji Kurian John,
Aged about 32 years,
R/at # W-31, Vars Regency,
Kaggadaspur Main Road,
C.V.Raman Nagar,
Bengaluru-560 093.
65. Sri. Sreeraj. R. Chothar
S/o Sri. V. Rajadeva Chothar,
Aged about 32 years,
R/at # 1452,
Anuradha, 23rd Cross Road,
'B' Block, Sahakar Nagar,
Bengaluru-560 092.
- 17 -
66. Smt. Anjali Rajasekaran,
W/o Sri Sreeraj R Chothur
Aged about 26 years,
R/at # 1452, Anuradha,
23rd Cross Road,
'B' Block, Sahakar Nagar,
Bengaluru-560 092.
67. Sri. Raju Joseph,
S/o K.T. Joseph,
Aged about 34 years,
R/at No. 438,
11th 'C' Cross,
3rd Block, BEL Layout,
Vidyaranyapura,
Bengaluru-560 097.
68. Sri. Caleb. P. Varghese,
S/o Late P.V. Varghese,
Aged about 33 years,
Residing at No.112,
1st Floor,
Patil Pillai Gowda Layout,
Ramachandrapura,
Bengaluru-560013.
69. Sri. Bommu Venkata Susresh Babu,
S/o Sri Ramalingam,
Aged about 33 years,
Rat # 2/40, Main Bazar Kadapa,
Andhra Pradesh-516 293.
70. Smt G. Sai Jyothi,
W/o Sri Bommu Venkata Suresh Babu,
Aged about 32 years,
Residing at #2/40, Main Bazar,
Kadapa,
Andhra pradesh-516 293.
- 18 -
71. Smt. Angaluri Usha
Aged about 26 years,
W/o A. Sridhar,
Door No. 2-68, Temple Street,
Kallakuru Village, Kalla Mandal
West Godavary district,
Andhra Pradesh-534 237. ... Respondents
(By Sri.Prakash T. Hebbar, Advocate for R1 to R3
R4 to R71 are deleted v/o dated 26.07.2017)
This MFA is filed under Order 43 Rule 1(r) of the
CPC against the order dated 21.04.2017 passed in
I.A.No.1 in O.S.No.1704/2016 on the file of the Prl.
Senior Civil Judge, Bengaluru Rural District,
Bengaluru, dismissing I.A.No.1 filed under Order 39
Rule 1 and 2 of CPC.
This MFA coming on for ORDERS, this day, the
court delivered the following :
JUDGMENT
Learned Senior counsel for the appellant has filed memo for deletion of respondent Nos.4 to 71.
2. Memo is placed on record.
3. The respondent Nos.4 to 71 are deleted at the risk of the appellant.
- 19 -
4. The appellant/plaintiff filed the present appeal against the order dated 21.04.2017 on I.A.No.1 filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure made in O.S.No.1704/2016 on the file of the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru rejecting the application for temporary injunction filed by the plaintiff.
5. When the matter came up for admission on 04.07.2017, after arguing the matter at length, learned senior counsel appearing for the appellant submits that in view of the best efforts made, the matter is settled and respondent Nos.1 to 3 agreed to give 1 acre 5 guntas (i.e., 49005 square feet) of land in Sy.No.153/2 of Kithaganuru village, Bengaluru East Taluk.
6. The said submission is placed on record.
7. The learned counsel for both the parties sought time to file compromise petition and that is why
- 20 -
today the matter is posted to consider the compromise petition filed by both the parties. 8. The plaintiff and defendant Nos.1 to 3 (plaintiff-appellant, defendants - respondent Nos.1 to 3) filed the compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, duly signed by the plaintiff and defendant Nos.1 to 3 in the presence of their respective counsel which reads as under:
"COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE The Appellant and the Respondents No.1 to 3 in the above appeal pray that this Hon'ble Court be pleased to take this compromise on record and dispose of this appeal on the terms and conditions hereinafter contained.
1. The Appellant and Respondents submit that on the intervention of well wishers, friends and relatives, they have mutually settled all the disputes and differences as set out hereunder.
- 21 -
2. That Respondent Nos.1 to 3 shall give the Appellant/Plaintiff in O.S.No.1704/2016 on the file of the Principal Civil Judge Senior Division, Bengaluru Rural, 1 Acre 05 guntas (49005 sq ft) in Sy.No.153/2 (1 Acre 05 guntas in Item No.6 of schedule A property) situated at Kithaganuru village, Bidarahalli Hobli, Bengaluru East Taluk.
Bounded on North by : Land in Sy.No.153/1 Bounded on South by: Land in Sy.No.139 and thereafter 80 ft road running East to West Bounded on East by : Remaining portion Sy.No.153/2 Bounded on west by : Land in Sy.No.152 Measuring East to West on the Northern side 260.5 feet and East to West on the Southern side 279.5 feet; Measuring North to South on the Eastern side 192 feet and North to South on the Western side 171 feet. In full and final settlement of all the claims in the suit and any other properties held and possessed by the family of Shri.K.C.Krishna Reddy, the first defendant in the suit, to which the Appellant/Plaintiff has agreed.
A sketch highlighting the portion of the property being given by Respondents No.1 to 3 to the Plaintiff/Appellant herein is annexed herewith as Annexure-A. The Portion is marked A,B,C,D in red.
- 22 -
3. On execution of this Compromise, possession of the aforesaid portion will be deemed to have been delivered to the Appellant who will then be entitled to have revenue and other records mutated and exercise all rights of ownership in respect thereof.
4. If anyone, on execution of this Compromise, claims right over the share of the Appellant (1 acre 5 guntas in Sy. No.153/2), then the Respondents No.1-3 would be liable to indemnify such claim with their own property.
5. The parties hereby agree that they have no further claims on any account whatsoever against each other and in O.S.No.1704/2016.
6. The parties hereby agree that this MFA No.4651 of 2017 be disposed of in terms of this compromise petition filed by the Appellant and Respondents No.1 to 3 and that this Hon'ble Court may be pleased to direct the Trial Court to decree O.S.No.1704/2016 in terms of this Compromise Petition.
WHEREFORE, the Appellant and the Respondents No.1 to 3 in this Appeal pray that this Hon'ble Court may be pleased to record this compromise petition and dispose of this appeal and this Hon'ble Court may be further pleased to direct the Trial Court to decree the O.S.No.1704/2016 in accordance with this Compromise Petition in the interest of justice and equity
- 23 -
Sd/- Sd/-
(Bhanu Pradeep) (K.Pavithra)
ADVOCATE FOR APPELLANT APPELLANT
(K. PAVITHRA)
Sd/- Sd/-
1. K.C.Krishna Reddy
ADVOCATE FOR (K.C.KRISHNA REDDY)
RESPONDENTS
Sd/-
2. M.Kanthamma
(SMT.KANTHAMMA)
Sd/-
3. K.Manjunath Reddy
(SHRI.MANJUNATH REDDY)
O.S.NO.1704/2016
Sd/- Sd/-
(Bhanu Pradeep) (K.Pavithra)
ADVOCATE FOR PLAINTIFF PLAINTIFF
(K. PAVITHRA)
Sd/-
ADVOCATE FOR
DEFENDANTS DEFENDANT NO.1-3
Sd/-
1. K.C.Krishna Reddy
(K.C.KRISHNA REDDY)
Sd/-
2. M.Kanthamma
(SMT.KANTHAMMA)
Sd/-
3. K.Manjunath Reddy
(SHRI.MANJUNATH REDDY)
BANGALORE
DATE : 26/07/2017"
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9. On enquiry by the Court the appellant and respondent No.1 to 3 who are present before the Court have admitted the compromise petition, contending that the compromise entered into between the parties is voluntarily without any force or coercion and on the intervention of well wishers.
10. In terms of the compromise petition, the respondent Nos.1 to 3 (defendant Nos.1 to 3) have agreed to give 1 acre 5 guntas to the plaintiff i.e., (i.e., 49005 square feet) of land in Sy.No.153/2 of Kithaganuru village, Bengaluru East Taluk, described in para No.2 of the compromise petition and sketch at Annexure-A, marked as ABCD in the red ink, measuring East to West on the Northern side 260.5 feet and East to West on the Southern side 279.5 feet; measuring North to South on the Eastern side 192 feet and North to South on the Western side 171 feet in full and final settlement of all the claims in the suit and on any other
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properties held and possessed by the family of K.C.Krishna Reddy, the first defendant in the suit, to which the appellant/plaintiff has agreed.
11. The terms of compromise petition further stated that;
"On execution of compromise, possession of the aforesaid portion will be deemed to have been delivered to the appellant who will then be entitled to have revenue and other records mutated and exercise all rights of ownership in respect thereof.
If anyone, on execution of this Compromise, claims right over the share of the Appellant (1 acre 5 guntas in Sy.No.153/2), then the Respondent Nos.1 to 3 would be liable to indemnify such claim with their own property.
The parties hereby agreed that they have no further claims on any account whatsoever against each other and in O.S.No.1704/2016.
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The parties hereby agreed that this MFA No.4651 of 2017 be disposed of in terms of compromise petition filed by the Appellant and Respondents No.1 to 3 and that this Court may be pleased to direct the Trial Court to decree O.S.No.1704/2016 in terms of this Compromise Petition".
12. In view of the above, the present MFA is disposed of in terms of the compromise petition entered into between the parties. The trial Court is directed to draw decree.
Accordingly, MFA is disposed of. The sincere service rendered by both the learned Senior counsels, Sri.Sreevasta and Sri.Prakash T Hebbar is appreciated by the Court.
Sd/-
JUDGE UN/MR