Karnataka High Court
Sri Srinivas R vs Deputy Commissioner on 7 September, 2017
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
W.P. NO.2063 OF 2017 (GM - RES)
BETWEEN:
Sri. Srinivas R
S/o K. Ramaiah
Aged about 50 years
Residing at No.8
4th Cross, Maruthi Sevanagara
Banaswadi
Bengaluru - 560 033
...PETITIONER
(By Smt.Farah Fathima, Advocate)
AND:
1. Deputy Commissioner
Bengaluru North Sub-Division
4th Floor, Kandaya Bhavana
Bengaluru-560 009
2. Assistant Commissioner
Bengaluru North Sub-Division
2nd Floor, Kandaya Bhavana
Bengaluru-560 009
3. Sri.K.Ramaiah
S/o late Kempaiah
Aged about 74 years
2
R/o No.8, 4th Cross
Maruthi Sevanagar
Banaswadi
Bengaluru-560 033
Presently residing at
C/o Mr.K.M.Jayaprakash
Gowramma Building
1st Floor, Subbaiyannapalya
Maruthi Sevanagar Post
Bengaluru - 560 033
...RESPONDENTS
(By Sri. Kiran Kumar T.L., AGA for R1 and R2;
Sri. Pattu M.Gopal, Advocate for R3)
This Writ Petition is filed under Articles 226 and
227 of Constitution of India praying to quash the order
dated 16.11.2016 passed by the R-2 (Annexure-A) and
etc.,
This Writ Petition coming on for Orders, this day,
the Court made the following:
ORDER
This Writ Petition is listed for acceptance of report submitted by Bangalore Mediation Centre ('BMC', for short) to the effect that the matter is amicably settled between the parties.
2. The petitioner has assailed order dated 16.11.2016 passed in Case No.MSC/CR/38/2016-17 3 passed by the 2nd respondent herein as well as endorsement bearing dated 04.01.2017 issued by the 1st respondent herein, copies of which are produced as Annexures-A and B to the Writ Petition.
3. During the pendency of the Writ Petition, this Court referred the matter to BMC so as to explore the possibility of settlement having regard to there being an element of settlement in the case. The parties viz., the petitioner and the 3rd respondent herein appeared before the BMC. It is also noted that another son of 3rd respondent-Sri.Manjunath also appeared before the BMC and the said parties have arrived at a mediated settlement before the BMC.
4. BMC has submitted its report enclosing the Memorandum of Settlement under Section 89 of Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
45. Learned AGA represents respondent Nos.1 and 2. He submits that the respondent Nos.1 and 2 have no objection to the settlement arrived at between the petitioner and 3rd respondent and Sri.Munjunath.
6. Petitioner and 3rd respondent as well as Sri.Manjunath are present before the Court. Petitioner and 3rd respondent are identified by their respective counsel. Sri.Manjunath though has not been made a party to the proceeding, is present before the Court and he has been identified by the learned counsel for respondent No.3. He submits that he has also participated in the mediation and has accepted the settlement arrived at between the petitioner and 3rd respondent and himself. The petitioner and 3rd respondent as well as Sri.Manjunath who have been identified by their respective counsel submit that they have agreed to resolve the dispute amongst them in terms of Memorandum of Settlement and that they have 5 settled the disputes on their own volition and that there is no force or coercion from any quarter. They submit that the Writ Petition may be disposed of in terms of the Memorandum of Settlement arrived at between the parties.
7. Learned counsel for the respective parties endorse the submission made by their respective parties and submit that the interim order passed in this case be vacated and the Writ Petition be disposed of in terms of Memorandum of Settlement.
8. Submission of the learned counsel and the respective parties is placed on record.
9. The Memorandum of Settlement reads as under:-
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 6 Brief Facts of the Case:
1. The Respondent No.3 Sri.K.Ramaiah is a senior citizen aged 74 years and was married to Venkatamma who died on 31.07.2011. Out of the wedlock he has 5 children namely 1) Sri.Srinivas.R, the petitioner in the above Writ Petition, who is married and lives in a portion of the schedule property with his family; 2) Smt.Sujatha.R, who is married and settled in Bangalore; 3) Sri. Chandrashekar.R, who has left the family long since and his whereabouts are not known to the family as he has not kept in touch with the family; 4) Sri. Nagaraj who was adopted by K.Muniswamy, brother of Respondent No.3 and since then Sri.Nagaraj is been living with his adopted family and he died on 21.06.2006 leaving behind his wife and son. The said Nagaraj has never kept contact with his natural parents (Respondent No.3 Sri.K.Ramaiah and late Smt. Venkatamma) and has acquired adopted family's properties; 5) Sri. Manjunath.R, who is married and lives in a portion of the schedule property.7
2. The schedule property more fully described herein below is the self acquired property of K Ramaiah the 3rd respondent herein. It is stated by the said Ramaiah (3rd respondent herein) that as this property is his self acquired property as such it is his wish and desire during his life time to settle the property amongst his eldest son and last son only i.e., Srinivas R and Manjunath R who have all along lived with him in the same schedule property, each independently occupying separate portions in the schedule property and as both these sons have looked after his welfare and wellbeing in the past and have further agreed to continue to do so in future.
3. Respondent No.3 had approached the Assistant Commissioner, Bangalore and filed a case u/s 5 r/w section 4 & 23 of the Maintenance and Welfare of parents and Senior Citizens Act, 2007, seeking maintenance of Rs.10,000/- per month for himself and for cancellation of the alleged Gift Deed, against the petitioner Sri.Srinivas R in case No.MSC/CR/38/2016-17. By order 8 dated 16.11.2016 the Assistant Commissioner, Bangalore North Sub Division, Bangalore has allowed the above petition filed by Sri.K.Ramaiah against his son Sri. Srinivas.R by this order, the petitioner Sri.Srinivas.R directed to pay a maintenance of Rs.6,000/- (Rupees Six Thousand Only) per month and further directing Sub-Registrar, Shivajinagar, Bangalore to cancel the alleged Gift Deed dated 15.02.2014.
4. The said order passed by the Assistant Commissioner was challenged by Sri.Srinivas.R in Writ Petition No.2063/2017 before the Karnataka High Court, Bangalore.
II. The above said Writ petition has been referred to mediation for resolving the dispute between the parties. During the course of mediation the parties have resolved their dispute and have agreed to the following terms and conditions
1. Srinivas R the petitioner herein, K Ramaiah the respondent No.3 herein and Ramaiah's last son Manjunath R (third party) who is not a party to the above Writ Petition are all present and have taken active 9 participation in the mediation process along with their advocates.
2. It is agreed by the petitioner Srinivas.R and his brother Manjunath.R that they will pay maintenance of R.3,000 (Rupees Three Thousand Only) per month, each to their aged father without committing default. The said amount will be paid by both directly into the bank account of Respondent No.3, K.Ramaiah bearing SB Account No.1702108001203 of Canara Bank, Vivekananda Nagar Branch, Bangalore.
3. It is agreed by all the parties that K.Ramaiah's first child Srinivas.R and fifth child Manjunath.R will be entitled to share the suit schedule property equally between them, allotting a portion of the schedule property in the name of K.Ramaiah and keeping the common areas (All open areas, passages and staircase) jointly between them. It has been further agreed by all parties participating in mediation process that they will amicably divide the schedule property amongst themselves and occupy their individual shares as below:-
10a) It is agreed that the entire northern portion Ground and First Floor of the 'A' Schedule property shall be allotted to Manjunath.R, and K.Ramaiah shall reside in Ground Floor of the property along with Manjunath.R till his life time and this portion of the property so allotted to Manjunath.R is herein referred as B Schedule Property.
b) It is agreed that entire southern portion of the Ground & First Floor of A Schedule property shall be allotted to Srinivas.R and this portion of the property so allotted to Srinivas.R is herein referred as C Schedule Property.
c) It is agreed that Manjunath.R shall pay the lease amount of Rs.5,00,000/- (Rupees Five Lakh Only) to vacate the tenant who is presently in occupation of the Ground floor on the Southern side of the premises within three months from the date of passing of the order on this agreement.
d) Similarly it is agreed that Srinivas R shall pay the lease amount of Rs.6,00,000/-
(Rupees Six Lakh Only) to vacate the tenant who is presently in occupation of the First 11 floor on the northern side of the premises within three months from the date of passing of the order on this agreement. Srinivas.R has agreed that it will be his responsibility to vacate both the ground floor and first floor tenants from the said premises within three months on payment of the lease amounts to the respective tenants.
4. It is agreed that Srinivas.R and Manjunath.R will pay the property taxes, BESCOM & BWSSB charges as per their respective shares allotted herein above and they will get the Khatha transferred in their respective names and obtain separate water meters.
5. It is agreed that all common areas including parking, staircase, common passages and open areas shall be enjoyed by both the parties and their heirs without any hindrance to each other.
6. It is agreed that both Srinivas.R and Manjunath.R will confine that their rights to the share allotted to each of them as mentioned herein in the above paragraphs 12 and will not claim any right, title, interest over the share of the other.
7. All the parties to this agreement agree that they will execute a registered Family Settlement Deed before the Sub- Registrar, Bengaluru within 3 months from the date of signing of this settlement agreement, incorporating the terms and conditions agreed by all parties and the allocation of shares as mentioned herein at para 3 (a), (b) and (c) and further agree to the respective shares allotted to each of the parties.
8. It is agreed by all parties to this agreement that they including their families will not interfere or create any kind of hindrance, nuisance to each other or come in the way of their rights enjoyed by the other parties in future.
SCHEDULE 'A' PROPERTY All that piece and parcel of the immovable property bearing No.11, Municipal No.10/6, Division No.49, situated at Banaswadi Road, Maruthi Sevanagar, presently bearing No.10/22, situated at 13 Banasawadi Extension, Maruthi Bangalore Ward No.59, (Old Ward No.86), PID No.059- WO321 (Old PID No.86-61-10/22) together with structure standing thereon and bounded as follows:
East by: Property bearing Old No.10 West by: Road North by: Property bearing Old No.6 South by: Property bearing Old No.14 SCHEDULE 'B' PROPERY All that piece and parcel of the immovable Northern portion of the property bearing No.11, Municipal No.10/6, Division No.49, situated at Banaswadi Road, Maruthi Sevanagar, presently bearing No.10/22, situated at Banasawadi Extension, Maruthi Bangalore Ward No.59, (Old Ward No.86), PID No.059-WO321 (Old PID No.86-61-10/22) together with structure standing thereon measuring East -West 32 feet and North- South 15.5 feet and bounded as follows:
East by: Property bearing Old No.10 West by: Road North by: Property bearing Old No.6 14 South by: Property allotted to Srinivas.R SCHEDULE 'C' PROPERTY All that piece and parcel of the immovable Southern portion of the property bearing No.11, Municipal No.10/6, Division No.49, situated at Banaswadi Road, Maruthi Sevanagar, presently bearing No.10/22, situated at Banasawadi Extension, Maruthi Bangalore Ward No.59, (Old Ward No.86), PID No.059-WO321 (Old PID No.86-61-10/22) together with structure standing thereon measuring East -West 32 feet and North- South 15.5 feet and bounded as follows:
East by: Property bearing Old No.10 West by: Road North by: Portion allotted to Manjunath.R South by: Property bearing Old No.14 III. In view of the aforesaid agreement entered between the all the parties present in the mediation proceedings, the parties pray that this Hon'ble Court be pleased to pass appropriate orders in terms of the aforesaid agreement.15
IV. Parties will appear before the court on the next date of hearing for reporting this settlement and to pass orders in terms of the aforesaid agreement.
Sd/- Sd/-
Petitioner Respondent No.3
Srinivas.R K.Ramaiah
Sd/-
Manjunath.R
Third Party
Sd/- Sd/-
Advocate for Advocate for
Petitioner Respondents
VERIFICATION
We the parties above named do hereby solemnly state and declare that what is contained in paragraphs I to IV are true to the best of our knowledge, belief and information.
Sd/- Sd/-
Petitioner Respondent No.3
Srinivas.R K.Ramaiah
BANGALORE
Dated:03-07-2017 Sd/-
Manjunath.R
Third Party"
16
10. Accordingly, the Writ Petition is disposed of in terms of Memorandum of Settlement arrived at between the parties.
Interim order passed in this Writ Petition stand vacated.
Sd/-
JUDGE Prs*