Karnataka High Court
Smt. Lakshmamma vs Smt. Rekha on 31 January, 2018
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2018
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
R.S.A. No.1741/2017 C/W
R.S.A. No.1742/2017
IN R.S.A. No.1741/2017
BETWEEN:
SMT. LAKSHMAMMA
W/O. LATE KARIYAPPA,
AGED ABOUT 67 YEARS,
GALLIHALLY VILLAGE,
BIRUR HOBLI,
KADUR TALUK - 577 116.
SRI KARIYAPPA
S/O. LATE SANNA GOVINDAPPA.
(DELETED V.C.O. DATED 12/10/2017) ... APPELLANT
(BY SRI: VARUN J. PATIL, ADVOCATE)
AND:
SMT. REKHA
W/O. H YOGISH,
D/O. KESHAVA MURTHY,
AGED ABOUT 26 YEARS,
HULLE HALLI, BIRUR HOBLI,
KADUR TALUK - 577 116.
CHIKKAMAGALURU DISTRICT. ... RESPONDENT
(BY SRI: R.B. DESHPANDE, ADVOCATE FOR C/R)
*****
THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGMENT & DECREE DTD:07.07.2017 PASSED IN
R.A.NO.3/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, CHIKKAMAGALURU, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE
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DTD:29.11.2014 PASSED IN O.S.NO.15/2009 ON THE FILE OF
THE SENIOR CIVIL JUDGE & JMFC, KADUR.
IN R.S.A. No.1742/2017
BETWEEN:
SMT. LAKSHMAMMA
W/O. LATE KARIYAPPA,
AGED ABOUT 67 YEARS,
GALLIHALLY VILLAGE,
BIRUR HOBLI,
KADUR TALUK - 577 116.
SRI KARIYAPPA
S/O. LATE SANNA GOVINDAPPA.
(DELETED V.C.O. DATED 12/10/2017) ... APPELLANT
(BY SRI: VARUN J. PATIL, ADVOCATE)
AND:
MR. YOGISH
S/O. HANUMANTHAPPA,
AGED ABOUT 33 YEARS,
B.K. HOSUR, BIRUR HOBLI,
KADUR TALUK - 577 116.
CHIKKAMAGALURU DISTRICT. ... RESPONDENT
(BY SRI: R.B. DESHPANDE, ADVOCATE FOR C/R)
*****
THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGMENT & DECREE DTD:07.07.2017 PASSED IN
R.A.NO.4/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, CHIKKAMAGALURU, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE
DTD:29.11.2014 PASSED IN O.S.NO.16/2009 ON THE FILE OF
THE SENIOR CIVIL JUDGE & JMFC, KADUR.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
COURT DELIVERED THE FOLLOWING:-
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JUDGMENT
Though these regular second appeals are listed for admission, learned counsel for both parties in presence of their parties submit that parties have arrived at a negotiated settlement and that a Memorandum of Compromise is being filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) and that the appeals may be disposed of in terms of the compromise arrived at between the parties by modifying the judgment and decree of the Courts below.
2. R.S.A.No.1741/2017 has been filed by defendant No.1 in O.S.No.15/2009 assailing judgment and decree passed in R.A.No.3/2015 by the Prl. Dist. Judge at Chikkamagaluru by which, judgment and decree passed by the learned Senior Civil Judge and JMFC at Kadur, in O.S.No.15/2009 dated 29/11/2014 has been set aside by allowing the said regular appeal and decreeing the suit filed by the respondent - plaintiff.
3. Respondent - plaintiff had filed O.S.No.15/2009 seeking the relief of declaration that she is the absolute owner and in lawful possession of the suit schedule property and consequentially, for a decree of permanent
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injunction restraining the defendant from interfering, obstructing and disturbing her possession of the suit schedule property. By judgment and decree dated 29/11/2014, the said suit was dismissed. Being aggrieved by the dismissal of the suit, respondent herein filed R.A.No.3/2015 before the First Appellate Court which has allowed the appeal in the aforesaid terms and decreed the suit. Being aggrieved by the relief granted by the First Appellate Court, defendant No.1 has filed this appeal.
4. RSA.No.1742/2017 has been filed by defendant in O.S.No.16/2009 assailing judgment and decree passed in R.A.No.4/2015 by the Prl. Dist. Judge at Chikkamagaluru, dated 07/07/2017 by which, judgment and decree passed in O.S.No.16/2009 by the Senior Civil Judge and JMFC at Kadur, dated 29/11/2014 has been set aside by allowing the regular appeal and the suit filed by respondent - plaintiff has been decreed.
5. At this stage, it may be noted that respondents in these appeals were plaintiffs, who are wife and husband respectively. Appellant in these appeals was defendant No.1 in both the suits. Learned counsel for respective parties submit that during the pendency of these appeals,
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parties have negotiated a settlement and seek for disposal of these appeals in terms of the Memorandum of Compromise arrived at between them.
6. Learned counsel for respective parties have identified their parties. Appellant and respondents in both the appeals jointly submit that they have agreed to settle the dispute between them by arriving at a compromise and have filed the compromise petition stating that there has been no force or coercion from any quarter and that they have arrived at a settlement on their own volition and therefore, submitted that the appeals may be disposed of in terms of the compromise arrived at between them. The memorandum of compromise is taken on record. The relevant portion of the memorandum of compromise reads as under:-
"COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE The Appellant and the Respondent respectfully submit to this Hon'ble Court that they do hereby settle the captioned Appeal under the following terms and conditions:
1. x x x
2. x x x
3. x x x
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4. It is hereby agreed that, the property bearing SY No.21/3 measuring 2.10 acres situated at Kadur Taluk, Birur Hobli, Gollarahalli Village would fall into the share of the Appellant herein.
SCHEDULE North by: Canal South by: Land belonging to Vasu S/o Anathmurty West by: Land belonging to shivamma W/o Lokesh East by: Land belonging to C.R.Srinivas Murthy
5. It is further agreed between the parties that, the land measuring 40 by 68 situated in Kadur Taluk, Birur Hobli, Chickangala Gram Panchayat limit bearing assessment No.123 would also be part of the Appellant's share.
SCHEDULE
North by: Yemmedoddi Road
South by: Property belonging to
Lakshmanappnavar
West by: Property belonging to
Bommajji Chandrappa
East by: House belonging to
Dasegowda
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6. It is agreed between the parties herein that, the property situated in SY No.17/1A. Kadur Taluk, Birur Hobli, Gollarahalli Village, measuring 2.27 acres would be part of share of the husband of the Respondent herein.
SCHEDULE
North by: Land belonging to
Hanumantappa
South by: Road
West by: Land belonging to Lalitamma
and Doddaiahnavar
East by: Land belonging to Govindappa
7. It is agreed between the parties that, the Respondent herein has also received Rs.3,50,000/- by way of a DD dated 11/01/2018 bearing No.787012 drawn on Canara Bank Chikkangala branch in favour of Yogesh the Respondent in R.S.A. No.1742/2017. It is further agreed that Rs.3,50,000/- would be paid by way of DD dated 11/01/2018 bearing No.787013 in favour of Rekha the Repondent herein drawn on Canara Bank Chikkangala branch.
8. It is submitted that, the Appellant has executed a gift deed in favour of her daughter Bhagya bequeathing 2.10 acres
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situated at Kadur Taluk, Birur Hobli, Gollarahalli Village vide a gift deed dated 18/08/2017. It has been agreed between the parties that, the aforementioned land has would be part of the Appellant's share as per the settlement agreed between the parties.
9. Both the parties hereby agree that they will not file any case against each other in any Court of law in respect to the properties mentioned in the captioned compromise petition.
WHEREFORE, the Appellant and the Respondent humbly pray that this Hon'ble court may be pleased to allow this Appeal in terms and conditions of this compromise Petition and set aside the judgment and decree passed in R.A.No.3/2015 (In R.S.A. No.1741/2017) and R.A.No.4/2015 (In R.S.A. No.1742/2017) passed by the PRL. District Judge Chikkamagaluru and be pleased to pass a decree in terms of the captioned compromise petition."
7. Compromise petition is signed by both parties to the appeals. It is noted that terms of the compromise arrived at between the parties have been accepted by both parties and they have agreed to the terms of the
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compromise. Further, learned counsel for appellant submits that two Demand Drafts bearing Nos.787012 and 787013, dated 11/01/2018, for a sum of Rs.3,50,000/- each [Rupees three lakh fifty thousand only] in the name of Yogish and Rekha respectively, are being handed over by the appellant - Lakshmamma, before the Court. Respondents have, received both the demand drafts for the aforesaid amounts and acknowledge receipt of the same.
8. Having heard learned counsel for respective parties and on perusal of the terms of the compromise, I am of the view that the compromise entered into between the parties can be accepted. In the circumstances, judgment and decree of the Courts below out of which these appeals arise are set aside. The appeals are accordingly disposed in terms of the compromise arrived at between the parties.
Registry is directed to draw up a decree in terms of the compromise entered into between the parties. The original Memorandum of Compromise shall be placed in the file pertaining to RSA.No.1741/2017. Office to make a
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photocopy of the same and place the same in file pertaining to RSA.No.1742/2017.
In view of the disposal of the appeals, I.A.No.I/2017 filed in both the appeals stand disposed of.
Sd/-
JUDGE *mvs