Karnataka High Court
Vajramma vs N Narayanaswamy on 18 August, 2022
Author: V. Srishananda
Bench: V. Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.1391/2008(PAR)
C/W
HRRP No.81/2010,
R.F.A.No.1381/2008(PAR)
R.F.A.No.750/2009(PAR)
IN R.F.A.NO.1391/2008
BETWEEN
N NARAYANASWAMY
S/O. LATE NARASIMHAIAH
SINCE DEAD BY LRS.,
R1(A) SMT.NAGARATHNAMMA
W/O .NARAYANASWAMY
AGED ABOUT 56 YEARS
RESIDING AT 88/4,
13TH CROSS, 1ST K BLOCK,
KETHAMARANAHALLI,
RAJAJINAGAR,
BANGALORE - 560 010
R1(B) SRI N.DINESH,
S/O LATE NARAYANASWAMY,
AGED ABOUT 39 YEARS
RESIDING AT 254,
9TH CROSS, 1ST N BLOCK,
RAJAJINAGAR,
BANGALORE - 560 010
2
R1(C) SRI N.DEVARAJA,
S/O LATE NARAYANASWAMY,
AGED ABOUT 37 YEARS
RESIDING AT 88/4,
13TH CROSS, 1ST K BLOCK,
KETHAMARANAHALLI,
RAJAJINAGAR,
BANGALORE - 560 010
R1(D) SMT.SAVITHA
D/O LATE N.NARAYANASWAMY
AND W/O B.M.CHANDRASHEKAR,
AGED 30 YEARS
RESIDING AT 229(18)
II MAIN ROAD
RAMACHANDRAPURA,
BANGALORE- 560 021
...APPELLANTS
[BY SRI A V GANGADHARAPPA, ADVOCATE FOR A1(A TO D)]
AND
N SIDDARAJU
S/O LATE NARASIMHAIAH
SINCE DEAD BY LRS
1. SMT VAJRAMMA
W/O LATE SIDDARAJU
AGED ABOUT 48 YEARS
R/O MACHENAHALLI VILLAGE
DANIDNASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572 216.
2. B S CHAITHRA
D/O LATE SIDDARAJU
AGED ABOUT 19 YEARS
3
R/O JOGIHALLI ROAD
MARUTHI EXTENSION,
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT - 572 216
3. ABHISHEK
S/O LATE SIDDARAJU
AGED ABOUT 13 YEARS
4. BABY D/O LATE SIDDARAJU
AGED ABOUT 10 YEARS,
SINCE MINOR
RESPONDENTS NO.3 AND 4 ARE MINORS
REPRESENTED BY MOTHER AND
NATURAL GUARDIAN
SMT VAJRAMMA
W/O LATE SIDDARAJU,
AGED ABOUT 48 YEARS
R/O MACHENAHALLI VILLAGE,
DANIDNASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT.
(VIDE ORDER DATED 19.10.2019
GUARDIANSHIP OF RESPONDENTS 3 AND 4
HAVE BEEN DISCHARGED)
5. SMT SULOCHANA
W/O H KRISHNAPPA
AGED ABOUT 51 YEARS
IST WARD
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT - 572 216
6. SMT SHAKUNTHALA
W/O. HONAPPA
AGED ABOUT 47 YEARS
R/AT NO.23, 4TH MAIN
4
RAMAMOHANAPURA,
BANGALORE -21
KUM PREMA
W/O S BASAVARAJU
SINCE DEAD BY LRS
7. S BASAVARAJU
S/O. B SREEKANTAIAH
AGED ABOUT 47 YEARS
R/AT NO.5/1, DEFENDANT STREET
10TH CROSS,
MAGADI ROAD
BANGALORE-23
8. MASTER RAHUL
S/O. BASAVARAJU
AGED ABOUT 13 YEARS
MINOR
REP. BY NEXT FRIEND & GUARDIAN
SMT SULOCHANA
(VIDE ORDER DATED 19.10.2019
GUARDIANSHIP OF RESPONDENT NO.5 IS
DISCHARGED)
9. DR C K UMESH
S/O K KRISHNAPPA
AGED ABOUT 47 YEARS
R/O COMMUNITY HEALTH CENTER QUARTERS
SIRA TOWN,
TUMKUR DISTRICT-572 216.
...RESPONDENTS
(BY SRI K.MAHESHA, ADVOCAET FOR R1, R3 & R4;
SRI JWALA KUMAR, ADVOCATE FOR R2;
SRI GANGAIAH, ADVOCATE FOR R5, R8 AND R9;
SRI G.C.SHANMUKHA, ADVOCATE FOR R6;
SRI H.T.VASANTH KUMAR, ADVOCATE FOR R7)
5
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 13.08.2008 PASSED IN
O.S.No.6880/1990 ON THE FILE OF THE I ADDL.CITY CIVIL
AND SESSIONS JUDGE, BANGALORE CITY, CCH.NO.2,
DECREEING THE SUIT FOR DECLARATION, PARTITION AND
SEPARATE POSSESSION AND THE APPELLANT HEREIN PRAYS
TO SET ASIDE THAT PORTION OF THE JUDGMENT AND
DECREE IN SO FAR AS IT RELATES TO REJECTION OF PART
OF THE PRAYER IS CONCERNED AND TO DECREE THE SUIT
GRANTING PARTITION AND SEPERATE POSSESSION OF
7/18TH SHARE IN THE PLAINT SCHEDULE PROPERTIES TO
THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.
IN HRRP No.81/2010
BETWEEN
SMT SHEELA GIRISH
W/O H.P. GIRISH,
AGED ABOUT 44 YEARS,
RESIDING AT NO.254, 9TH CROSS,
1ST N BLOCK, RAJAJINAGAR,
BANGALORE-560 010.
...PETITIONER
(BY SRI A V GANGADHARAPPA, ADVOCATE)
AND
SMT VAJRAMMA
W/O LATE SRI. SIDDARAJU,
AGED ABOUT 43 YEARS,
R/AT C/O MAHADEVAIAH,
MANCHENAHALLI(POST),
GANDIAN SHIVARA HOBLI,
TAVAREKERE TALUK,
6
TUMKUR DISTRICT.
...RESPONDENT
(BY SRI RAVISHANKAR & SRI K MAHESHA, ADVOCATES FOR
C/R)
THIS HRRP IS FILED U/S 46 OF KARNATAKA RENT
ACT, R/W SECTION 18 OF KARNATAKA SMALL CAUSES
COURTS ACT, 1964, AGAINST THE ORDER DATED
25.02.2010 PASSED IN HRC.NO.20/2007 ON THE FILE OF
THE CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE,
ALLOWING THE PETITION FILED U/S 27(2)(a) OF
KARNATAKA RENT ACT, 1999 AND ALLOWING THE PETITION
U/S 27(2) (o) & (r) OF KARNATAKA RENT ACT, 1999.
IN R.F.A.No.1381/2008
BETWEEN
1. VAJRAMMA
W/O LATE SIDDARAJU
AGED 42 YEARS
2. ABHISEK
S/O LATE SIDDARAJU
AGED 12 YEARS,
3. BABY
D/O LATE SIDDARAJU
AGED 10 YEARS,
APPELLANTS 2 AND 3 ARE
BEING MINORS
REPRESENTED BY THEIR MOTHER
NEXT FRIEND AND
GUARDIAN FIRST APPELLANT VAJRAMMA
7
ALL ARE R/AT MACHENAHALLI VILLAGE
DANDINASHIVARA HOBLI
TURUVEKERE TALUK
TUMKUR DISTRICT-572101
...APPELLANTS
(BY SRI K.MAHESHA, ADVOCATE)
AND
1. N NARAYANASWAMY
S/O LATE NARASIMHAIAH
NO 254, 1ST N BLOCK
RAJAJINAGAR
BANGALORE-560 010
PRESENTLY RESIDING AT
DEAD BY HIS LR'S
1(a) SMT.NAGARATNA @ RATNA
W/O LATE N.NARAYANASWAMY
AGED ABOUT 60 YEARS
1(b) SRI DINESH
S/O LATE N.NARAYANASWAMY
AGED ABOUT 39 YEARS
1(c) SRI DEVARAJU
S/O LATE N.NARAYANASWAMY
AGED ABOUT 36 YEARS
1(d) SMT.SAVITHA
D/O LATE N.NARAYANASWAMY
AGED ABOUT 30 YEARS
ALL ARE R/AT NO.396/A,
SREE SANGMESHWARA NILAYA
19-H, MAIN ROAD, 1ST N BLOCK
RAJAJINAGAR,
8
BANGALORE-560 010
2. B S CHAITHRA
(D/O FIRST WIFE)
D/O LATE SIDDARAJU
C/O H KRISHNAPPA
AGED ABOUT 20 YEARS
JOGIHALLI ROAD,
MARUTHI EXTENSION
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT-576101
3. SMT SULOCHANA
W/O H KRISHNAPPA
AGED ABOUT 54 YEARS
R/AT ANJANEYA TEMPLE
JOGIHALLI,
CHIKKANAYAKANAHALLI TALUK
TUMKUR DISTRICT
4. SMT SHAKUNTALA
W/O HONNAPPA
AGED ABOUT 50 YEARS
R/AT NO 23,
4TH MAIN, RAMAMOHANAPURA
BANGALORE-560 021
5. S BASAVARAJU
FATHER'S NAME NOT KNOWN
AGED ABOUT 50 YEARS
R/AT NO 5/1, DEFENDANT STREET,
10TH CROSS, MAGADI ROAD
BANGALORE-560 023
SINCE DEAD BY HIS LR R-6
RAHUL C.B. ALREADY ON RECORD
6. MASTER RAHUL
S/O BASAVARAJU
9
AGED ABOUT 11 YEARS
REPRESENTED BY HIS NEXT FRIEND
AND GUARDIAN SULOCHANA
W/O H KRISHNAPPA,
1ST WARD, CHIKKANAYAKANAHALLI
TUMKUR DISTRICT-576 101
7. DR C K UMESH
S/O K KRISHNAPPA
AGED ABOUT 49 YEARS
R/AT COMMUNITY HEALTH
CENTRE QUARTERS
SIRA, TUMKUR DISTRICT-572137
...RESPONDENTS
(BY SRI A.V.GANGADHARAPPA, ADVOCATE FOR R1(a TO d);
SRI JWALA KUMAR, ADVOCATE FOR R2;
SRI GANGAIAH, ADVOCATE FOR R3, R7;
SRI S.V.BHAT, ADVOCATE FOR R4;
SRI H.T.VASANTH KUMAR, ADVOCATE FOR R5;
R6 IS MINOR REPT. BY R3)
THIS RFA IS FILED U/S 96 CPC AGAINST THE
JUDGMENT AND DECREE DATED 13.08.2008 PASSED IN
O.S.NO.6880/1990 ON THE FILE OF THE I ADDL.CITY CIVIL
& SESSIONS JUDGE, BANGALORE, (CCH.NO.2), DECREEING
THE SUIT FOR DECLARATION, PARTITION AND SEPARATE
POSSESSION.
IN R.F.A.No.750/2009
BETWEEN
1. SMT.SULOCHANA
W/O H KRISHNAPPA
AGED ABOUT 33 YEARS
R/O CHIKKANAYAKANAHALLI,
I WARD, ANJANEYA TEMPLE STREET
10
TUMKUR DISTRICT-572 214
2. MASTER RAHUL
S/O BASAVARAJU
AGED ABOUT 5 YEARS
REPRESENTED BY NEXT FRIEND
SMT SULOCHANA
W/O H KRISHNAPPA
R/O CHIKKANAYAKANAHALLI,
I WARD, ANJANEYA TEMPLE STREET
TUMKUR DISTRICT - 572 214
3. DR C K UMESH
S/O KRISHNAPPA
AGE 45 YEARS
COMMUNITY HEALTH CENTRE QUARTERS
SIRA, TUMKUR DISTRICT-572 137
...APPELLANTS
(BY SRI GANGAIAH, ADVOCATE)
AND
1. N.NARAYANASWAMY
S/O LATE NARASIMHAIAH
NO.254, 1ST N BLOCK,
RAJAJINAGAR
BANGALORE-560 010
2. SMT VAJRAMMA
W/O LATE SIDDARAJU
AGED 41 YEARS
R/O MACHENAHALLI,
DANDINASHIVARA HOBLI
TAVAREKERE TALUKA
TUMKUR DISTRICT-572 139
3. B S CHITRA (D/O FIRST WIFE)
D/O LATE SIDDARAJU
11
C/O H.KRISHNAPPA
AGED ABOUT 18 YEARS
RESIDENT OF JOGIHALLI ROAD,
MARUTI EXTENTION
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT-572 214.
4. ABHISHEK
S/O LATE SIDDARAJU
AGED 5 YEARS
REPRESENTED BY MINOR
BY GUARDIAN
SMT VAJRAMMA
R/O MACHENAHALLI,
DANDINASHIVARA HOBLI
TAVAREKERE TALUKA
TUMKUR DISTRICT-572 139
5. BABY
D/O LATE SIDDARAJU
AGED 10 YEARS
REPRESENTED BY MINOR BY GUARDIAN
SMT VAJRAMMA
RESIDENT OF MACHENAHLLI,
DANDINASHIVARA HOBLI
TAVAREKERE TALUKA
TUMKUR DISTRICT-572 139
6. SMT SHAKUNTALA
W/O HONNAPPA
AGED ABOUT 50 YEARS
RESIDENT OF NO.23,
4TH MAIN, RAMACHANDRAPURA
BANGALORE-560 021
7. S BASAVARAJU
AGED 50 YEARS
12
R/O NO.5/1, DEFENDANT STREET
10TH CROSS, MAGADI ROAD
BANGALORE-560 023
...RESPONDENTS
(BY SRI G.RAVISHANKAR, ADVOCATE FOR R2, R4, R5;
SRI A.V.GANGADHARAPPA, ADVOCATE FOR R1;
R4-R5 ARE MINORS REPRESENTED BY R2;
R3 -SERVED)
THIS RFA IS FILED U/S 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 13.08.2008 PASSED IN
O.S.NO.6880/1990 ON THE FILE OF THE I ADDL. CITY CIVIL
& SESSIONS JUDGE, BANGALORE (CCH NO.2),DECREEING
THE SUIT FOR DECLARATION, PARTITION & SEPARATE
POSSESSION.
THESE APPEALS AND HRRP COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called out. Parties present. Sri.G.C.Shanmukha, learned counsel has filed vakalath for respondent No.6 in RFA No.1391/2008. He is permitted to sign the joint compromise petition.
Parties present. They have presented the compromise petition under Order XXIII Rule 3 CPC. The contents of the compromise petition is explained to the 13 parties in Kannada language. Parties submit that they have understood the contents of the compromise petition and depicts the true terms of settlement. There is no force, undue influence or coercion in reaching out the compromise terms. Hence, there is no impediment for this court to accept the compromise petition and dispose of the appeals in terms of the compromise petition.
Hence, the following:
ORDER RFA No.1391/2008, RFA No.1381/2008 and RFA No.750/2009 are disposed of in terms of the compromise petition.
Office is directed to draw final decree in terms of the compromise petition appending the copy of compromise petition as part of the decree. 14
In view of the disposal of the appeals, pending applications stand disposed of.
A Memo is filed in HRRP No.81/2010 by learned counsel for petitioner-Sri.A.V.Gangadharappa.
Memo reads as under:
"It is submitted that the petitioner has vacated the premises and lis does not survive. In view of the above, this petition may be dismissed as having infructuous."
In view of the memo, HRRP No.81/2010 stands dismissed as withdrawn.
Sd/-
JUDGE SBN