Karnataka High Court
Giulia D Souza vs Smt Mary D Souza on 15 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:15006
WP No. 41936 of 2019
C/W WP No. 30243 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 41936 OF 2019 (GM-RES)
C/W
WRIT PETITION NO. 30243 OF 2019 (GM-RES)
IN WRIT PETITION NO. 41936 OF 2019
BETWEEN:
SMT. JOVITA D'SOUZA
W/O MICHAEL D'SOUZA
AGED ABOUT 35 YEARS
R/AT NO.5-23, RAILWAY STATION ROAD
2ND RIGHT CROSS, INDRALLI
UDUPI - 576 101.
...PETITIONER
(BY SRI. MANMOHAN P. N., ADVOCATE)
Digitally signed AND:
by NAGAVENI
Location: 1. SMT. MARY D'SOUZA
HIGH COURT W/O LATE VIZIL D'SOUZA
OF AGED ABOUT 61 YEARS
KARNATAKA
VIZIL COMPOUND, KEMMANU CROSS ROAD
KALYANPURA, SANTHEKATTE POST
UDUPI TALUK AND DISTRICT - 576 101.
2. MAINTENANCE TRIBUNAL AND ASSISTANT
COMMISSIONER, KUNDAPURA SUB DIVISION
KUNDAPURA, UDUPI DISTRICT - 576 101.
...RESPONDENTS
(BY SRI. VINAYAKA B., ADVOCATE FOR R1;
-2-
NC: 2024:KHC:15006
WP No. 41936 of 2019
C/W WP No. 30243 of 2019
SMT. NAVYA SHEKHAR, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD:6.8.2019 PASSED BY THE R-2
[PRODUCED AS ANNEXURE-P] AND CONSEQUENTLY REJECT
THE PETITION FILED BY R-1.
IN WRIT PETITION NO. 30243 OF 2019
BETWEEN
GIULIA D'SOUZA
D/O VIZIL D'SOUZA
AGED ABOUT 35 YEARS
R/AT GASPARE, ASSELLI - 14
POST BOX NO.20133, MILANO, ITALY
REPRESENTED BY HER GPA HOLDER
SMT. JOVITA D'SOUZA
W/O MICHAEL D'SOUZA
AGED ABOUT 35 YEARS
R/AT NO.5-23, RAILWAY STATION ROAD
2ND RIGHT CROSS, INDRALI, UDUPI.
...PETITIONER
(BY SRI. MANMOHAN P. N., ADVOCATE)
AND
1. SMT. MARY D'SOUZA
W/O LATE VIZIL D'SOUZA
AGED ABOUT 61 YEARS
VIZIL COMPOUND
KEMMANU CROSS ROAD
KALYANAPURA, SANTHEKATTE POST
UDUPI TALUK AND DISTRICT - 575 001.
2. MAINTENANCE TRIBUNAL AND
ASSISTANT COMMISSIONER
KUNDAPURA SUB DIVISION
-3-
NC: 2024:KHC:15006
WP No. 41936 of 2019
C/W WP No. 30243 of 2019
KUNDAPURA, UDUPI DISTRICT - 575 001.
...RESPONDENTS
(BY SRI. VINAYAKA B., ADVOCATE FOR R1;
SMT. NAVYA SHEKHAR. AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD:11.6.2019 PASSED IN
MAG.SR:04/2018-19 PASSED BY THE R-2 [PRODUCED AS
ANNEXURE-M] AND CONSEQUNETLY REJECT THE PETITION
FILED BY R-1.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Manmohan.P.N., learned counsel appearing for petitioner, Sri.Vinayaka.B, learned counsel appearing for respondent No.1 and Smt.Navya Shekhar, learned Additional Government Advocate appearing for respondent No.2, in both the petitions.
2. The learned counsel appearing for the petitioner and the respondents would submit that the parties to the lis have arrived at a compromise which settles the entire dispute between the two. The terms and conditions of the compromise -4- NC: 2024:KHC:15006 WP No. 41936 of 2019 C/W WP No. 30243 of 2019 petitions filed under Order XXIII Rule 3 r/w Section 151 of the CPC read as follows:
W.P.No.41936 of 2019:
"THE TERMS AND CONDITIONS OF THE COMPROMISE ARE AS FOLLOWS:
"a. The respondent No.1 reiterates that she has no claim over the schedule property i.e. in Sy.No.113/2A and 113/3A measuring 87 and 38 cents respectively situated at Puttur Grama, Udupi Taluk and District.
b. The respondent No.1 confirms that the settlement deed dated 16.05.2013 and the Rectification Deed dated 27.05.2013 executed between Respondent No.1 and Giulia D'Souza are valid, subsisting and binding on Respondent No.1.
c. The Respondent No.1 confirms that the Sale Deed dated 01.04.2014 executed by Giulia D'Souza in favour of the petitioner is valid and binding of the Respondent No.1 and that she has no claim over the property whatsoever.
d. The petitioner and respondent No.1 shall abide by the conditions stipulated in the consent letter dated 12.10.2020 and both the parties shall co-operate with each other for fulfill the conditions stipulated in the letter of understanding dated 12.10.2020 in its true spirit.
e. The Respondents No.1 submit that the above petition may be allowed and the Order dated 06.08.2019 passed in MG.SR:04(A)/2018-19 passed by the 2nd Respondent be quashed.
f. The respondents No.1 confirm that this compromise petition is towards full and final settlement and no further amount whatsoever is payable by the petitioner to the respondents No.1 and all mutual claims are hereby fully and finally settled.
-5-NC: 2024:KHC:15006 WP No. 41936 of 2019 C/W WP No. 30243 of 2019 g. The respondents No.1 and anyone claiming through her have no claim whatsoever in respect of property.
h. The petitioner and the Respondents No.1 undertake not to interfere with the peaceful possession and enjoyment of their respective property.
i. The parties to this compromise undertake to withdraw all cases, complaints, etc. if any filed against each other before various courts, authorities, police, etc. within a period of thirty days from today. The parties shall co- operate and comply with the conditions in this petition.
j. That the First Respondent shall have no objection to restore all the records pertaining to the property covered by survey No.113/2A and survey No.113/3A respectively measuring 87 cents and 38 cents of Puttur Village, Udupi Taluk & District in the name of the petitioner as per the registered Settlement Deed dated 16.05.2013, Rectification Deed dated 27.05.2013 and Sale Deed dated 01.04.2014.
k. The parties have entered into this compromise petition voluntarily out of their free will and without any force, coercion or influence of any person.
Wherefore it is prayed that this Hon'ble Court may be pleased to take this compromise on record and Quash the Order dated 06.08.2019 passed in nd MG.SR:04(A)/2018-19 passed by the 2 Respondent in the interest of justice and equity."
W.P.No.30243 of 2019:
"THE TERMS AND CONDITIONS OF THE COMPROMISE ARE AS FOLLOWS a. The respondent No.1 reiterates that she has no claim over the schedule property i.e. in Sy.No.113/2A and 113/3A measuring 87 and 38 cents respectively situated at Puttur Grama, Udupi Taluk and District.
b. The respondent No.1 confirms that the settlement deed dated 16.05.2013 and the Rectification Deed dated -6- NC: 2024:KHC:15006 WP No. 41936 of 2019 C/W WP No. 30243 of 2019 27.05.2013 executed between Respondent No.1 and Petitioner are valid, subsisting and binding on Respondent No.1.
c. The Respondent No.1 confirms that the Sale Deed dated 01.04.2014 executed by the Petitioner in favour of Mrs.Jovita D'souza is valid and binding on the Respondent No.1 and that she has no claim over the property whatsoever.
d. The petitioner is the absolute owner of the property bearing No.113/2A measuring 87 cents situated at Puttur Grama, Gopalpura Ward Udupi Taluk and District and is entitled to deal with the same as the absolute owner thereof.
e. The petitioner and respondent No.1 shall abide by the conditions stipulated in the letter of Understanding dated 12.10.2020 and both the parties shall co-operate with each other for fulfill the conditions stipulated in the said Understanding in its true spirit.
f. The Respondent No.1 submits that the above petition may be allowed and the Order dated 06.08.2019 passed in MG.SR:04(A)/2018-19 passed by the 2nd Respondent be quashed and her petition before the 2nd respondent be dismissed.
g. The respondent No.1 confirms that this compromise petition is towards full and final settlement and no further amount whatsoever is payable by the petitioner to the respondent No.1 and all mutual claims are hereby fully and finally settled.
h. The respondent No.1 and anyone claiming through her shall have no claim whatsoever in respect of properties.
i. The petitioner and the Respondent No.1 undertake not to interfere with the peaceful possession and enjoyment of their respective property.
j. That the First Respondent shall have no objection to restore all the records pertaining to the property covered by survey No.113/2A and survey No.113/3A respectively measuring 87 cents and 38 cents of Puttur Village, Udupi Taluk & District in the name of the petitioner as per the -7- NC: 2024:KHC:15006 WP No. 41936 of 2019 C/W WP No. 30243 of 2019 registered Settlement Deed dated 16.05.2013, Rectification Deed dated 27.05.2013 and Sale Deed dated 01.04.2014.
k. The parties to this compromise undertake to withdraw all cases, complaints, etc. if any filed against each other before various courts, authorities, police, etc. within a period of thirty days from today. The parties shall co- operate and comply with the conditions in this petition.
l. The parties have entered into this compromise petition voluntarily out of their free will and without any force, coercion or influence of any person.
Wherefore it is prayed that this Hon'ble Court may be pleased to take this compromise on record and allow the writ petition and Quash the Order dated 11.06.2019 passed in MG.SR:04/2018-19 passed by the 2nd Respondent in the interest of justice and equity."
3. In the light of the compromise arrived at between the parties as afore-extracted, which is signed by the respective parties and their counsel, I pass the following:
ORDER
(i) Writ Petitions are allowed.
(ii) Orders dated 06-08-2019 and 11-06-2019 passed by the 2nd respondent stand quashed.
Sd/-
JUDGE BKP/List No.: 1 Sl No.: 113