Karnataka High Court
Somanna vs Channabasavanna on 19 March, 2020
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
RSA.599/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH 2020
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
R.S.A.No.599/2016
BETWEEN:
1. SOMANNA, AGED ABOUT 76 YEARS,
S/O LATE VEERATHAIAH,
2. GOWRAMMA, AGED ABOUT 61 YEARS,
W/O VEERANNA,
D/O LATE VEERAPPA @ MOGGA,
BOTH ARE RESIDING AT
MALLAHALLI, (BEERIHUNDI) VILLAGE,
JAYAPURA HOBLI,
MYSURU TALUK & DISTRICT,
PIN-570 026. ... APPELLANTS
(BY SRI. NARASIMHA MURTHY K., ADVOCATE)
AND:
1. CHANNABASAVANNA
AGED ABOUT 46 YEARS,
S/O. LATE SHIVANNA @ SHIVAPPA,
2. SANNAMMA @ DEVAMMA
SINCE DEAD REPRESENTED HER LRs
RESPONDENT No.1,3 TO 5 & 10.
AGED ABOUT 76 YEARS,
W/O. LATE SHIVANNA @ SHIVAPPA,
BOTH ARE R/AT ALANAHALLI VILLAGE,
HAMPAPURA HOBLI,
RSA.599/2016
2
H.D. KOTE TALUK, MYSURU DISTRICT,
PIN: 571 125.
3. SAVITHRAMMA, AGED ABOUT 56 YEARS,
W/O. SHIVAMALLAPPA,
D/O. LATE SHIVANNA @ SHIVAPPA,
R/AT SHETTANAYAKANAHALLI VILLAGE,
YELWALA HOBLI,,
MYSURU TALUK AND DISTRICT,
PIN: 571 130.
4. NEELAMMA, AGED ABOUT 54 YEARS,
D/O. LATE SHIVANNA @ SHIVAPPA,
R/AT MADAHALLI VILLAGE,
JAYAPURA HOBLI,
MYSURU TALUK AND DISTRICT,
PIN-570 026.
5. SAKAMMA, AGED ABOUT 52 YEARS,
D/O. LATE SHIVANNA @ SHIVAPPA,
R/AT PURA VILLAGE, HAMPAPURA HOBLI,
H.D. KOTE TALUK, MYSURU DISTRICT,
PIN-571 125.
6. NAGAMMA, AGED ABOUT 66 YEARS,
W/O. CHIKKANNA,
R/AT D. NO.2352, NIKITHA NILAYA,
CHELUVARAYA SWAMY KRUPA,
RAMAMANDIRA,
ANJANEYASWAMY TEMPLE ROAD,
VINAYAKA NAGARA, PADUVARAHALLI,
CHAMARAJA MOHALLA, MYSURU-577 001.
7. JAYAMMA, W/O SHIVAKUMAR
AGED ABOUT 59 YEARS,
D/O. LATE VEERAPPA @ MOOGA,
R/AT VADDARAGUDI VILLAGE,
BILIKERE HOBLI, HUNSUR TALUK,
MYSURU DISTRICT, PIN-571 103.
RSA.599/2016
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8. SAKAMMA, AGED ABOUT 56 YEARS,
W/O. MALLIKARJUNA,
D/O. LATE VEERAPPA @ MOOGA,
R/AT HALLADA MANUGANAHALLI,
HAMPAPURA HOBLI, H.D. KOTE TALUK,
MYSURU DISTRICT, PIN-571 125.
9. CHINNAMMA, AGED ABOUT 81 YEARS,
W/O. LATE VEERAPPA @ MOOGA,
R/AT BEERIHUNDI VILLAGE,
JAYAPURA HOBLI,
MYSURU TALUK AND DISTRICT,
PIN-570 026.
10. A.S. RAVIKUMAR, AGED ABOUT 41 YEARS,
S/O LATE SHIVANNA, ALANAHALLI VILLAGE,
HAMPAPURA HOBLI,
H.D. KOTE TALUK,
MYSORE DISTRICT-571 125. ... RESPONDENTS
(BY SRI. N. NANJUDASWAMY, ADVOCATE FOR R-1, R-3
TO R-5 AND R-10, SRI. M.M.PRASHANTHA, ADVOCATE
FOR R-7 TO R-9, R-6 SERVED AND UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
1908 AGAINST THE JUDGMENT AND DECREE DATED:
17.12.215 PASSED IN RA.No.402/2012 ON THE FILE OF THE
VII ADDITIONAL, DISTRICT JUDGE MYSURU, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED:108.2012 PASSED IN OS.No.658/2006 ON THE FILE
OF THE COURT OF SMALL CAUSES AND SR.C.J. MYSURU.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
RSA.599/2016
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JUDGMENT
1. All the parties, except respondent Nos.6 and 9 are present before the Court and are identified by their respective counsel.
2. Respondent No.6 is the purchaser of one of the suit schedule properties and since she has no interest in the subject matter of the compromise, her presence is dispensed with.
3. Respondent No.9 is represented by appellant No.2 as General Power of Attorney holder and hence, her presence is dispensed with.
4. Learned counsel for both the parties filed a compromise petition. The terms of which reads as under:
"1. The appellants and respondent Nos.1, 3 to 5, 10 and 7 to 9 at the intervention of Hon'ble High Court, village elders, common friends, relatives have amicably settled the matter between themselves.
2. The appellants and respondent Nos.1, 3 to 5, 10 and 7 to 9 have agreed that, the appellants and respondent Nos.7 to 9 agreed and consented to allot RSA.599/2016 5 item No.4, Land bearing Sy.No:46/3 measuring 20 guntas and land bearing Sy.No:46/8 measuring 20 guntas of land having common boundaries bounded on East by: land of Naga, West by Land of Basavarajappa, North by Land of Somanna (1st Appellant) and South by Land of Basavanna more fully described in the schedule below and herein after called the Item No.4 of schedule property as 1/3rd share of Shivanna, father of respondent Nos.1, 3 to 5 and respondent Nos.1, 3 to 5, 10 have no further claim against the appellants and respondent Nos.6 to
9.
3. The respondent Nos.1, 3 to 5, 10 by taking item No.4 of the schedule property as 1/3rd share of Shivanna have no further claim what so ever manner against the appellants and respondent Nos.6 to 9 in respect of the other suit schedule properties. The respondent Nos.1, 3 to 5, 10 relinquish their right, title and interest on Item No.1 to 3 and Item Nos.5 to 8 of the suit schedule property in favour of the appellants herein.
4. The appellants by taking Item Nos.1 to 3 and Item Nos.5 to 8 relinquish their right, title and interest and possession in Item No.4 of the schedule property in favour of the Respondent Nos.1, 3 to 5, 10 herein.RSA.599/2016 6
5. The appellants, respondent Nos.7 to 9 and respondent Nos.1, 3 to 5, 10 agree and consented that they have no further claim whatsoever manner against each other in respect of the suit schedule properties.
6. The respondent Nos.1, 3 to 5, 10 have consented and agreed to withdraw the F.D.P.No.06/2016 pending before in the court of the Principal Judge, Small Causes and Senior Civil Judge at Mysore.
7. The appellants, respondent Nos.7 to 9 and respondent Nos.1, 3 to 5, 10 submits that, 6th respondent is purchaser of Item No.7 in suit schedule property bearing Sy.No.49/1 measuring 16 guntas of land under registered Sale Deed dated 19.08.2002. Therefore, 6th respondent is not made as party to the above compromise petition. The respondent Nos.1, 3 to 5, 10 are not claiming in the said item No.7 of the suit schedule property.
SCHEDULE Item No.4 of the suit schedule property which has been allotted to Shivanna, father of respondent Nos.1, 3 to 5, 10 as their 1/3rd share in the joint family property is as follows:
RSA.599/2016 7Item No.4 : Land bearing Sy.No.46/3 measuring 20 guntas and land bearing Sy.No.46/8 measuring 20 guntas of land having common boundaries bounded on East by : Land of Naga West by : Land of Basavarajappa North by: Land of Somanna (1st appellant) South by : Land of Basavanna"
5. I have perused the compromise petition. It is noted that the plaintiffs and respondent No.10 herein have together agreed to take item No.4 of the suit schedule property as their share and give up all their rights in respect of other items of the suit schedule properties.
6. The parties have stated that they have arrived at a settlement of the dispute on their own free volition and without there being any collusion or undue influence from any side. They stated that the appeal may be disposed of in terms of the settlement arrived at between them.
7. In the circumstances, on perusal of the joint memo and on hearing the respective counsel as well as the parties, I find RSA.599/2016 8 that there is indeed a settlement of the dispute between the parties. I also find that the said settlement is lawful and that there is no legal impediment to accept the same. Hence, the judgment and decree of the Trial Court is modified in terms of the settlement arrived at between the parties and in terms of the joint memo. Office to draw up the final decree in the aforesaid terms.
Sd/-
JUDGE PKS