Karnataka High Court
M/S. Reliable Avia vs Smt. Rathnamma on 13 October, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:37847-DB
RFA No. 1708 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1708 OF 2015 (PAR/DEC)
BETWEEN:
Digitally signed by 1. M/S. RELIABLE AVIA
YASHODHA N
Location: HIGH
A PARTNERSHIP FIRM
COURT OF HAVING ITS OFFICE AT:
KARNATAKA
"RELIABLE PHOENIX TOWERS"
NO.16 AND 16/1, MUSEUM ROAD
BENGALURU-560 001.
REPRESENTED BY ITS
MANAGING PARTNER
1(A) SRI. RAMA REDDY
S/O SRI. A.ASHWATHNARAYANA REDDY
AGED ABOUT 41 YEARS
1(B) SRI. KIRAN. V
S/O SRI. VENUGOPAL REDDY
AGED ABOUT 38 YEARS
MANAGING PARTNER ...APPELLANTS
(BY SHRI. V.B. SHIVA KUMAR, ADVOCATE)
AND:
1. SMT. RATHNAMMA
W/O LATE NARAYANAPPA
D/O LATE CHIKKANNA @ CHIKKABANGAPPA
AGED ABOUT 57 YEARS
RESIDING AT NO.85, GORIPALYA
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RFA No. 1708 of 2015
BEHIND TALUK OFFICE
DEVANAHALLI TOWN-562 110.
2. SMT. ANJANAMMA
W/O T.P. GIDDAPPA
D/O LATE CHIKKANNA @ CHIKKABANAGAPPA
AGED ABOUT 53 YEARS
RESIDING AT NO.85, GORIPALYA
BEHIND TALUK OFFICE
DEVANAHALLI TOWN-562 110.
3. SMT. NARAYANAMMA
W/O LATE CHIKKANNA @ CHIKKABANGAPPA
AGED ABOUT 76 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
4. DR. MUNIVENKATAPPA
S/O LATE CHIKKANNA @ CHIKKABANAGAPPA
AGED ABOUT 59 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
5. SMT. MEERA
W/O DR. MUNIVENKATAPPA
AGED ABOUT 52 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
6. SRI. NAGESH. M
S/O DR. MUNIVENKATAPPA
AGED ABOUT 30 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
7. SRI. ASHWIN KUMAR. M
S/O DR. MUNIVENKATAPPA
AGED ABOUT 26 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
8. PRIYANKA. M
D/O DR. MUNIVENKATAPPA
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RFA No. 1708 of 2015
AGED ABOUT 24 YEARS
RESIDING AT HOUSE NO.207/581
PRASHANTH NAGARA
DEVANAHALLI TOWN-562 110.
9. SRI. L.P. KRISHNA REDDY
S/O SUNDAR RAMA REDDY
AGED ABOUT 54 YEARS
RESIDING AT NO.26/3049
SHANKARAN COLONY
VEDAYAPALEM, NELLUR
ANDHRA PRADESH.
10. M/S. ASTIVA PROMOTERS AND
DEVELOPERS PVT. LTD.
HAVING ITS OFFICE AT NO.30/1
DVG ROAD, BASAVANAGUDI
BENGALURU-560 004.
REPRESENTED BY ITS DIRECTOR
SRI. PRAMODKUMAR P. LAXMIN
S/O B. PRASANAIAH.
11. SRI. S.R. NAGARAJ
S/O LATE RAMAKRISHNAPPA
AGED ABOUT 48 YEARS
RESIDING AT NO.110, 3RD MAIN
BTM, 2ND STAGE, N.S. PALYA
BENGALURU-560 076. ...RESPONDENTS
(BY SHRI. M.K. GIRISH, ADVOCATE FOR R1 AND R2;
V/O DATED 13/10/2023, APPEAL QUA R3 TO R11
IS DISMISSED AS WITHDRAWN;
R4, R5, R7 TO R9 ARE SERVED)
THIS RFA IS FILED UNDER SEC.96(1) OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 16.10.2015 PASSED IN O.S
NO.143/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,
DEVANAHALLI, PARTLY DECREEING THE SUIT FOR PARTITION AND
DECLARATION.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC:37847-DB
RFA No. 1708 of 2015
JUDGMENT
This appeal under Section 96 of Code of Civil Procedure, 1908 is filed by defendant No.10 in O.S.No.143/2011 challenging the judgment and decree dated October 16, 2015 passed by the Senior Civil Judge & JMFC, Devanahalli.
2. Suit is filed by respondents No.1 & 2 for partition and it has been decreed.
3. Heard Shri. V.B.Shivakumar, learned Advocate for the appellants and Shri. M.K.Girish, learned Advocate for respondents No.1 & 2.
4. Shri A.Rama Reddy, Managing Partner of appellant-partnership firm is present before the court and he is identified by his advocate Shri V.B.Shivakumar.
Smt.Rathnamma and Smt.Anjanamma, plaintiffs/ respondents No.1 & 2 are present before the Court and they are identified by their advocate Shri M.K.Girish.
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5. Learned Advocates on both sides jointly submit that during the pendency of this appeal, parties have amicably resolved the dispute. A compromise petition under Order XXIII Rule 3 r/w Section 151 of CPC duly signed by the appellant, respondents No.1 & 2 and their respective Advocates along with a sketch has been filed in Court today.
As per the terms of compromise, appellant has agreed to give 'B' schedule property mentioned in the compromise petition to respondents No.1 & 2 jointly. Respondents No.1 & 2 submit that appellant has accepted to remove the construction in 'B' schedule property and level the land.
Shri Rama Reddy, appellant's Managing Partner undertakes to do the same within two weeks from today. His submission is placed on record. Both the parties agree to the terms of compromise and pray that this appeal may be disposed of in terms of the compromise.
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6. The terms of compromise read as follows:
"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE The Appellant and the Respondents No.1 and 2 in the above case beg to submit as follows:
1. The Appellant and the Respondents No.1 and 2 have amicably settled the dispute between the Appellant and the Respondents No.1 and 2.
2. Plaintiffs No.1 and 2 who are Respondents No.1 and 2 filed OS.No.143/2011 for Partition/Declaration and Possession pertaining to the converted Land bearing Sy.No.73/2 3 Acres 4 Guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk.
3. The Sale Deed came to be executed in favour of Reliable Avia, a Partnership Business concern represented by its Partners A.Rama Reddy and Kiran.V having its Office at "Reliable Phoenix Towers", No.16 and 16/1, Museum Road, Bengaluru. The sale deed came to be executed on
7.10.2006 registered as Document No.5931/2006-07, Book-1 registered in the office of the sub Registrar, Devanahalli executed by L.P.Krishna Reddy S/o.Sundar Rama Reddy and conveying Sy.No.72/4, 1 Acre 9 guntas, 25 guntas of land in Sy.No.72/5 and 20 guntas in Sy.No.72/5 of Akkupete Village, Kasaba Hobli, Devanahalli Taluk. Chikkanna @ Chikkabangappa and his son Dr.C.Munivenkatappa entered into registered sale deed and -7- NC: 2023:KHC:37847-DB RFA No. 1708 of 2015 accordingly on 22.01.1997 with Confirming Party agreeing for the sale of the properties for a valuable consideration.
4. Smt. Narayanamma W/o. Late Chikkanna @ Chikkabangappa under a registered sale deed dated 15.10.2005 since deceased with sons and grandchildren conveyed the property in favour of L.P.Krishna Reddy S/o. Sundar Rama Reddy, under a registered sale deed dated 7.10.2006 L.P.Krishna Reddy sold the property for a valuable consideration in the Office of the Sub Registrar after registering and completed the transactions.
5. Sri.Marappa, Sri.Chikkamarakka, Sri.Doddavenkatesh Sarasamma, Munikatappa and others executed a Deed of Confirmation in favour of M/s. Astitva Promoters and Developers and the entire extent of the property came to be developed which is subject matter of the Appeal and the entire extent of the land has been formed as a composite property for the purposes of development of the property that which came to be developed are:
(a) Sy.No.72/4 measuring 1 Acre 9 Guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk,
(b) Sy.No.72/5 measuring 25 guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk;
(c) Sy.No.72/5 measuring 20 guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk converted for residential purposes and which are involved in the decree.
All the aforesaid properties are conveyed in favour of the Appellant and the Appellant has formed Layout of residential sites and on forming the layout residential sites -8- NC: 2023:KHC:37847-DB RFA No. 1708 of 2015 have alienated the sites in favour of Prospective Purchasers who have purchased the properties under various sale deeds executed pertaining to the immovable properties. The right title interest and ownership of the properties vest with the site owners who have purchased the properties from M/s.Astitva Promoters and Developers. A sketch is produced, as many as sites have been formed with an area extent facilities provided and named as Reliaable Avia Layout, Akkupete Village, Prasannahalli Main Road, Devanahalli, Bengaluru.
6. The Appellant has agreed to surrender an extent of 7200 square feet of site area to the 1st and 2nd Plaintiff/1st and 2nd Respondent under this compromise, a sketch indicating the total extent of land which is referred to as A-schedule property and the schedule item properties which are described in the schedule to this Compromise Petition as B-schedule property which are surrendered to be handed over to the plaintiffs as their right to the property which is described as B-Schedule Property to this Compromise Petition. The Plaintiffs in the Trial Court and the Appellant and the other respondents have agreed and accepted to put forward the terms and conditions of this settlement in order to surrender the B-schedule property as share of the plaintiffs/respondents No.1 and 2, Respondents No.1 and 2 have agreed and accepted for the said portion of the property to be allotted to them as their share and have agreed and accepted to take the said property in terms of the decree granted by the Trial Court and therefore seek for drawing up a Final Decree at the hands of this Hon'ble court by allotment of the said property to them jointly on the following terms and conditions.
-9-NC: 2023:KHC:37847-DB RFA No. 1708 of 2015 TERMS AND CONDITIONS:
(A) The Appellant, a Partnership Firm by its Partners have agreed for physical demarcation of the properties which is B-schedule property given and described to this Compromise Petition.
(B) Plaintiffs/Respondents No.1 and 2 have agreed accepted to get their right pertaining to B-schedule property which is a converted portion of A-schedule property by making an application on the basis of this Compromise Petition to get the katha transferred to their names together with the right to pay taxes for Item No.1 and 2 properties.
(C) Appellant hereby surrender their rights in favour of Plaintiffs/Respondents No.1 and 2 pertaining to Item No.1 and 2 properties.
(D) Plaintiffs/Respondents No.1 and 2 have accepted to relinquish their rights for the remaining portion of A-
schedule property and on surrendering their rights in reference to the A-schedule property they had undertaken that they will not initiate any court proceedings or interfere with the individual site owners who would be undertaking construction of their respective residential property and also undertake they will not claim any right pertaining to the park area, proposed Commercial Area G+3 for Apollo Diagnostics and also to any of the site owners who are site owners at Serial No.1 to 54 in the A-schedule property.
(E) Plaintiffs/Respondents No.1 and 2 are entitle to use the Park area, road provided to the property and also are entitle
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(F) Plaintiffs/Respondents No.1 and 2 are entitle to obtain sanction plan, proceed to put up construction of their property in accordance with the regularization and rules provided for construction of the building of their choice.
(G) A Final Decree ordered to be drawn in terms of this Compromise Petition the plaintiffs/respondents No.1 and 2 are entitle to get a registered Deed of this Compromise Petition registered in their names pertaining to Item No.1 and 2 at their costs.
(H) This Compromise petition is between the Appellant and Respondents No.1 and 2. The remaining respondents are not into compromise no decree is sought or relief as against them in the Appeal. Accordingly, the Compromise may be confined to Appellant and Respondents No.1 and 2.
SCHEDULE-A PROPERTY Item No.1:
All that piece and parcel of property bearing Sy.No.72/4 measuring 1 acre 9 guntas situated at Akkupete Village, Kasaba Hobil, Devanahalli Taluk.
Item No.2:
All that piece and parcel of property bearing Sy.No.72/5 measuring 25 guntas situated at Akkupete Village, Kasaba Hobil, Devanahalli Taluk.
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NC: 2023:KHC:37847-DB RFA No. 1708 of 2015 Item No.3:
All that piece and parcel of property bearing Sy.No.72/5 measuring 20 guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk.
All the Item No.1 to 3 are adjacent to each other forming single plot with common boundaries and bounded on:
East by: Land of Srinivasappa and others;
West by: Road;
North by: Land of Anjinappa, Venkatesh and sons of Late
Chikkamuniyappa;
South by: Land of Byrappa now sold to Sri.Hari;
SCHEDULE-B PROPERTY
All that piece and parcel of portion of the converted property in measuring to an extent of 7200 Sq. ft., in Sy.No.72/3 along with A-schedule property bearing Sy.No.72/4 measuring 1 acre 9 guntas, Sy.No.72/5 measuring 25 guntas and Sy.No.72/5 measuring 20 guntas situated at Akkupete Village, Kasaba Hobli, Devanahalli Taluk, which is bounded on the East by: 20 feet wide road and thereafter park;
West by: Prasanahalli Main Road;
North by: Akash Hospital Compound Wall;
South by: Proposed commercial building G+3 for Apollo
Diagnostics;
The B-Schedule Property has been identified in the sketch enclosed along with this Compromise Petition.
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NC: 2023:KHC:37847-DB RFA No. 1708 of 2015 WHEREFORE, Appellant and Respondents No.1 and 2 prays that this Hon'ble Court may be pleased to decree/allow the appeal in terms of this compromise petition on the terms and conditions referred to above in the interest of justice."
7. In our opinion, compromise arrived between the parties is lawful and hence accepted. Judgment and decree dated 16.10.2015 in O.S.No.143/2011 passed by the Senior Civil Judge & JMFC, Devanahalli, shall stand modified in terms of compromise arrived between the parties and this appeal is accordingly disposed of.
8. Decree shall be drawn accordingly. Parties shall bear their own costs.
9. In view of disposal of this appeal, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE YN, List No.: 1 Sl No.: 20