Karnataka High Court
N Shivananjappa Dead By Lrs vs Mohan Kumar C on 1 August, 2014
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 01ST DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
Regular Second Appeal No.1916 OF 2013 (SP)
BETWEEN:
N. SHIVANANJAPPA
DEAD BY LR'S
1. DEVEERAMMA
W/O. LATE N.SHIVANANJAPPA
AGED ABOUT 65 YEARS
RESIDING AT NITTUR
GUBBI TALUK.
2. JAYAPRAKASH
S/O. LATE N.SHIVANANJAPPA
AGED ABOUT 42 YEARS
RESIDING AT NITTUR
GUBBI TALUK.
3. SHARADAMMA
DEAD BY LRS'
3(a) MAHALINGAPPA
S/O. SHANKARAPPA
AGED ABOUT 49 YEARS.
3(b) MASTER BASAVARAJ
AGED ABOUT 9 YEARS
3(c) MASTER GAGAN
AGED ABOUT 6 YEARS.
2
APPELLANTS NO.3(a-c) ARE
RESIDING AT1THOGIRIGHATTA
KADABA HOBLI
GUBBI TALUK.
APPELLANTS 3(b-c)
STILL MINORS
REPRESNETED BY THEIR FATHER
AND NATURAL GUARDIAN
APPELLANT NO.3(a)
4. SIDDABASAVAIAH
S/O. LATE M. SHIVANANJAPPA
AGED ABOUT 45 YEARS
RESIDING AT
LAKSHIMDEVI NAGARA
NANDINI LAYOUT
BANGALORE - 560 036.
.... APPELLANTS
(BY SRI. VARADARAJAN M.S., ADV.)
AND:
1. MOHAN KUMAR C
S/O. LATE K.P. CHANNA BASAPPA
AGED ABOUT 47 YEARS.
2. JAYAMMA
W/O. LATE CHANNABASAPPA
AGED ABOUT 67 YEARS.
RESPONDENTS 1 AND 2 ARE
RESIDING AT
NAVILEHOSUR
KASABA HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT.
3
BASAPPA
DEAD BY LRS;
3. PREMA
W/O. LATE SIDDALINGAPPA
AGED ABOUT 62 YEARS
RESIDING AT
NELAMANGALA
BANGALORE DISTRICT.
4. RUDRANAMMA
W/O. MURTHAPPA
AGED ABOUT 48 YEARS
RESIDING AT
RAMDIHALLI
THURUVEKERE TALUK.
5. P.B. RUDRAIAH
S/O. BASAPPA
AGED ABOUT 54 YEARS
RESIDING AT
PURA, NITTUR HOBLI
GUBBI TALUK.
6. P.B.KALLESHAPPA
S/O. BASAPPA
AGED ABOUT 50 YEARS
RESIDING AT
PURA, NITTUR HOBLI
GUBBI TALUK.
... RESPONDENTS
(BY SRI. B.G. CHANDRAMOULI, ADV.,)
R.3 TO R6 ARE DELETED V/O.DTD.1.8.14)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAISNT THE JUDGMENT & DECREE DTD.26.10.2013
PASSED IN R.A.NO.20/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, GUBBI, ALLOWING THE APPEAL
4
AND SETTING ASIDE THE JUDGMENT AND DECREE
DTD.13.4.2011 PASSED IN OS NO.295/1999 ON THE FILE
OF PRINCIPAL CIVIL JUDGE, GUBBI AND ETC.,
THIS RSA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
This appeal is directed against the judgment and decree in R.A.No.20/2011 dated 26.10.2013 on the file of the Senior Civil Judge and JMFC, Gubbi.
2. The appellants are the plaintiffs in O.S.No.295/1999 on the file of the Civil Judge, Gubbi. They filed the said suit against the owners of the property as also subsequent purchasers (respondent Nos.1 and 2 in this appeal), for specific performance of an agreement to sell dated 17.6.1997. The trial Court decreed the suit by its judgment and decree dated 13.4.2011. Feeling aggrieved, respondent Nos.1 and 2 filed R.A.No.20/2011 before the Senior Civil Judge and 5 JMFC, Gubbi. The first appellate Court has allowed the appeal and set aside the judgment and decree of the trial Court and has dismissed the suit. The plaintiffs have challenged the said judgment and decree in this appeal.
3. Learned counsel for the parties submit that the matter has been amicably settled between the appellants and respondent Nos.1 and 2. They have filed a compromise petition under Order 23 Rule 3 of CPC, reporting the terms of settlement, which is as under:
"The parties to the above R.S.A. respectfully submits as follows:
R.S.A.No.1916/2013 arose out of R.A.No.20/2011 in O.S.No.99/2004 and R.S.A.No.1917/2013 arose out of O.S.No.295/1999 and R.A.No.21/2011.6
The subject matter of both the suits is one and the same, being land bearing Sy.No.25, measuring 0.36 guntas situated at Nittur Kasaba, Nittur Hobli, Gubbi Taluk, bounded on East by: Basti Inam land, West by:Land of Virupakshaiah, North by: Land of Kallaiah, and his sons and south by: Karab channel.
During the pendency of above R.S.A., by the intervention of well wishers of both the parties, the dispute between the parties is settled amicably for betterment of both the parties and accordingly, the compromise petition is filed.
In view of the compromise/settlement arrived at between the parties, the appellants in both the R.S.A.s have restricted their claim to 13¾ guntas out of the above entire property measuring 0.36 guntas and the said 13¾ guntas is morefully described and detailed in the schedule A herein below and the respondents in both the R.S.A. have restricted their claim to 22 ¼ guntas of land out of the above entire property measuring 0.36 guntas 7 and the said 22 ¼ gutnas of land is more fully described and detailed in schedule B herein beow.
It agreed between the parties that other than the above said arrangements, either of the parties shall not claim any monitary benefits or compensation whatsoever.
It is agreed between the parties that, the above compromise is entered into by appellant 3(a), in the interest of minor children appellant 3(b) and 3(c) and therefore there is no impediment for accepting the compromise.
Both the parties agree that the parties shall co- operate with each other for execution of necessary conveyance and other revenue related documents with respect to schedule A and B property and the respective parties are at liberty to register the property falling to their respective shares in the name of any party they intend to or to execute it in the joint names.8
It is agreed between the parties that the sketch enclosed with this compromise shall be the part and parcel of the document that is to be executed in terms of the compromise.
The parties do hereby declare that they have entered into this compromise voluntarily and out of their free will and there is no fraud, coercion, mis- representation or mistake in entering into this compromise.
The parties, wherefore pray that this Hon'ble Court be pleased to pass a decree in terms of this compromise.
SCHEDULE A (allotted to the share of appellants) All that piece and parcel of land bearing Sy.No.25, measuring 0.13¾ and carved out of larger property measuring 0.36 guntas situated at Nittur Kasaba, Nittur Hobli, Gubbi Taluk (coloured red in the sketch) and bounded on 9 East by:- property of Shantinatha Basadi.
West by:- property allotted to the share of Mohan Kumr and Jayamma in the same Survey No. North by:- Hemavathi Channel and property Chinnaiah.
South by:- property of Mohan Kumar and Jayamma.
SCHEDULE B (allotted to the share of Respondents) All the piece and parce of land bearing Sy.No.25, measuring 0.22¼ and carved out of larger property measuring 0.36 guntas situated at Nittur Kasaba, Nittur Hobli, Gubbi Taluk, (coloured blue in the sketch) and bounded on:
East by: property allotted to appellants in same
Sy.No.
West by: property of Chikkanna
10
North by: Hemavathi Channel and property
Chinnaiah
South by: property of N.A.Nanjappa."
4. Appellant Nos.3(b) and 3(c) are minors and are represented by their father and natural guardian respondent No.3(a). Perusal of the application shows that the parties and their respective learned advocates have signed the said application. Learned counsel for respondent Nos.3(a) to 3(c) has also filed a certificate stating that the compromise entered into between the parties is in the interest of the minor children of respondent No.3(a) namely, respondent Nos.3(b) and 3(c).
5. Having heard the learned counsel for the parties, I am of the view that the compromise entered into between the parties is just, lawful and reasonable. 11
6. Therefore, the appeal is disposed of in terms of compromise petition. The judgment and decree impugned herein stands modified accordingly. The sketch filed along with the compromise petition is also treated as a part of the decree. No costs.
7. Draw the decree in the aforesaid terms.
Sd/-
JUDGE SA*