Dismissed

Sri B S Bhadrinath v. Sri B S Ashwathnarayana Rao

Karnataka HC13 Oct 2023WP/36900/2016

Case brief

AI extract

What is this about?

The High Court, via Writ Petitions filed under Articles 226 and 227, dismissed challenges to a Civil Court order fixing fair market value. The Court accepted a compromise agreement between parties to a partition suit, directing the Civil Court to draw the final decree based on the settlement terms.

What did the court decide?

The writ petitions were disposed of accepting the compromise and directing the civil court to draw the final decree with appropriate orders for registration.

Sri B S Bhadrinath Vs Sri B S Ashwathnarayana Rao — Partition | Karnataka HC (2023)

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 36900 OF 2016 (GM-CPC) C/W WRIT PETITION NO. 17894 OF 2016 (GM-CPC)

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IN WP NO. 36900/2016

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BETWEEN:

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SRI B S BHADRINATH S/O LATE B L SAGAPPA RAO, AGED ABOUT 58 YEARS, R/AT NO. 6, 2ND FLOOR, 2ND CROSS, M.T.STREET, CHICKPET CROSS, BENGALURU - 560 053.

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…PETITIONER

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(BY SRI. B.S. BADRINATH., ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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SRI B S ASHWATHNARAYANA RAO S/O LATE B L SAGAPPA RAO,

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1A. SHRI SANJAY KUMAR BA S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 53 YEARS

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1B SHRI SRINIVASA B.A S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 50 YEARS

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1C SHRI MANJUNATHA B.A S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 47 YEARS

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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ALL ARE RESIDING AT NO. 6, 2^ND FLOOR 2^ND CROSS M.T. STREET, CHICKPET CROSS BENGALURU – 560 053.

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SMT. PUSHPA BAI W/O LATE B.S. LAKSHMANA RAO, SINCE DEAD BY LRS WHO ARE ALREADY ON RECORD AS R2 TO R6

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SMT. B L ANITHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 52 YEARS,

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SRI B L SURENDRANATH S/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 50 YEARS,

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SMT. B L KAVITHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 47 YEARS,

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SMT. B L SUREKHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 75 YEARS,

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SMT. B L SHANTALA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 42 YEARS,

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ALL ARE R/AT NO.6, 2^ND FLOOR, 2^ND CROSS, M.T.STREET, CHICKPET CROSS, BENGALURU - 560 053

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…RESPONDENTS (BY SMT.SHAILASHREE., ADVOCATE FOR R1(a) TO R1(c); SRI. KIRAN GOWDA, ADVOCATE FOR SRI.R.S. PRASANNA KUMAR, ADVOCATE FOR R2 TO R7)

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASH THE ORDER DATED 8.3.2016 PASSED IN FDP NO.106/2011 BY XXVII CITY CIVIL AND SESSION JUDGE FIXING THE FAIR MARKET VALUE OF THE SUIT SCHEDULE PROPERTY AT RS.35,000/- PER SQUARE FEET VIDE ANNEX-A TO THE W.P. AND CONSEQUENTLY FIX THE APPROPRIATE FAIR MARKET VALUE OF THE SUIT SCHEDULE PROPERTY.

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IN WP NO. 17894/2016

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BETWEEN:

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SRI B S ASHWATHNARAYANA RAO SINCE DEAD BY LRS

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1 SHRI SANJAY KUMAR BA S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 53 YEARS

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2 SHRI SRINIVASA B.A S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 50 YEARS

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3 SHRI MANJUNATHA B.A S/O LATE SHRI B.S. ASHWATHANARAYANA RAO AGED ABOUT 47 YEARS

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ALL ARE RESIDING AT NO. 6, 2^ND FLOOR 2^ND CROSS M.T. STREET, CHICKPET CROSS BENGALURU – 560 053.

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…PETITIONERS (BY SRI.PAWAN KUMAR M.N., ADVOCATE)

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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AND:

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1 SMT. PUSHPA BAI W/O LATE B.S. LAKSHMANA RAO, SINCE DEAD BY LRS WHO

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ARE ALREADY ON RECORD AS R2 TO R6

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SMT. B L ANITHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 52 YEARS,

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SRI B L SURENDRANATH S/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 50 YEARS,

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SMT. B L KAVITHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 47 YEARS,

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SMT. B L SUREKHA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 75 YEARS,

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SMT. B L SHANTALA D/O LATE B.S. LAKSHMANA RAO, AGED ABOUT 42 YEARS,

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ALL ARE R/AT NO.6, 2^ND FLOOR, 2^ND CROSS, M.T.STREET, CHICKPET CROSS, BENGALURU - 560 053

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…RESPONDENTS

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(BY SRI. KIRAN GOWDA, ADVOCATE FOR SRI.R.S. PRASANNA KUMAR, ADVOCATE FOR R2 TO R6; SRI. B.S. BADRINATH, ADVOCATE FOR R7)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO.QUASH THE ORDER DATED 8.3.2016 PASSED IN FDP

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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NO.106/2011 BY XXVII CITY CIVIL AND SESSION JUDGE VIDE ANNEXURE-A.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These petitions are by the parties to the proceedings in FDP No.106/2011 on the file of the XXVII Additional City Civil Judge, Bengaluru [for short, ‘the civil Court’] . The petitioners are aggrieved by the civil Court’s order dated 08.03.2016, and the civil Court by this order has determined the fair market value of the subject residential properties at Rs.35,000/- per square feet and directed the respondents in such proceedings to pay to the petitioner therein at that rate in respect of 1/3^rd share in the subject properties.

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The brief statement of facts would be that Sri.B.S.Ashwathnarayana Rao, Sri B.S.Lakshman Rao and Sri B.S.Badrinath are brothers, and the suit commenced by the petitioner in FDP No.106/2011 on

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6 - NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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the file of the XXVII Additional City Civil Judge, Bengaluru, is decreed declaring that each of the brothers would be entitled to 1/3^rd share in the suit schedule properties. This decree has attained finality. The petitioner in FDP No.106/2011, Sri B.S.Ashwathnarayana Rao, is no more and his legal representatives have come on record in writ petition in W.P.No.17894/2016 and they have also been brought on record in W.P.No.36900/2016 that is filed by Sri B.S.Bhadrinath. Sri.B.S.Lakshman Rao, one of the three brothers, has died during the pendency of the earlier proceedings and in fact, his legal heirs have been on record in the final decree proceedings.

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The parties have now come to terms and have presented an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The parties are present, and they are identified by their respective counsels. The parties acknowledge the terms of settlement which in brief is that the legal

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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representatives of Sri B.S.Ashwathnarayana Rao viz .,

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his three sons have agreed to transfer their undivided

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share in the subject property for total consideration of Rs.1,50,00,000/-; that a sum of Rs.5,00,000/- is

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already transferred; that the remaining amount of

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Rs.1,45,00,000/will be transferred by Sri.B.S.Bhadrinath and the legal heirs of

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Sri.B.S.Lakshman Rao [ excluding his daughter, Smt B.L.Surekha ] to the identified account in four installments; that the first of the installments [Rs.35,00,000/-] will be transferred immediately after acceptance of this compromise.

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Significantly, Sri. B.S.Bhadrinath and the legal heirs of Sri B.S.Lakshman Rao submit that they shall transfer Rs.1,45,00,000/- in four installments as aforesaid and in the event there is any default in transferring the amounts as aforesaid, the legal heirs of Sri Ashwathanarayana Rao shall be entitled to recover this amount from them only along with

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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interest at the rate of 12% per annum. The terms of

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the compromise read as under:

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3. Now on advice and guidance of elders and wellwishers, and to end all litigation in relation to the suit schedule properties, the petitioners and respondents have reached a compromise and settled the dispute as under:

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(a) The Petitioners herein agree and transfer their right, title and interest in the suit schedule properties to Respondent Nos.2 to 6 and Respondent No.7.

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(b) The Petitioners, their legal representatives, or their agents shall lay no claim on the suit schedule properties hereafter.

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(c) In consideration of the same, the Respondents herein agreed to pay the Petitioners a sum of Rs.1,50,00,000/(Rupees One Crore and Fifty Laksh Only).

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(d) The Respondents (except Respondent No.5) are jointly and severally liable to pay the said amount to the Petitioners.

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(e) The said amount is to be remitted by way of RTGS to Account No.520361002114091 having IFSC Code – UBIN0900222 in Union Bank of India, Gandhinagar Branch belonging to Sanjay Kumar B.A. i.e. Petitioner No.1(a) who is to collect the consideration on behalf of all the Petitioners.

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(f) Out of the said consideration, Rs.4,99,000/(Rupees Four Lakhs Ninety-Nine Thousand Only) was remitted by Surendranath Bhongale

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9 - NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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(Respondent No.3) on behalf of the Respondents by way of RTGS on 21.09.2023 bearing RTGS transaction Id: INDBR32023092100955017 from Sri Banashankari Mahila Cooperative Bank Ltd., Cubbonpet branch having IFSC Code-INDB0SBMC01 to the account belonging to Sanjay Kumar B.A. i.e. Petitioner No.1(a); and Rs.1,000/(Rupees One Thousand Only) is paid by cash to Sanjay Kumar B A i.e. Petitioner No.1(a) on 20.08.2023

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(g) The remaining amount of Rs.1,45,00,000/- (Rupees One Crore and Forty-Five Lakhs Only) is to be remitted by the Respondent Nos.2 to 7 (except Respondent No.5) jointly and severally, in the manner indicated in clause (e) on the dates fixed as below:

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(i) Rs.35,00,000/(Rupees Thirty-Five Lakhs Only) to be remitted immediately upon acceptance of the present compromise.

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(ii) Rs.30,00,000/- (Rupees Thirty Lakhs Only) to be remitted on or before 29.12.2023.

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(iii) Rs.40,00,000 (Rupees Forty Lakhs Only) to be remitted on or before 28.02.2024.

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(iv) Rs.40,00,000/- (Rupees Forty Lakhs Only) to be remitted on or before 28.03.2024.

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4. In the event of default in payment of any of the above-mentioned amounts on the dates due, the entire remaining consideration will immediately become payable by Respondent Nos.2 to 7 (except Respondent No.5), jointly and severally, and the Petitioners herein will be entitled to

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10 - NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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initiate appropriate legal proceedings to enforce the terms of this compromise. In the event of failure in compliance of conditions laid down in paragraph No.3, the petitioners will Respondent Nos.2 to 7 (except Respondent No.5), jointly and severally, at the rate of 12% per annum from the date of default, till such date on which the same is realised.

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5. The Petitioners undertakes to indemnify the respondents against all losses, damages, costs and expenses which the respondents may sustain or incur by reason of any claims, demands and legal proceedings in relation to the share of the Petitioner hereby released.

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6. The Petitioners and Respondents agree to cooperate for F. D. P. No. 106/2011 pending on the file of the Hon'ble XXVII Additional City Civil and Sessions Judge, Bengaluru, and W. P. No. 36900/2016 pending before the Hon'ble High Court of Karnataka, in accordance with the terms of compromise agreed herein.

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7 This memorandum of compromise is entered into by the parties on their own free will and volition and without any collusion or compulsion from any quarter.”

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It is obvious that the parties have settled the dispute legally and as such, this Court is of the opinion that the petition must be disposed of accepting the compromise and directing the civil Court to draw final decree in terms of this Court’s

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NC: 2023:KHC:37537 WP No. 36900 of 2016 C/W WP No. 17894 of 2016

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order for drawing up of final decree with appropriate orders for registration.

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The petition is disposed of in terms of the

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compromise as aforesaid.

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Sd/JUDGE

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ct:sr

Sri B S Bhadrinath v. Sri B S Ashwathnarayana Rao

Case brief

What is this about?

What did the court decide?

Sri B S Bhadrinath v. Sri B S Ashwathnarayana Rao

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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