Karnataka High Court
Sri C Srinivasa vs Sri Bandi Ningaiah on 10 August, 2017
Bench: Jayant Patel, S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2017
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MRS.JUSTICE S SUJATHA
R.F.A NO.339 OF 2013 C/W R.F.A.NO.249/2013(DEC)
IN R.F.A.NO.339/2013:
BETWEEN:
1. SRI. C. SRINIVASA,
SINCE DECEASED BY HIS LRS.
1(a) SMT. TAYAMMA,
AGED ABOUT 54 YEARS,
W/O. LATE SRINIVASA C.
1(b) SRI. MAHESH,
AGED ABOUT 40 YEARS,
S/O. LATE SRINIVASA C.
1(c) SMT. VASANTHA,
AGED ABOUT 36 YEARS,
W/O. R. MAHADEVA.
1(d) SMT. S. RAJESHWARI,
AGED ABOUT 32 YEARS,
W/O. M. MAHADEVA.
1(e) SRI. MANJUNATH,
AGED ABOUT 30 YEARS,
S/O. LATE SRINIVASA C.
2
ALL ARE RESIDING AT DOOR NO.105,
13TH CROSS, JANATA BADAVANE,
T.P. NAGAR, J.P. NAGAR, MYSURU-8.
... APPELLANTS
(BY SRI. UDAY PRAKASH MULIYA & SRI. M.B. CHANDRACHOODA
ADV.)
AND:
1. SRI. BANDI NINGAIAH,
AGED 59 YEARS,
S/O. LATE BANDI NINGAIAH.
2. SRI. PUTTASWAMY,
SINCE DECEASED BY HIS LRS.
2(a) SMT. GOWRAMMA,
W/O. LATE PUTTASWAMY,
AGED ABOUT 50 YEARS.
2(b) SMT. ASHWINI P.,
D/O. LATE PUTTASWAMY,
AGED ABOUT 29 YEARS.
2(c) SRI. KUMAR P.,
S/O. LATE PUTTASWAMY,
AGED ABOUT 27 YEARS.
2(d) SRI. KRISHNA P.
S/O. LATE PUTTASWAMY,
AGED ABOUT 25 YEARS.
ALL ARE RESIDING AT NO.2591,
5TH CROSS, 2ND MAIN, K.G. KOPPAL,
MYSURU -8.
3. THE DEPUTY CONSERVATOR OF FORESTS.
ASHOKAPURAM,
MYSURU-8.
3
4. THE RANGE FOREST OFFICER,
"ARANYA BHAVAN",
ASHOKAPURAM,
MYSURU -8.
5. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
6. SRI. C. RAJU,
AGED ABOUT 63 YEARS,
S/O LATE CHINNAKANNA REDDY,
R/O. BASAVANAHALLI,
BEHIND GANESH SAW MILL,
CHIKKAMAGALURU.
... RESPONDENTS
(BY SRI. M.S.RAJENDRA PRASAD SENIOR COUNSEL FOR
SRI. S. KEERTHIKAR ADV. FOR R1 & R2 (A-D)
SRI. JAYPRAKASH REDDY M. ADV. FOR R6)
R-3 TO R5 DELETED VIDE ORDER DATED:10/8/2017.
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED:02.01.2013 PASSED IN
O.S.470/2005 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE
SUIT FOR DECLARATION AND INJUNCTION.
IN R.F.A.NO.249/2013:
BETWEEN:
1 SRI. BANDI NINGAIAH,
AGED 59 YEARS,
S/O. LATE BANDI NINGAIAH.
4
2. SRI. PUTTASWAMY,
SINCE DECEASED BY LRS.
2(a) SMT. GOWRAMMA,
W/O. LATE PUTTASWAMY,
AGED ABOUT 50 YEARS.
2(b) SMT. ASHWINI P.,
D/O. LATE PUTTASWAMY,
AGED ABOUT 27 YEARS.
2(c) SRI. KUMAR P.,
S/O. LATE PUTTASWAMY,
AGED ABOUT 27 YEARS.
2(d) SRI. KRISHNA P.
S/O. LATE PUTTASWAMY,
AGED ABOUT 25 YEARS.
ALL ARE RESIDING AT D.NO.2591,
5TH CROSS, 2ND MAIN, K.G. KOPPAL,
MYSURU -570 008. .. APPELLANTS
(SRI M.S. RAJENDRA PRASAD, SR. COUNSEL FOR SRI S
KEERTHIKAR, ADV.,)
AND:
1. SRI. C. SRINIVASA,
S/O SRI CHINNABOYI
AGED ABOUT 62 YEARS,
RESIDING AT D.NO.105,
13TH CROSS, JANATHA BADAVANE,
J.P.NAGAR,
MYSORE- 570 008
DEAD BY LRS.
1(a) SMT. TAYAMMA,
5
AGED ABOUT 54 YEARS,
W/O. LATE SRINIVAS C.
1(b) SRI. MAHESH,
AGED ABOUT 40 YEARS,
S/O. LATE SRINIVAS C.
1(c) SMT. VASANTA,
AGED ABOUT 36 YEARS,
W/O. R. MAHADEVA.
1(d) SMT. S. RAJESHWARI,
AGED ABOUT 32 YEARS,
W/O. M. MAHADEVA.
1(e) SRI. MANJUNATH,
AGED ABOUT 30 YEARS,
S/O. LATE SRINIVAS C.
ALL RESIDING AT D. NO.105,
13TH CROSS, JANATHA BADAVANE,
J.P. NAGAR,
MYSURU-570 008.
2. THE DEPUTY CONSERVATOR OF FORESTS,
OFFICE OF THE DEPUTY CONSERVATOR
OF THE FOREST,
ASHOKAPURAM,
MYSURU-570 008.
3. THE RANGE FOREST OFFICER,
WOODYARD,
ARANYA BHAVAN,
ASHOKAPURAM,
MYSURU -570 008.
4. STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
VIDHANA VEEDI,
6
BENGALURU - 560 001.
5. SRI. C. RAJU,
AGED ABOUT 63 YEARS,
S/O LATE CHINNAKANNA REDDY,
RESIDING AT BASAVANAHALLI,
BEHIND GANESH SAW MILL,
CHIKKAMAGALUR. ...RESPONDENTS
(SRI UDAYA PRAKASH MULIYA & SRI M.B. CHANDRACHOODA,
ADV., FOR R1(A-E)
(BY SRI. JAYAPRAKASH REDDY M., ADV., FOR R.5)
R-2 TO R-4 ARE DELETED
AS PER THE COURT ORDER
DATED:10.08.2017
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED:02.01.2013 PASSED IN
O.S.470/2005 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES, MYSORE, DISMISSING THE SUIT FILED FOR
DECLARATION, CANCELLATION OF DECREE AND FOR
PERMANENT INJUNCTION.
THESE RFAs COMING ON FOR ADMISSION, THIS DAY,
JAYANT PATEL., J. DELIVERED THE FOLLOWING:
ORDER
The present appeals are directed against the order dated 02/01/2013 passed by the lower court in O.S.No.470/2005, whereby for the reasons recorded in the order sheet, the lower court has dismissed the suit. We may also record that RFA No.249/2013 has been preferred by the original plaintiffs, whereas 7 RFA No.339/2013 has been preferred by the original defendant, so far as finding recorded in the impugned judgment against the original defendant No.1.
2. It may also be recorded that as per the appellants, the State officials namely Deputy Conservator of Forests, the Range Forest Officer and the State of Karnataka were impleaded as parties because of the fact that there was litigation in O.S.No.321/1995 between the original defendant No.1 and the State officials on the aspects of grant of land to the forefathers of defendant No.1 and thereafter in succession to defendant No.1.
3. We may record that the aforesaid litigation between the original defendant No.1 and the State officials including the State of Karnataka culminated into the decree in O.S.No.321/1995, against which the State officials and the State Government had preferred appeal before the II Addl. District Judge, Mysuru in R.A.No.7/2004 and the State appeal came to be dismissed, against which the matter was also carried before this Court in the proceedings of RSA No.588/2011 and this Court vide order dated 11.07.2017 has dismissed the appeal of the Deputy Conservator of 8 Forests, Range Forest Officer and the State Government. Hence, learned counsel appearing for the appellants in both the appeals have tendered the memo dated 09/08/2017 for deletion of Deputy Conservator of Forests and Range Forest Officer and the State of Karnataka as party respondents in the respective appeals and have prayed that the appellant may be permitted to delete the said officials and the State Government as parties in the present appeal, since original dispute between original defendant No.1 and the State Officials and the State Government has resulted in favour of original defendant No.1.
4. However, Shri Vasanth V Fernandes, learned HCGP, submitted that the appellants should come out with appropriate application for deletion and Court may not entertain the prayer for deletion on a mere memo.
5. In our view, when the appeals are listed today and is to be taken up for further consideration and when the proceedings of second appeal being RSA No.588/2011 has been concluded vide order dated 11.07.2017, before this Court, such oral request for deletion can be entertained. Hence, the appellants are permitted 9 to delete Deputy Conservator of Forest, Range Forest Officer and State of Karnataka as party respondents. However, it is made clear that, the aforesaid deletions shall be subject to any order which may be passed by the higher Forum against the order dated 11.07.2017 passed by this Court in RSA No.588/2011. Ordered accordingly.
6. In view of the aforesaid order, the lis or dispute would remain between the appellants and the respondents as referred herein above.
7. Learned counsel appearing for both sides have tendered the memo dated 09/08/2017 for compromise entered into between the appellants and the respondents in RFA No.249/2013 as well as in RFA. No.339/2013.
8. The parties present are: (1) Sri Bandi Ningaiah (2) Smt. Gowramma (3) Smt. Ashwini P (4) Sri Kumar P. and Sri. Krishna P.
9. So far as original defendant No.1 is concerned, since Sri. S Srinivas is expired, the legal representatives are permitted to be substituted and they are represented through Sri M Mahesh, who 10 is also holding Power of Attorney dated 7.7.2017 on behalf of (1) Smt.Thayamma and (2) Sri. Mahesh (3) Smt. Vasantha (4) S Rajeshwari and (5) Sri. Manjunath.
10. In addition to the aforesaid Power of Attorney Mr. Mahesh M, the original authors of the power of Attorney Smt. Thayamma (2) Smt. S Vasanta (3) Smt. S Rajeshwari and (4) Sri. S. Manjunath are also present.
11. Further, newly added respondent No.6 Sri C Raju has also signed the compromise.
12. All the aforesaid parties are identified by their respective advocates, who are appearing for the appellants or respondents as the case may be in the respective appeals. In addition to the same, the parties having the proof of identity, is tendered and the same is taken on record.
13. All parties referred to herein above have declared before us that they have voluntarily signed the compromise and there is no coercion or pressure upon them and they have signed in their full consciousness.
11
14. Learned Advocates appearing for both sides have declared before us that they have also signed the aforesaid compromise together with their respective clients, and they pray that the decree be drawn in terms of the compromise.
15. As, it is a property dispute and there is inter-se settlement, in our view, such settlement can be allowed to operate, more particularly, when no adverse circumstances are brought to our notice.
16. So far as the litigation between the appellants and the original defendant and the State officials and the State Government are concerned, as the proceedings have already culminated in favour of the original defendant No.1-appellant in RFA No.339/2013, without prejudice to the rights and contentions of the State officials and the State Government, as may arise in future, if due to any order passed by the higher Forum against the order of this court in RSA No.588/2011, the compromise can be recorded and decree can be drawn.
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17. Hence, both appeals are disposed of in terms of the compromise. Decree accordingly. However, it is clarified that the compromise recorded and the decree shall be binding on the parties to the proceedings and shall be subject to any order which may be passed by the higher Forum, if any, against the order passed by this court dated 11.07.2017 in RSA No.588/2011.
No order as to cost.
Sd/-
JUDGE Sd/-
JUDGE Psg*