Karnataka High Court
Sri. P. S. Rama Rao Pisey vs Smt. P. Asha Devi on 22 December, 2021
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 28183/2019 C/W
WRIT PETITION NO. 31696/2019 (GM-CPC)
IN WP NO. 28183/2019
BETWEEN :
1. P.S. SAIRAM
AGED 43 YEARS
S/O LATE P SADASHIVA RAO,
2. SMT SUMITHRA BAI
AGED 69 YEARS
W/O LATE P SADASHIVA RAO,
BOTH ARE R/AT NO 90,
DASAPPA COLONY
ST JOHN'S ROAD CROSS,
BENGALURU - 560 042.
... PETITIONERS
(BY SRI. S.K.V CHALAPATHY., SENIOR ADVOCATE FOR
SRI. V RAMESH BABU., ADVOCATE FOR
M/S CHALAPATHY AND SRINIVAS., ADVOCATE)
AND :
1. SRI. P S RAMA RAO PISSAY
S/O LATE P SADASHIVA RAO
AGED 73 YEARS
RESIDING AT NO 306,
KAMARAJ ROAD,
BENGALURU - 560 042.
2
2. SMT P ASHA DEVI
W/O LATE KRISHNA MURTHY
AGED 75 YEARS
DOOR NO 18, GROUND FLOOR,
BALAJI KOIL STREET,
K. KAMARAJ ROAD CROSS
BENGALURU - 560 042.
3. SMT JAYALAKSHMI
W/O DEEPAK SHINDGE
AGED 70 YEARS
DOOR NO 302, HMT LAYOUT,
5TH BLOCK, VIDYRANYAPURA
OPP TO A2B HOTEL,
NEAR CHADANA PALACE CHOULTRY
BENGALURU - 560 097.
MISS P.S. LALITHA PISSAY
SINCE DECEASED BY HER LRS
PETITIONERS 1,2 AND
RESPONDENTS 1 TO 4.
4. MISS P SHANTHA
D/O LATE P SADASHIVA RAO
AGED 66 YEARS
R/A NO 306, KAMARAJ ROAD,
BENGALURU - 560 042.
5. SMT REKHA SHIVAJI RAO
W/O SRI SHIVAJI RAO
AGED ABOUT 48 YEARS
R/A NO 17/K 113,
3RD CROSS, 2ND CROSS,
SPANDANA LAYOUT,
BENGALURU - 560 043.
6. SMT MALA
W/O SANJAY RAO BAGRA
AGED ABOUT 45 YEARS
3
R/A NO 1/23, HANUMANTHAPPA LAYOUT
1-A ULSOOR ROAD,
BENGALURU - 560 042.
7. SMT PRABHA
W/O SRI NAIDU
AGED ABOUT 44 YEARS
R/A NO 4, NALA ROAD CROSS
BENGALURU - 560 042.
8. DR. NARENDRANATH SHETTY
S/O SRI S SHETTY
AGED ABOUT 65 YEARS,
R/A DEVI PRASAD, PLOT NO 373,
KANASI SECTION, AMBARANATH
THANE DISTRICT, MAHARASHTRA - 431 501.
9. SMT PUSHPA N SHETTY
W/O DR NARENDRANATH SHETTY
AGED ABOUT 61 YEARS
R/A 'DEVI PRASAD' PLOT NO 373
KANASAI SECTION,
AMBARANATH, THANE DISTRICT
MAHARASHTRA - 431501.
... RESPONDENTS
(BY SRI.H.R. ANANTHAKRISHNAMURTHY., ADVOCATE
FOR R1;
SRI. M.D. RAGHUNATH., ADVOCATE FOR R5 TO R7;
SRI. G. SRIDHAR., ADVOCATE AND
SRI. VINOD.V., ADVOCATE FOR R8 AND R9;
R2, R3 AND R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 11.06.2019 PRODUCED AT
ANNEXURE-L IN I.A.NO.19 PASSED BY XXVI ADDITIONAL
CITY CIVIL & SESSIONS JUDGE AT MAYO HALL,
BENGALURU IN FDP NO.15022/2001 DIRECTING THE R-1
TO DEPOSIT THE BALANCE AMOUNT OF RS.42,74,339/-;
DIRECT THE TRIAL COURT TO RECALCULATE THE
4
CORRECT AMOUNT TO BE DEPOSITED BY THE
PETITIONERS IN FULL SATISFACTION OF THE CLAIMS OF
R-1 TO 4 IN THE ABOVE WRIT PETITION; QUASH THE
ORDER DATED 11.06.2019 ON I.A.NO.16 PRODUCED AT
ANNEXURE-L PASSED BY THE XXVI ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, MAYO HALL, BENGALURU FOR
WITHDRAWAL OF THE AMOUNT OF 50% IN DEPOSIT BY R-
1 TO 4 WITHOUT EXECUTING THE RELEASE DEED IN
FAVOUR OF THE PETITIONER HEREIN;.
IN WP NO. 31696/2019
BETWEEN :
SRI. P. S. RAMA RAO PISEY
S/O LATE P.S.SADASHIVA RAO,
AGED ABOUT 64 YEARS,
R/AT NO. 306, KAMARAJ ROAD,
BENGALURU - 560 042.
...PETITIONER
(By Sri. H R ANANTHA KRISHNA MURTHY., ADVOCATE )
AND
1. SMT. P. ASHA DEVI
W/O KRISHNAMURTHY
AGED ABOUT 66 YEARS,
R/AT NO.19/1, BALAJI KOIL STREET
J.C.GARDEN
BENGALURU - 560 042.
2. SMT. JAYALAKSHMI
W/O DEEPAK
AGED ABOUT 63 YEARS,
R/AT NO. 302, 6TH CROSS,
3RD BLOCK, HMT LAYOUT
VIDYARANAYAPURA
BENGALURU - 560 095.
5
3. MISS. P.S.LALITHA
D/O LATE P.S.SADASHIVA RAO,
(DECEASED)
4. MISS. P.S.SHANTHA
D/O LATE P.S.SADASHIVA RAO,
AGED ABOUT 61 YEARS,
R/AT NO. 306, KAMARAJA ROAD,
BENGALURU - 560 042.
5. SRI. P.S. SAIRAM
S/O LATE P.SADASHIVA RAO,
AGED ABOUT 40 YEARS,
6. SMT. SUMITHRA BAI
S/O LATE P.SADASHIVA RAO,
AGED ABOUT 67 YEARS,
7. MT. REKHA SHIVAJI RAO
W/O SHIVAJI RAO,
AGED ABOUT 43 YEARS,
RESPONDENT 5 TO 7 ARE
R/AT NO. 44, DOMLUR LAYOUT
AIRPORT ROAD CROSS,
BENGALURU - 560 047.
8. SMT. MALA
W/O SANJAY RAO BAGRA,
AGED ABOUT 42 YEARS,
R/AT NO. 1/23,
HANUMANTHAPP LAYOUT,
1-A, ULSOOR ROAD
BENGALURU - 560 042.
9. SMT. PRABHA
W/O NANDU,
AGED ABOUT 37 YEARS,
R/AT NO. 4, NALA ROAD CROSS,
6
BENGALURU - 560 042.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 24.11.2018 PASSED ON THE MEMOS
FILED ON 28.6.2017 AND 11.07.2017 RESPECTIVELY BY
THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
AT MAYO HALL, BENGALURU (CCH-20) VIDE ANNEXURE-
K; QUASH THE ORDER PASSED IN I.A. NO. 18 ON
11.06.2019 VIDE ANNEXURE-J BY THE XXVI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL,
BENGALURU (CCH-20); ISSUE A WRIT OF MANDAMUS TO
DEPOSIT RS. 42,74,339/- BY 5TH RESPONDENT PASSED
VIDE ANNEXURE-J DATED 11.06.2019 BY THE XXVI
ADDITIONAL CITY CVIL AND SESSIONS JUDGE AT MAYO
HALL, BENGALURU (CCH-20).
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These writ petitions are filed impugning the order dated 11.6.2019 in FDP No.15022/2001 on the file of the XXVI Additional City Civil and Sessions Judge, Mayohall, Bengaluru (for short, 'the civil Court'). The parties to these proceedings are the children of the late P.Sadashiva Rao, and the genesis for these writ petitions is in the commencement of the suit for 7 partition in O.S.No.4156/1980 which is decreed with the Supreme Court ultimately deciding the shares of the parties.
2. The first petitioner and the fifth to seventh respondents in W.P.No.28183/2019 are the children of Smt. Sumitra Bai [the second petitioner in this petition] and late P.Sadashiva Rao. The first to fourth respondents - the contesting respondents - are the children of late P.Sadashiva Rao and his first wife Smt. Godavari Bai. In terms of the Supreme Court's order, the first petitioner along with his mother (the second petitioner) and sisters (the third to fifth respondents) are entitled to 37.5% share in one of the suit schedule properties [hereafter referred to as 'the subject property'] and the contesting respondents are entitled for the remaining 62.5% of the share. The parties, for convenience, are referred to as they are arrayed in the writ petition in WP No. 28183/2019, and the first 8 petitioner in this writ petition is referred to as the petitioner.
3. If the first round of litigation is as mentioned above, the second round of litigation is with the petitioner filing an application under the Partition Act,1893 to purchase the other shares in one of the subject property. The petitioner's appeal in RFA No.53/2009 is allowed fixing the market value of this property and he has deposited a sum of Rs.43,77,017/-. This Court's order in this regard in RFA No.53/2009 is taken to the Hon'ble Supreme Court in SLP No.35996/2010. The Hon'ble Supreme Court has revised the market value of the subject property in a sum of Rs.3,50,00,000/- and the petitioner is directed to deposit the differential amount. The petitioner has accordingly deposited a sum of Rs.87,47,983/- and the interest thereon at the rate of 12% from 1.4.2009 to 9 31.5.2016; he has thus deposited a total sum of Rs.1,62,71,248/-.
4. The present petitions are because the civil Court by the impugned orders has disposed of applications [I.A No. 16-19] filed for release of the amount in deposit, to call for the amount in deposit, for reviewing earlier order dated 24.11.2018 with a further direction to the petitioner to deposit a sum of Rs.42,74,339/- and directions to the contesting respondents to execute release deed for the subject property in favour of the petitioner.
5. Sri S.K.V.Chalapathy, the learned Senior Counsel for the petitioners, submits as follows:
[i] Insofar as the computation of interest payable for the period between 1.4.2009 and 12.11.2010 on the deposit of Rs.43,77,017/-, the 10 petitioner would have to pay a sum of Rs.8,49,021/- as on the date of the filing of the writ petition and the petitioner would also have no objection to pay further interest up-to-date. The petitioner would pay mutually acceptable lump sum amount in full and final settlement of the claim towards interest.
[ii] Insofar as the other writ petition in W.P.No.31696/2019 by Sri. P.S.Rama Rao Pisey, the son of Sri P.Sadashiva Rao and his second wife Smt. Sumitra Bai, the controversy is because one of the daughters of Sri late P.Sadashiva Rao, Ms.Lalitha Pissey has died intestate and there is a rival claim to the monies payable towards her share between her own brother and sisters and the petitioner and his sisters who would be her step siblings. The petitioner and the fifth to seventh respondents, to put quietus to the long drawn battle will give up their claim to any amount that would be payable in lieu of Ms. P. Lalitha Pissey's share. 11
6. Sri Raghunath M.D, the learned Counsel for the fifth to seventh respondents (in W.P.No.28183/2019) who are the sisters of the petitioner, in support of Sri.S.K.V.Chalapathy's submissions, states that these respondents have already executed the release deed and they would also consent to give up their share as legal heirs of Ms.Lalitha Pissey.
7. Sri H.R.Anantha Krishna Murthy, the learned counsel for the contesting respondent, submits that in the light of these submissions to give up the claims against amounts payable in lieu of Mrs. P. Lalitha Pissey's share, the other writ petition in W.P.No.28183/2019 could also be disposed of calling upon the petitioner to pay a total sum of Rs.15,00,000/- towards the full and final settlement of the contesting respondent's claims towards interest and recording that this respondent would even execute appropriate deed if 12 required, to confirm that the petitioner would be entitled to the contesting respondent's share in the subject property.
8. In response, Sri S.K.V.Chalapathy submits that the petitioner shall deposit a sum of Rs.15,00,000/- in full and final settlement of the contesting respondent's claim for interest, and the unanimous submission is also that the amount in deposit and the amount of Rs.15,00,000/- to be deposited by the petitioner could be directed to be released in favour of the contesting respondent. In the light of the foregoing, the writ petitions stand disposed of by the following:
ORDER [i] Sri P.S. Sairam, the first petitioner in W.P.No.28183/2019 shall deposit a sum of Rs.15,00,000/- within a period of three weeks from the date of receipt of a certified copy of this order with the 13 civil Court, and the civil Court shall release this amount of Rs.15,00,000/- and also other amounts in deposit in favour of the contesting respondents.
[ii] Sri Sairam, the petitioner in W.P.No.28183/2019, shall be at liberty to file necessary application for registration of the decree insofar as the subject property.
Sd/-
JUDGE nv