Disposed

Smt Srilakshmi Suresh v. Smt Sulochana H S

Karnataka HC23 Jun 2023RFA/2065/2018

Case brief

AI extract

What is this about?

The High Court disposed of the first appeal filed by plaintiffs seeking partition and injunction. The court found the parties had amicably resolved the dispute via a valid compromise petition involving property transfer and payment, ordering the judgment modified accordingly.

What did the court decide?

The appeal is disposed of based on the compromise; the original judgment is modified to confirm the settlement and transfer of property rights and possession.

Smt Srilakshmi Suresh Vs Smt Sulochana H S — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:21767 RFA No. 2065 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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REGULAR FIRST APPEAL NO. 2065 OF 2018 (PAR/INJ)

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BETWEEN:

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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SMT. SRILAKSHMI SURESH W/O LATE H.S. SURESH AGED ABOUT 46 YEARS

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KUM. MEGHANA SURESH D/O LATE H.S. SURESH AGED ABOUT 24 YEARS

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APPELLANT NO. 1 AND 2 ARE RESIDING AT NO.70, 1^ST FLOOR 9^TH F MAIN, BTM LAYOUT 1^ST STAGE

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BANGALORE-560 029. …APPELLANTS

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(BY SHRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

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AND:

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SMT. SULOCHANA. H.S. W/O SUBBARAO. H.0 AGED ABOUT 72 YEARS

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SUBBARAO S/O LATE NAGENDRA RAO. H. AGED ABOUT 79 YEARS

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SMT. H.S. USHA S/O S. SRINATH AGED ABOUT 52 YEARS

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2 - NC: 2023:KHC:21767 RFA No. 2065 of 2018

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RESPONDENT NO. 1 TO 3 ARE RESIDING AT NO.649 KEMPEGOWDA LAYOUT 3^RD STAGE, 3^RD PHASE KATHRIGUPPA BANGALORE-560 085. …RESPONDENTS

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(BY SHRI. D.R. ANANDEESWARA, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.08.2018 PASSED IN O.S.NO.4281/2005 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND PERMANENT INJUNCTION.

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THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 96 of Code of

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Civil Procedure, 1908, is filed by the plaintiffs in O.S.No.4281/2013 against the judgment and decree dated August 27, 2020 passed by XVIII Additional City Civil Judge, Bengaluru (CCH.No.10).

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Plaintiffs’ suit for partition and separate possession has been dismissed by the trial Court.

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NC: 2023:KHC:21767 RFA No. 2065 of 2018

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Heard Shri G.Balakrishna Shastry, learned advocate for the appellants and

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Shri D.R.Anandeeswara, learned advocate for the respondents.

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Appellants namely, Smt.Srilakshmi Suresh and Kum.Meghana Suresh are present and they are identified by their learned advocate Shri Balakrishna Shastry. Respondent No.3-Smt.H.S.Usha is present in the Court and respondents No.1 & 2 namely, Smt.H.S.Sulochana and Shri Subbarao appeared online. They are identified by their learned advocate Shri D.R.Anandeeswara.

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Learned advocates on both sides jointly submit that during the pendency of the appeal, parties have amicably resolved the dispute. A compromise petition under Order XXIII Rule 3 read with Section 151 of CPC

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duly signed by the appellants, respondents and their learned advocates has been filed. Parties agree that they have understood the terms of the compromise. Both appellants admit receipt of a demand draft for

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4 - NC: 2023:KHC:21767 RFA No. 2065 of 2018

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Rs.26,25,000/from respondent No.3 and Smt.Usha(respondent No.3) acknowledges receipt of the key of first floor. They pray that this appeal may be disposed of in terms of settlement recorded in the compromise petition.

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The terms of compromise read as follows:

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” 1. That the parties in the above Appeal do hereby confirm and declare that they are well aware with the facts and circumstances thereof and hence have agreed to the compromise the dispute between them.

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2. The parties hereby confirm due to unfortunate and untimely death of H.S.Suresh, the son of Respondent No.1 & 2 and husband of 1^st Appellant and father of 2^nd Appellant who died on 15.04.2003. The Appellant No.1 filed a suit bearing O.S.No.4281/2005 for partition and injunction in respect of the house property scheduled hereunder, fully knowing and also being aware that the said suit property was a self acquired property of the Respondent No.1.

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3. That the parties in the above case hereby confirm that O.S.No.4281/2005 was filed before the 18^TH Addl. City Civil Judge, at Bangalore (CCH-10) seeking for partition and injunction by the Appellants against the Respondents. The said suit came to be dismissed vide Judgment and Decree Dated 27.08.2018, which is challenged before this Hon'ble Court.

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NC: 2023:KHC:21767 RFA No. 2065 of 2018

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4. That the Appellants and the Respondents, with the intervention of the elders, relatives, well-wishers and friends have now mutually agreed that the long pending litigations should be resolved by mutual consent on the following terms and conditions of the present Compromise Petition and have agreed to settle/resolve the disputes and differences to avoid further litigation and to buy peace.

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5. That the Respondents confirm that the 1^st Respondent has gifted the suit scheduled property described in the schedule below and has executed gift deed in favor of her daughter who is the 3^rd Respondent vide Gift Deed Dated 15.10.2018 Registered in Book 1 stored in CD No.JAYD367 in the office of sub registrar Jayanagar Bangalore City duly conveyed, transferred and assigned absolutely and forever in favor of the 3^rd Respondent.

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6. It is agreed between the parties that the Respondent No.3 shall pay a sum of Rs.52,50,000/(Fifty Two Lakhs and Fifty Thousand only) before this Hon'ble Court to the Appellants No. 1 and 2, i.e. Rs.26,25,000/- each as consolidated and full amount against all the claims of the Appellants.

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7. That in view of the above, the 3^rd Respondent has paid a sum of Rs.26,25,000/- to 1^st Appellant vide Demand Draft bearing No. -959665, drawn on Bank of Maharashtra, Basvanagudi Branch dated 21.06.2023 and a sum of Rs. 26,25,000/- to the 2^nd Appellant vide Demand Draft bearing No. 959666, drawn on Bank of Maharashtra, Basavanagudi Branch dated 21.06.2023, towards full and final settlement and to bring an end

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to the litigation and for the Appellants to unconditionally withdraw all their claims and demands and relinquish their right, title, share or interest, in favour of the 3^rd Respondent in respect of the Suit Schedule Property described herein below. The Appellants now and forever shall have no right or claim on the Schedule Property.

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8. That the Appellants, who are in the possession of the first floor of the schedule property have agreed to hand over possession of the first floor by handing over the keys of the schedule property forthwith to the 3^rd Respondent, in the presence of the advocates of both the Appellants and the Respondents on this day the 23^rd Day of June, 2023, and thereby put the 3^rd Respondent herein in the possession of the entire Suit Schedule Property, and in any event, the Appellants fail to hand over possession of the first floor of the schedule property, Respondent No.3 is legally entitled and at liberty to recover the possession from the Appellants by executing this decree with the appropriate court of law.

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9. That the 3^rd Respondent has deducted the Property tax paid to B.B.M.P, water bills etc. during her stay in the first floor of the schedule property till the financial year 2022-2023(31-03-2023) at 1/3^rd of the total amount, so accumulated for the past years of their stay.

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10. That the Appellants hereby confirms that the Respondent No.3 is the Sole and absolute owner of the scheduled Property and that there is no one else who has any right /title or interest in the same and that

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there are no litigation pending in any court or any attachment or any injunction restraining any alienation of the scheduled Property and is free from all encumbrances.

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11. The Appellants herein confirm and declare that henceforth they shall not have any manner of right, title, interest or claim therein or thereto, or deems to exist, regarding suit schedule property with either or any of the parties in present or in future. The Appellants do hereby accept the Gift Deed absolutely and forever without right to claim any compensation.

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12. It is agreed that the Appellant No. 1 and 2 are not entitled to claim any right, title, interest or share in any other property, whether movable or immovable, which belongs to Respondents No.1 to 3.

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13. It is agreed that the Respondent No.1 to 3 are not entitled to claim any right, title, interest or share in any other property, other than the schedule property, whether movable or immovable left behind by deceased H.S.Suresh. The Appellant No.1 to 2 alone are entitled to any such properties movable or immovable left behind by H.S.Suresh.

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14. In the light of what is stated herein supra, the parties hereto confirm and declare that the above appeal may be disposed off on the basis of the compromise herein and confirming the judgment and decree, dismissing the Appeal filed by the Appellant. Further, the Appellants will not pursue any further litigation against the Respondents in future.

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15. It is agreed between the parties, that both the parties shall not file any suit petition or complaint etc. against each other and against the family members of each other in future and shall withdraw all the complaints, proceedings if filed anywhere before any authority in this regard whenever the same comes to the knowledge of the parties. In case any such proceedings are pending, the present Mutual Consent Compromise Deed shall be filed there and the parties would appear and make statement before the courts.

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16. That both the parties hereby agreed that this Compromise Deed is irrevocable and unquestionable and undertake that this Compromise Deed would inter alia be legal, valid, binding and enforceable and executable in all manners and none of the parties shall be at liberty to take advantage of any technical language or lacuna if any, if the same are not explained hereinbefore.

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17. The Appellants and Respondents confirm that they have not colluded with each other in filing the Compromise Petition, no fraud, undue influence or coercion has been played upon the Appellants and both the parties have taken the aforesaid decision out of their free will and volition and the aforesaid payment to both the Appellants as per their instruction.

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WHEREFORE, the Appellants and Respondents pray that this Hon'ble Court be pleased to dispose of the instant appeal in terms of the compromise and confirm the Judgment and Decree Dated 27.08.2018 passed by the 18^th Additional City Civil and Sessions Judge,

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NC: 2023:KHC:21767 RFA No. 2065 of 2018

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Bangalore in O.S.No.4281/2005, in the interest of justice and equity.

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SCHEDULE

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All that piece and parcel of the residential property bearing House No.70/25, Old No.144, situated at 9^th F Main B.T.M Layout, 1^st Stage, Bangalore 560029, measuring East to West 40 feet and North to South 30 feet and bounded as under.

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East by: Property bearing No.132

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West by: Road

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North by: Property bearing No.71

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South by: Property bearing No.69

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In our opinion, compromise arrived at between

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the parties is lawful and hence accepted. Judgment and decree dated August 27, 2018 in O.S.No.4281/2005 passed by XVIII Additional City Civil Judge, Bengaluru (CCH.No.10) shall stand modified in terms of compromise and this appeal is accordingly disposed of.

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Parties shall bear their own costs. Decree be drawn accordingly.

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Registry shall refund the court fee in accordance with law.

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10 -

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NC: 2023:KHC:21767 RFA No. 2065 of 2018

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In view of disposal of this appeal, pending

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interlocutory applications, if any, do not survive for consideration and they stand disposed of .

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 26

Smt Srilakshmi Suresh v. Smt Sulochana H S

Case brief

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Smt Srilakshmi Suresh v. Smt Sulochana H S

Case brief

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