Karnataka High Court
H S Siddalingaiah vs Pushpavathi on 21 August, 2019
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2019
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
REGULAR SECOND APPEAL No.569/2011 (PAR)
C/W
RSA Nos.570/2011, 571/2011 AND 572/2011
IN RSA No.569/2011
BETWEEN:
H. S. SIDDALINGAIAH
R/O SHANKARAIAH
AGED ABOUT 52 YEARS,
R/O HIRIYUR VILLAGE,
BANAVARA HOBLI,
TALUK ARSIKERE,
DISTRICT HASSAN-573211. ... APPELLANT
(BY SRI SYED AKBAR PASHA, ADVOCATE FOR
SRI MAHANTESH S HOSMATH, ADVOCATE)
IN RSA No.570/2011
BETWEEN:
H.M. GANGAPPA,
S/O SANNAMALLAPPA,
AGED ABOUT 66 YEARS,
R/O HIRUYUR VILLAGE,
BANVARA HOBLI,
TALUK ARASIKERE,
DISTRICT HASSAN-573211. ... APPELLANT
(BY SRI SYED AKBAR PASHA, ADVOCATE FOR
SRI MAHANTESH S HOSMATH, ADVOCATE)
2
IN RSA No.571/2011
BETWEEN:
SIDDALINGAIAH, S/O MADAIAH,
AGED ABOUT 72 YEARS,
R/O HIRIYUR VILLAGE,
BANAVARA HOBLI,
TALUK ARSIKERE,
DISTRICT HASSAN
1(a) SMT. PARVATHAMMA
W/O LATE SIDDALINGAIAH,
AGED ABOUT 65 YEARS
1(b) SRI PRAKASH
S/O LATE SIDDALINGAIAH,
AGED ABOUT 48 YEARS
1(c) SIDDAPPA
S/O LATE SIDDALINGAIAH,
AGED ABOUT 46 YEARS
1(d) SMT. NEELAMMA D/O LATE SIDDALINGAIAH,
AGED ABOUT 41 YEARS,
ALL ARE RESIDING AT
HIRIYUR VILLAGE,BANAVARA HOBLI,
ARSIKERE TALUK,
HASSAN DISTRICT. ... APPELLANTS
(BY SRI SYED AKBAR PASHA, ADVOCATE FOR
SRI MAHANTESH S HOSMATH, ADVOCATE)
IN RSA No.572/2011
BETWEEN:
HALAPPA,S/O GURUSHETTARA HALAPPA,
AGED ABOUT 74 YEARS,
R/O HIRIYUR VILLAGE,
BANAVARA HOBLI,TALUK ARASIKERE,
DISTRICT HASSAN-573211. ... APPELLANT
(BY SRI SYED AKBAR PASHA, ADVOCATE FOR
SRI MAHANTESH S HOSMATH, ADVOCATE)
3
IN RSA Nos.569/2011, 570/2011, 571/2011 & 572/2011
AND:
1. PUSHPAVATHI
W/O GANGAIAH
AGED ABOUT 52 YEARS,
R/O HIRUYUR VILALGE
BANAVARA HOBLI,
TALUK ARASIKERE
DISTRICT HASSAN-573211
2. MALLAMMA,
W/O CHANNABASAVAIAH,
AGED ABOUT 69 YEARS,
R/O SIDDANAHALLI VILLAGE
MADIHALLI HOBLI,
TALUK BELUR,
DISTRICT HASSAN-573211.
3. HALAIAH SINCE DEAD BY LRS
3(a) JAYAMMA,
W/O LATE HALAIAH
AGED 71 YEARS,
3(b) RENUKAIAH
S/O LAATE HALAIAH
AGED ABOUT 51 YEARS,
3(a) TO 3(c) ARE
R/O CHANNAPURA VILLAGE
MUDIGERE TALUK
DISTRICT CHIKMAGALUR-570012.
3(c) RAVI
S/O LATE HALAIAH
AGED MAJOR,
4. BASAVAIAH,
SINCE DEAD BY LRS
4(a) SARVAMMA,
W/O BASAVAIAH,
MAJOR,
4(b) GANGADHARA
S/O BASAVAIAH
4
AGED MAJOR
BOTH ARE R/O AYANAPALYA
KIBBANAHALLI HOBLI
TIPTUR TALUK,
DISTRICT TUMKUR. ... RESPONDENTS
(COMMON)
(BY SRI LOKESH KUMAR K.S., ADVOCATE FOR R1;
R2, R3(b), R4(a), R4(b) ARE SERVED, BUT UNREPRESENTED;
VIDE ORDER DATED 15.11.2016 (RSA No.569/2011 &
571/2011) DATED 27.3.2017 (RSA No.570/2011) DATED
29.08.2016 (RSA No.572/2011) SERVICE OF NOTICE ON R3(a)
AND R3(c) IS HELD SUFFICIENT)
*****
THESE REGULAR SECOND APPEALS ARE FILED UNDER
SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 18.12.2010 PASSED IN R.A.NO.91/2005 ON THE FILE OF
THE ADDL. DISTRICT JUDGE & PRESIDING OFFICER, FAST
TRACK COURT, HASSAN, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED:
28.10.2004 PASSED IN O.S.NO.122/1997 ON THE FILE OF THE
CIVIL JUDGE, (SR.DN) ARASIKERE.
THESE REGULAR SECOND APPEALS COMING ON FOR
REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
JUDGMENT
Respondent No.1 - Smt. Pushpavathi in RSA No.569/2011 is present before the Court and Sri Lokesh Kumar. K.S., learned Counsel files power for her in all the appeals. The same is taken on record.
2. These appeals are filed by all the purchasers from the defendants even prior to filing of the suit. 5 Against the judgment and decree dated 18.12.2010 in R.A.No.91/2005 passed by the Presiding Officer, Fast Track Court, Hassan confirming the judgment and decree dated 28.10.2004 in O.S.No.122/1997 passed by the learned Civil Judge (Sr. Dn.), Arasikere decreeing the suit of the 1st respondent herein who is plaintiff for partition and separate possession granting ½ share in the suit schedule properties.
3. When the matters had come up before this Court on 31.7.2019 and 7.8.2019, were adjourned on the request made by the learned Counsel for the appellants for reporting settlement between the parties. Today, the learned Counsel for the appellants and the learned Counsel for the respondent-plaintiff in all these matters have filed a compromise petition under Order XXIII Rules 2 and 3 of the Code of Civil Procedure, 1908 duly signed by the 1st respondent-original plaintiff and the appellant and their respective Counsel which reads as under:
6
2. That the 1st respondent here in is the plaintiff before the Trial Court who has filed the suit for declaration of her half share and partition and injunction against the defendant for the suit schedule properties. It is the case of the plaintiff that the plaintiff and her elder sister Mallamma are the joint owners of the land Sy. No.184/1 measuring 1 acre 05 guntas, and another Sy. No.184/2 measuring 0-32 guntas, both the properties are having common boundaries i.e. is East by Road, West by land of H.G. Revanna, South by Land of Mariyappa, North by Land of Chandrappa and Kalyanappa, situated at Hiriyur village, Banavara Hobli, Arsikere Taluk, Hassan District, which property the plaintiff and 1st defendant has jointly acquired by them through a registered will dated L-26-09-1987 executed by their Mother Shivalingamma. Since the plaintiff brothers Halaiah and Basavaiah who are defendant No.2 and 3 in the suit had sold some portion of the suit Schedule property in favour of defendant No.4 to 7, hence this suit is filed.
3. It is submitted that now with the interventions of the elders and well-wishers 7 of the village with the free will and wish of the plaintiff and defendant No.4 to 7 are agreed to settle the dispute amicably.
4. It is submitted that the plaintiff has agreed to execute confirmation deed in favour of the defendant No.4 to 7 to the extent of land which they purchased through registered sale deed by the plaintiff's brother by receiving sum of Rs.3000/- per guntas of the land in total 90,000/- consideration amount.
The share of the each individual defendant is given below.
A) The plaintiff is agreed to execute confirmation deed in favour of defendant No.4 H.S. Siddalingaiah S/o Shankaraiah for 0-10 guntas of land out of 0-32 guntas of land in Sy. No. 184/2 which is bounded on East by Remaining portion of Land Sy No. 184/2, west by Government Road, North by Government Road, South by Sarkari Halla situated at Hiriyur village, Banavara Hobli, Arsikere Taluk, Hassan District, by receiving the amount of Rs.30,000/-.
8B) The Plaintiff is agreed to execute confirmation deed in favour of defendant No.5 H.M. Gangappa S/o Sannamallappa for 0-5 guntas of land out of 1 Acre 05 guntas of land in Sy No.184/1 which is bounded on East by H.M. Gangappa's house, West by Siddalingaiah House, North by Government Road, South by Hullyappa's house, situated at Hiriyur village.
C) The plaintiff is agreed to execute confirmation deed in favour of defendant No.6 Smt. Parvathamma W/o Late Siddalingaiah for 0-8 guntas of land out of 1 Acre 05 guntas of land in Sy No.184/1 which is bounded on East by H.M. Gangappa's House, West by H. Halappa's House, North by Government Road, South by Huliyappa's House, situated at Hiriyur Village, Banavara Hobli, Arsikere Taluk, Hassan District, by receiving the amount of Rs.24,000/-.
D) The plaintiff is agreed to execute confirmation deed in favour of defendant No.7 H. Halappa S/o Halappa for 0-7 guntas of land out of 1 Acre 05 guntas of land in Sy No. 184/1 which is bounded on East by Siddalingaiah's House, West by remaining 9 portion of Sy. No.184/1, North by Government Road, South by Shekarappa's House, situated at Hiriyur village, Banavara Hobli, Arsikere Taluk, Hassan District, by receiving the amount of Rs.21,000/-
5) The plaintiff submits that she will fully co- operate with defendant No.4 to 7 to get phodi work and conduct the survey of the defendants respective schedule properties.
6) The plaintiffs further submits that her children, legal representatives or anybody on behalf of her has no share or claim with respect of the above A,B,C, and D schedule properties.
The plaintiff most respectfully prays to this Hon'ble court that in view of this compromise taken place between the plaintiff and defendant No.4 to 7 in the judgment and decree passed by the 1st additional District and sessions Judge and Presiding officer Fast Track court at Hassan in R.A. No.91/2005 dated 18-12-2010 and judgment and decree passed by the Civil Judge (Sr-Dn) at Arsikere in O.S. No.122/1997 dated 28.10.2004 may be set aside and the suit may be disposed in 10 view of compromise in the interest of equity and justice.
Sd/- Sd/-
Pushpavathi Siddalingaiah S/o Shankaraiah
(Plaintiff/Respondent No.1) (Defendant No.4)
Appellant in RSA 569/2011)
Sd/-
H.M. Gangappa
(Defendant No.5)
(Appellant in RSA. 570/2011
Sd/-
Siddalingaiah S/o Madaiah
(Defendant No.6) dead by LR's
Sd/-
1(a) Smt. Parvathamma
Sd/-
1(b) Prakash
Sd/-
1(c) Siddappa
(Appellants in RSA.571/2011)
Sd/-
H. Halappa S/o Halappa
(Defendant No.7)
(Appellant in RSA. 572/2011)
Sd/- Sd/-
Advocate for Appellant Advocate for Respondent No.1
4. When this Court made enquiry to all the appellants, who are present before the Court and the plaintiff-1st respondent in presence of their 11 respective Counsel, they voluntarily agreed to the terms and conditions of the compromise petition and submitted that the compromise entered into between themselves is without any coercion or force. The said submission is placed on record.
5. In view of the compromise entered into between the parties, plaintiff has agreed to execute the Confirmation Deed in favour of defendant Nos.4 to 7 to an extent of the land which they have purchased under the registered Sale Deed from the purchasers, who are brothers by receiving a sum of Rs.3,000/- per guntas and in total Rs.90,000/- to an extent of 30 guntas of land in Sy.Nos.184/1 and 184/2 both situated at Hiriyur Village, Banavara Hobli, Arsikere Taluk, Hassan District and that the plaintiff will co-operate with defendant Nos.4 to 7 to get phodi work and to conduct the survey of their respective schedule properties of the defendants 12 under the compromise. The demand drafts drawn in favour of the plaintiff-Smt. Pushpavathi has been handed over to her in presence of the learned Counsel appearing on her behalf. The same is acknowledged by her. The plaintiff further submits that her children, legal representatives or anybody on behalf of her has no share or claim in respect of 'A' 'B' 'C' and 'D' schedule properties.
6. Accordingly, the judgment and decree passed by both the Courts below is modified and Regular Second Appeals are disposed off in terms of the compromise petition.
Office is directed to draw the decree in terms of the compromise petition.
Sd/-
Judge Nsu/-