Karnataka High Court
Sri Venkateshmurthy vs C S Krishna Murthy on 27 September, 2019
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NOS.60052-60056 OF 2014 (KVOA)
BETWEEN:
1. VENKATESHMURTHY
S/O.SRI HANUMANTHARAYAPPA
AGED ABOUT 59 YEARS
R/AT CHUNCHANAKUPPA
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
2. V.RANGAPPA
S/O.SRI VENKATAPPA
SINCE DECEASED
REP. BY LEGAL REPRESENTATIVES
2(a) SMT.SAROJAMMA
W/O.LATE V.RANGAPPA
AGED ABOUT 62 YEARS
R/AT CHUNCHANAKUPPA
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
2(b) SRI RAMESH
S/O.LATE V.RANGAPPA
AGED ABOUT44 YEARS
R/AT CHUNCHANAKUPPA
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
P2(a) AND P2(b) HEREIN
REPRESENTED BY
POWER OF ATTORNEY HOLDER
SRI VENKATESHMURTHY
3. C.RAMAMURTHY
S/O.SRI SUBBAIAH
SINCE DEAD BY LRS.
2
3(a) SMT.PUTTAMMA
W/O.LATE C.RAMAMURTHY
AGED ABOUT 56 YEARS
3(b) SMT.LAKSHMI
W/O.LATE KANTHARAJU
DAUGHTER-IN-LAW OF
LATE C.RAMAMURTHY
AGED ABOUT 44 YEARS
3(c) SMT.SHASHIKALA
D/O.LATE C.RAMAMURTHY
AGED ABOUT 49 YEARS
3(d) SURESHA
S/O.LATE C.RAMAMURTHY
AGED ABOUT 39 YEARS
3(e) SMT.GAYATHRI
D/O.LATE C.RAMAMURTHY
AGED ABOUT 31 YEARS
P3(a) TO P3(e) ARE R/AT
CHANCHANALGUPPE VILLAGE
CHANDRAPPA CIRCLE
THAVAREKERE HOBLI
BANGALORE SOUTH TALUK ... PETITIONERS
(BY SRI NEERAJ RAJEEV SHIVAM FOR
SRI S.R.KAMALACHARAN, ADVOCATES)
AND:
1. C.S.KRISHNA MURTHY
S/O.LATE SHAMANNA
AGED ABOUT 73 YEARS
R/AT CHUNCHANAKUPPA
THAVAREKERE HOBLI
BANGALORE SOUTH TALUK-562 130
2. SMT.JAYAMMA
W/O.LATE S.HANUMANTHARAYAPPA
AGED ABOUT 63 YEARS
3. VENKATESH MURTHY
S/O.LATE S.HANUMANTHARAYAPPA
AGED ABOUT 36 YEARS
3
4. SMT.LAKSHMI
D/O.LATE S.HANUMANTHARAYAPPA
AGED ABOUT 62 YEARS
R1 TO R4 ARE R/AT
PUNUGAMARANAHALLI
THAVAREKERE HOBLI
BANGALORE SOUTH TALUK-562 130
5. HANUMANTHAIAH
S/O.LATE CHIKKANARASIMHAIAH
MAJOR
R/AT UDDANDANAHALLI
DONNENAHALLI DHAKALE
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK-562 130
6. SMT.LAKSHMAMMA
W/O.SRI VENKATANARASAPPA
MAJOR
R/AT UDDANAHALLI
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK-562 130
7. NAGAIAH
S/O.SRI CHIKKNARASAIAH
MAJOR
R/AT UDDANAHALLI
TAVEREKERE HOBLI
BANGALORE SOUTH TALUK-562 130
8. SMT.SUDHA
W/O.SRI KENCHAIAH
MAJOR
R/AT UDDANAHALLI
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
9. THE TAHSILDAR
BANGALORE SOUTH TALUK
K.G.ROAD, BANGALORE-560 009 ... RESPONDENTS
(BY SMT.SRIVIDYA FOR
SRI T.N.VISHWANATH, ADVOCATES FOR R1 TO R4;
WRIT PETITIONS ARE WITHDRAWN AGAINST R5 TO R8
V/O DATED 26.09.2019;
SRI Y.D.HARSHA, AGA FOR R9)
4
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE ORDER DATED 17.11.2014 (ANNEXURE-A)
PASSED BY THE PRINCIPAL DISTRICT JUDGE, BANGALORE
RURAL DISTRICT IN MA.NO.19/2013 AND CONSEQUENTLY,
CONFIRM THE ORDER DATED 29.01.2013 PASSED BY THE
TAHSILDAR.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
These matters were listed in orders list yesterday and both parties namely, petitioners and contesting respondents appeared before Court and filed a compromise petition under Order XXIII Rule 3 of CPC. Since parties were more in number and respondent No.1 being blind, this Court had directed the parties to appear before CPC (Computers) for recording compromise and CPC (Computers) was directed to file a report in that regard.
Accordingly, a report has been filed by Central Project Coordinator (CPC) dated 26.09.2019. Same is placed on record.
2. Lands bearing survey Nos.10/1 and 10/2 of Chunchanakuppe village, Thavarekere Hobli, Bangalore South Taluk (hereinafter referred to as "subject lands") 5 were Shyanubhog Noukari Inamathi lands. After coming into force of Karnataka Village Offices Abolition Act, 1961, subject lands stood vested in the Government and by an order dated 10.04.1981, they were regranted to original barawardar. That order was challenged in an appeal under Section 3(2) of the said Act before this Court in M.A.No.17/1983 which came to be allowed by an order dated 21.06.1988 and matter was remitted back to first respondent for fresh consideration. After remand, first respondent Tahsildar passed an order on 29.07.1998 regranting subject land in accordance with share of members of family of original barawardar. That order was again challenged in M.A.No.41/1998 and said appeal came to be allowed by order dated 16.04.2001 and matter was again remitted back to first respondent for adjudication afresh. On 28.01.2007, first respondent passed an order regranting land in accordance with share of legal heirs of original barawardar. That order was again challenged in M.A.No.68/2007 which was dismissed by a judgment dated 25.07.2009. Judgment dated 25.07.2009 as also order dated 28.01.2007 passed by first respondent were 6 challenged by appellants herein before this Court in Writ Petition Nos.31329-31330/2009 and by its order dated 28.09.2010 this Court remanded the matter back to first respondent with certain directions. Pursuant to said order of remand, Tahsildar passed a fresh order regranting lands in favour of petitioners and contesting respondents vide order dated 29.01.2013 (Annexure-J). Being aggrieved by the same, an appeal in MA.No.19/2013 came to be filed by respondent Nos.1 to 4 herein which appeal came to be allowed by order dated 17.11.2014 (Annexure-A).
Respondent No.2, legal representatives of respondent No.3 and legal representatives of respondent No.4 have filed these writ petitions. As noticed hereinabove, a compromise petition has been filed by petitioners and respondents in these writ petitions. The terms agreed to between parties under said compromise reads:
"8. Subsequent to order dated 25-07-2009 passed by Hon'ble District and Session Judge, Bangalore Rural District, upholding the order passed by the Tahsildar dated 28-07-2007 confirming the right, title and interest over the Schedule B, C and D Properties, the Petitioners executed the sale deeds in respect of the said 7 lands in favour of one Mr. Paul P. John, Son of Mr.T.John, resident of No.17/5, Brunton Road, Bangalore-25 [hereinafter referred to as "The Purchaser"] as under:-
(i) Vide a Sale Deed dated 06/08/2009 (registered on 14/10/2009 as Document No.TVR-1-01694-2009-10 Book I, stored in CD No. TVRD 26, Office of the Sub Registrar, Tavarekere, Bengaluru) Petitioner No.2 and his family members sold Schedule - B Property, for valuable consideration and put the Purchaser in possession thereof.
(ii) Vide Sale Deed dated 06/08/2009
(registered on 14.10.2009 as
Document No.TVR-1-01696-2009-10
Book I, stored in CD No. TVRD 26,
Office of the Sub Registrar,
Tavarekere, Bengaluru) Petitioner
No.1 and his family members sold
Schedule - C Property for valuable consideration and put The Purchaser in possession thereof.
(iii) Vide Sale Deed dated 06/08/2009 (registered on 14.10.2009 as Document No.TVR-1-01695-2009-10 Book I, stored in CD No.TVRD 26, 8 Office of the Sub Registrar, Tavarekere, Bengaluru) Petitioner No.3 and his family members sold Schedule - D Property for valuable consideration and put The Purchaser in possession thereof.
(iv) Schedule - A Property has been retained by Respondent No.1, till date.11. Petitioners and Respondent Nos. 1 to 4
hereby confirm and accept and recognise that Schedules - B, C & D Properties have been validly and lawfully conveyed to Mr. Pual P. John [The Purchaser] under the aforesaid Sale Deeds and that he is in possession and enjoyment thereof.
9. The litigation between Petitioners and Respondent Nos.1 to 4 herein regarding the properties in question herein and the re-grant of 10/04/1981 have been going on for nearly four decades now and in their own interests, they are desirous of settling the disputes, amongst themselves and with The Purchaser.
10. The Parties to this Compromise have agreed to act and take the following steps to completely and effectively settle the disputes:
i. First Steps - Upon obtaining the certified copy of this compromise petition/ 9 Settlement between the parties, Mr.Paul P. John [The Purchaser] shall apply and obtain mutation of revenue records in his name in respect of Schedules - B, C & D Properties and Petitioners and Respondent Nos.1 to 4, shall have no objection to change RTC, Mutation and other revenue entries in favour of Mr.Paul P. John based on the sale deeds executed in his favour by the Petitioners;
ii. Second Step Upon change of entries in RTC (Pahani), Mutation etc., in favour of Mr.Paul P.John [The Purchaser], he shall transfer and convey Schedules - C & D Properties to Respondent No.1 and simultaneously Respondent No.1 shall transfer and convey Schedule - A Property to Mr.Paul P.John [The Purchaser], by executing and registering a Deed of Exchange, before the jurisdictional Sub- registrar at the cost of Mr. Paul P. John [The Purchaser] and shall put the transferee/s in possession of the property thus transferred to them.
iii. Upon exchange of lands, the entire land in Survey No.10/1 shall stand in favour of Paul P. John and entire land in Survey Number 10/2 shall stand in favour of the 10 Respondent No.1. Mr. Paul P.John shall, at his own and cost and effort, transfer the Khata (RTC) in favour of the Respondent No.1 in respect of Schedule C & D Property. iv. The parties further agree that as and when the land is eligible for conversion for agricultural to non-agricultural purposes as per Magadi Planning Authority - Master Plan revision at any time in future, the Purchase shall apply and obtain the conversion order in respect of the Schedule Properties including Schedule C & D Properties.
11.Respondent No.1 and Mr.Paul P.John [The Purchaser] have entered into an Agreement dated 19/11/2018 and have accordingly agreed to execute Deed of Exchange.
12. In addition, as per the Agreement dated 19/11/2018, The Purchaser has agreed to pay a sum of Rs.37,50,000/- (Rupees Thirty-Seven Lakh Fifty Thousand only) to the Respondent No.1 as a measure of goodwill and compensation. A sum of Rs.18,75,000/- (Rupees Eighteen Lakhs Seventy-Five thousand), has been paid this day vide Cheque No.000708 dated 17-09-2019 drawn on South Indian Bank Ltd, Corporate Branch, Bengaluru 11 in favour of Respondent No.1, the receipt of which is hereby acknowledged.
13. On the date of execution and registration of the Exchange Deed as contemplated herein, Mr. Paul P. John [The Purchaser] shall pay Respondent No.1 the balance of Rs.18,75,000/- (Rupees Eighteen lakhs and seventy-five thousand).
14. The Parties to this Compromise hereby agree that they shall fully co-operate with one another to get the properties surveyed (if required), signed necessary applications, forms, affidavits, declarations, letters, etc. before the concerned authority to fully give effect to the mode of settlement agreed to in Clause 12 above.
15. Along with the execution and registration of the Deed of Exchange, the Parties concerned, shall also deliver to the other Party, all the original documents of title to the properties exchanged to the transferee.
16. All Parties hereby declare that none of them have created any third party interests, charge or other encumbrance on Schedules A, C & D Properties that are to be exchanged and that upon exchange and the transferees thereby, shall hold the lands vested in them as absolute owners thereof, without any claim, 12 hindrance or interference from the transferor or anyone claiming through under them, including any third party.
17. In the event of any claim over inheritance or raise any objection of whatsoever nature over the Compromise arrived between the parties in future, same shall be resolved by the Purchaser Mr. Paul P. John [the successor-in- interest] at his own cost and efforts and without any claim on Respondent No.1.
18. The Parties hereto pray that the order passed in M.A. No.19/2013 dated 17/11/2014 by the Learned Principal District Judge, Bengaluru Rural District, Bengaluru (Annexure- A) be set aside and the order passed in Case No. HOA. CR. 69/1988-89 dated 29/01/2013 by the Tahsildar, Bengaluru South i.e., Respondent No.9 herein (Annexure - J), be restored.
19. Petitioners, Respondent Nos.1 to 4 and Mr. Paul P. John [The Purchaser] hereby agree and declare that within the fulfillment of all the terms and conditions of this Compromise, none of them have any further claims against any of the other and all disputes and differences in respect of Survey No.10, now Sy. Nos. 10/1 and 10/2, Chunchunakuppe village, Magadi 13 taluk and all previous litigations in that regard have been fully and finally settled hereby.
20. Upon exchange of schedule properties in terms of the settlement arrived between the parties entire Survey No.10/1 measuring 3 Acre 12 Guntas including 1 Gunta Kharab land [but excluding the area left for road for the benefit of Respondent No.1 to 4 in order to reach Schedule C & D Property] shall completely stand in favour of Mr. Paul P. John [The Purchaser] and Survey No.10/2 measuring 2 Acre 01 Guntas including 3 Guntas Kharab shall stand in favour of Respondent No.1.
21. Upon exchange of land and or at any time in future, if the Respondent No.1 intends to sell, transfer or dispose-off his share of land i.e., Survey No.10/2 measuring 2 Acre 01 Gunta or any part thereof to any third party or person, in such event the First Right of Refusal shall be given to the Mr. Paul P. John [The Purchaser] and only in the event of written refusal by Mr.Paul P. John [The Purchaser] to purchase the entire land or portion thereof for then prevailing market value, the First Respondent shall be at liberty to sell or alienate Survey No.10/2 measuring 2 Acre 01 14 Gunta or part thereof to any interestest party / person.
22. The terms and conditions on this Compromise shall be binding on all the Parties hereto, including their respective successors- in-interest, legal heirs/ representatives, executors and administrators.
23. As Respondent Nos. 5 to 8 are not members of the family of Petitioners and Respondent Nos. 1 to 4, this writ petition has been withdrawn against them, by the Petitioners under a separate memo. Nothing contained in this compromise affects any of the Respondent Nos.5 to 8 in any manner.
24. The Respondent No. 9, the Tahsildar be directed to effect the mutation entries as per the terms of this Compromise petition."
3. The report submitted by CPC would also indicate that parties have entered into said compromise voluntarily without any force, threat or coercion and after understanding the terms, they have affixed their signatures and first respondent who is blind was accompanied by his brother and had been explained about contents of compromise petition. Both respondent No.1 as well as his brother have interacted with CPC and on being 15 satisfied with the compromise entered into and terms agreed to being voluntary, it has been opined by CPC that out of free will and consent, they have affixed their signatures. In that view of the matter, this Court is of the view that there is no impediment to accept said compromise. Accordingly, it is hereby accepted.
4. The compromise petition having been accepted and both parties under the terms of agreement enumerated in compromise petition having agreed for order passed in MA.No.19/2013 dated 17.11.2014 being set aside, I proceed to pass following:
ORDER
i) Writ petitions stand disposed of in terms of compromise petition filed on 26.09.2019.
ii) Order passed in MA.No.19/2013 dated 17.11.2014 by Principal District Judge, Bengaluru Rural District, Benglauru (Annexure-A) is hereby quashed.
iii) Order passed in H.O.A.C.R.92, 69/1988-89 dated 29.01.2013 by ninth respondent (Annexure-J) is hereby restored.
16iv) Ninth respondent is directed to effect mutation entries as per terms of compromise petition on being satisfied that parties have performed obligations agreed to by them under the said compromise and as stated therein.
Ordered accordingly.
SD/-
JUDGE LB