Partly allowed

Sri. Ramappa v. Sri. Gangojirao

Karnataka HC10 Oct 2023RSA/819/2016

Case brief

AI extract

What is this about?

This is a regular second appeal decided on the basis of a compromise petition filed by the parties. The First Appellants agreed to convey the southern half of the disputed agricultural land to the Respondent and retained the northern half, along with specific terms regarding inventory and registration. The Court accepted the compromise and disposed of the appeals accordingly.

What did the court decide?

The appeals are disposed of in terms of the compromise. A decree is drawn accordingly. Court fee is refunded to the appellant under Section 66 of the Karnataka Court Fees & Suits Valuation Act, 1958.

Sri. Ramappa Vs Sri. Gangojirao — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:37091 RSA No. 819 of 2016 C/W RSA No. 818 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 819 OF 2016 (INJ)

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C/W

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REGULAR SECOND APPEAL NO. 818 OF 2016

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IN RSA No.819 OF 2016

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BETWEEN:

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SRI. RAMAPPA S/O SRINIVASAPPA, AGED ABOUT 56 YEARS R/O CHAMBENAHALLI VILLAGE, BUDIKOTE HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 114

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…APPELLANT

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Digitally signed by R DEEPA Location: High Court of Karnataka

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(BY SRI. CHANDRASHEKAR L., ADVOCATE)

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AND:

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SRI. GANGOJIRAO S/O CHIKKA RAMOJI RAO, AGED ABOUT 72 YEARS R/AT MARATA HOSAHALLI VILLAGE, BUDIKOTE HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 114

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…RESPONDENT

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(BY SRI. N MURALI, ADVOCATE)

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THIS RSA IS FILED UNDER ORDER 42 R/W SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 12.02.2016 PASSED IN RA.NO.60/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & J.M.F.C, K.G.F DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.07.2015 PASSED IN OS.NO.226/2008 ON THE FILE OF THE ADDL. JUNIOR CIVIL JUDGE AND JMFC BANGARPET.

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IN RSA No.818 OF 2016

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BETWEEN:

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SRI. RAMAPPA S/O SRINIVASAPPA, AGED ABOUT 56 YEARS R/O CHAMBENAHALLI VILLAGE, BUDIKOTE HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 114

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…APPELLANT

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(BY SRI. CHANDRASHEKAR L., ADVOCATE)

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AND:

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SRI. GANGOJIRAO S/O CHIKKA RAMOJI RAO, AGED ABOUT 72 YEARS R/AT MARATA HOSAHALLI VILLAGE, BUDIKOTE HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 114

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…RESPONDENT

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(BY SRI. N MURALI, ADVOCATE)

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THIS RSA IS FILED UNDER ORDER 42 R/W SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 12.02.2016 PASSED IN RA.NO.59/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & J.M.F.C, K.G.F ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.07.2015 PASSED IN OS.NO.226/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC BANGARPET.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appellants and respondents are present before

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this Court. They have filed memorandum of compromise petition. The terms of the compromise petition reads as under:

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The parties to the above suit submit as follows:-

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1. The above appeal has been preferred by the appellant challenging Judgment and Decree dated 31.07.2015 passed in O.S. No.226/2008 by the Hon'ble Additional Civil Judge and JMFC, Bangarpet and the Judgment and Decree dated 12.02.2016 passed in R.A.No.60/2015 by the Hon'ble Additional Senior Civil Judge and JMFC, at KGF in RSA 819/2016 before the Hon'ble High Court of Karnataka,at Bengaluru.

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2. The respondent herein had filed appeal in RA No.59/2015 challenging the Judgment and Decree passed in O.S.No.226/2008 wherein the Hon'ble Civil Judge had allowed the suit in part and had ordered to repay / refund a sum of Rs.60,000/- along with 12% interest. The said appeal came to be allowed by the Additional Senior Civil Judge by Judgment and Decree dated 12.02.2016. Against the said Judgment and Decree passed in RA No.59/2015,

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the appellant herein has preferred RSA 818/2016. Both the RSA's have been clubbed together.

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3. At the intervention of friends and family members of the parties to the present appeals, the parties to the above appeal have resolved to amicably settle the matter involved in the above appeal and have withdrawn their contention made in their respective pleadings and evidence on the following terms and conditions.

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4. The appellant herein is the owner of the agricultural land bearing Sy.No.24, now bearing Sy.No.24/2, measuring 2 acres 2 guntas ,(inclusive of 2 guntas of karab) assessed at Rs.2.26 situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk which is the plaint Schedule Property described in the schedule hereunder referred to as SCHEDULE PROPERTY.

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5. The appellant and the respondent herein had entered into registered agreement to sell dated 18.08.2004 which is registered as Document No.BPT-1-01503/2004-05 stored in Book No.1, CD No.BPTD7, in the office of the Senior Sub-Registrar, Bangarpet. Under the said agreement, the appellant herein had agreed to sell the Schedule Property in favour of the respondent herein for total sale consideration amount of Rs.60,000/- and the

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respondent herein had paid the entire sale consideration amount under the said registered sale agreement dated 18.08.2004.

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6. The respondent and appellant herein being the plaintiff and defendant before the court below, mutually agreed to withdraw the terms and conditions in respect of the extent of land and sale consideration amount by modify the terms and conditions and the extent of land as well, in the agreement of sale dated 18.08.2004. In other words, instead of 2 acres in Sy.No.24, now bearing Sy.No.24/2, assessed at Rs.2.26 situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk, the appellant has agreed to be sell the southern half portion of the schedule property measuring to an extent of 01 acre out of 02 acres, schedule Property which is situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk in favour of the respondent Sri. Gangoji Rao which is morefully described as Schedule 'A' hereunder and hereinafter referred to as Schedule 'A' Property. The rough sketch showing the Schedule 'A' Property is identified as "GDEF" accompanying the compromise petition. The respondent Gangoji Rao has also agreed for the appellant Ramappa to retain the remaining Northern half portion of Schedule Property measuring an extent of 1 acre out of 2 acres in Sy.No.24 New No.24/2 of Chambenahalli Village,

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Budikote Hobli, Bangarpet Taluk that is morefully described as Schedule 'B' hereunder and hereinafter referred to Schedule 'B' Property and exercise rights of ownership being in possession and enjoyment of the Schedule 'B' Property. The rough sketch showing the Schedule 'B' Property is identified "ABCDG" accompanying the compromise petition.

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7. The appellant Ramappa relinquishes all his rights over the Schedule 'A' Property in favour of the respondent Gangoji Rao who shall be the sole absolute owner of Schedule 'A' Property and can continue to enjoy the possession of the Schedule 'A' Property which is already in possession of Shri Gangoji Rao.

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8. The appellant shall execute registered Sale Deed conveying the Schedule 'A' Property in favour of the respondent Gangoji Rao, immediately after obtaining 11E sketch from the concerned survey department but not later than one month from the date of obtaining 11E sketch. In case the appellant does not come forward to get the 11 E sketch prepared through competent authorities within the stipulated time, then the respondent is at liberty to get the same prepared at cost and risk of the appellant and there after get the said sale deed executed.

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9. If the appellant Ramappa or his legal heirs does not come to forward to execute the sale deed in terms of this compromise petition, the respondent Shri Gangoji or his Legal heirs are at liberty to get the sale deed executed through the jurisdictional executing court.

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10. The appellant Ramappa has agreed to apply to the survey Authorities for the purpose of obtaining the 11E sketch immediately and immediately after obtaining the 11 E sketch shall convey the Schedule 'A' Property in favour of the respondent Gangoji Rao without insisting for any further sale consideration amount. The cost of registraitoin shall be borne by the Respondent.

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11. The respondent, Gangoji Rao has handed over the possession of the Schedule 'B' Property to the appellant and the respondent has no objection for the appellant to have his name mutated in the revenue records pertaining to the Schedule 'B' Property.

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12. Both the parties agree that Schedule A property is in possession of Respondent/ Gangoji Rao and Schedule B property is in possession of Appellant/ Ramappa and further they shall not interefere with lawful possession and peaceful enjoyment of each others property.

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12.A. The respondent shall remove the standing tomato crop that has been grown in the portion of the schedule 'B' property within 45 days from today. The appellant shall not come in the way or obstruct to harvest the standing crop within 45 days.

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13. The parties to this appeal have agreed that the appellant is entitled to cut and remove the standing eucalyptus trees standing in the schedule 'B' property and the value of the said trees is by consent is agreed at Rs.1,00,000/- and the appellant will pay to the respondent 50,000/- of the sale proceeds to the respondent. The said amount will be paid to the respondent by the appellant within one month from the date of this petition, through bank transfer or by way of cheque. If in case the said amount is not paid by the appellant the respondent is at liberty to recover the same by filing execution petition along with cost and interest at the rate of 12% per annum.

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14. After the execution of the Sale Deed by the appellant Ramappa in favour of the respondent, Gangoji Rao in respect of Schedule'A' Property, the appellant has no objection for the respondent Gangoji Rao to have his name mutated in the revenue records pertaining to the Schedule 'A' Property.

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15. Accordingly the parties have settled the dispute amicably and decree the appeal as per this compromise petition without there being any cost in the interest of justice.

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16. Hence it is prayed for refund of Court fee in favour of appellant that has been paid by him on the Memorandum of Appeal for which the respondent has no objection.

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WHEREFORE, the appellant and respondent most respectfully prays that this Hon'ble court be pleased to accept the compromise petition and decree the appeal in terms of the compromise petition, in the interest of justice and equity.

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SCHEDULE PROPERTY

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Agricultural land to the extent of 2 acre 02 Guntas including 0.02 Guntas of kharab land in Sy.No.24, now bearing Sy.No.24/2, assessed at Rs.2.26 situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk and bounded on:-

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East by - Remaining land in Sy.No. 24 and land of Chinnappa

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West by – Kere Kodi

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North by – Land of Sriramappa

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South by- Kere Kodi along with all rights attached there to consisting of 60 to 70 eucalyptus trees on the north eastern side.

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SCHEDULE 'A' PROPERTY( MARKED IN THE SKETCH AS GDEF AND IS A PART OF THIS COMPROMISE PETITON) (The portion agreed to be conveyed by the appellant Mr.Ramappa to the respondent Mr.Gangoji Rao)

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The southern half portion of the Agricultural land measuring to an extent of 1 acre out of the total extent of 2 acre 02 Guntas including 0.02 Guntas of kharab land in Sy.No.24, now bearing Sy.No.24/2, assessed at Rs.2.26 situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk and bounded on:-

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East by - Survey No.25 West by – road and Kere Kodi North by - remaining land in sy.No.25/2 belong to appellant ramappa

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South by - road and Kere Kodi

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SCHEDULE 'B' PROPERTY (The portion retained by the appellant, Mr. Ramappa marked in the Sketch as ABCDG and forms a part of this petition)

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The Norther portion of the Agricultural land measuring an extent of 1 acre out of the total extent of Agricultural land to the extent of 2 acre 02 Guntas including 0.02 Guntas of kharab land in Sy.No.24, now bearing Sy.NO.24/2, assessed at Rs.2.26 situated at Chambenahalli Village, Budikote Hobli, Bangarpet Taluk and bounded on:-

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East by – remaining land in Sy. No.24/1 West by – road and kerekodi thereafter Sy.No.20 North by - Sy.No.23/shri ramappa South by– remaining portion of Sy. No.24/2 belonging to Gangoji Rao.

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The contents of the compromise petition is read over to them in the language known to them. They have understood and accepted the terms and conditions of the compromise petition. The parties are identified by their respective counsel.

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