Appeal by defendants 20 and 21 against an order allowing temporary injunction restraining alienation of suit properties was disposed of on compromise: plaintiff gave up her claim over two scheduled survey numbers for Rs.40 lakhs paid by cheque, and the suit continues over remaining properties.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
MISCELLANEOUS FIRST APPEAL NO. 1273 OF 2024 (CPC)
BETWEEN:
…APPELLANTS
(BY SRI. SRINIVASA T.,ADVOCATE)
Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA
AND:
TUMKUR TALUK AND DISTRICT
AGED ABOUT 48 YEARS R/AT EMACHENAHALLI VILLAGE NARASIPURA POST, SOMAPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT.
THE RESPONDENT NO.9 AND 10 ARE RESIDING AT NO.41, 1ST MAIN, MUNESHWARA BADAVANE, BANGLAORE NORTH TALUK
BOTH 14 AND 15 ARE RESIDING AT CHELUR VILLAGE AND HOBLI, GUBBI TALUK, TUMKUR DISTRICT.
NELAMANGALA TALUK BENGALURU RURAL.
…RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, ADVOCATE FOR SRI. D.S.JAYARAJ, ADVOCATE FOR CAVEATOR RESPONDENT NO.1 IN CP 2347/2024)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED 16.01.2024 PASSED ON I.A.NOS.2, 3 AND 4 IN OS.NO.774/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE I.A.NO.2 AND 3 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND DISMISSING THE I.A.NO.4 FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by defendant Nos.20 and 21 in O.S.No.774/2023 pending trial before the I Additional Senior Civil Judge and JMFC, Nelamangala, challenging an order dated 16.01.2024 by which, the applications (I.A.Nos.II and III) filed by the plaintiff for temporary injunction restraining the
defendant Nos.20 and 21 from alienating suit properties and from changing the nature of Sy.No.3/2 and Sy.No.3/4 of Emachenahalli village, Sompura Hobli, Nelamangala Taluk, were allowed.
the registered Sale Deed dated 09.03.2022. In fact, there was a Judgment and decree dated 29.02.1992 in decreeing the suit in O.S.No.161/1990 in respect of same and similar properties between the parties concerned to which proceedings, the Respondent No.1 is not a party. In fact, the aforesaid suit came to be decreed ex-parte and the same was followed by drawing of Final Decree in F.D.P. No.03/2007. In the factual situation, the Respondent No.1 has initiated the aforesaid suit seeking for the reliefs morefully referred hereinabove.
2. The dispute between the parties concerned is amongst the appellants and the respondent No.1 with regard to the properties acquired by the appellants referred to supra which are none other than the schedule properties. Since, the settlement is concerned only in respect of the schedule properties between the appellants and respondent No.1, the remaining respondents are not necessary parties. Accordingly, the appellants herein are also filing necessary Memo seeking dismissal of the appeal as against the Respondent Nos. 2 to 20. In pursuance of the intervention and well-wishers between the parties, the dispute inter-se between the parties is settled and accordingly, the parties herein are reporting
settlement by filing compromise petition on the following terms and conditions:-
_40,00,000/- (Rupees Forty Lakhs only) wherein_ 20,00,000/(Rupees Twenty Lakhs only) is paid by way of two (2) cheques in favour of the respondent No.1 and the remaining ` 20,00,000/- (Rupees Twenty Lakhs only) is paid by way of four (4) cheques in favour of Smt. Gayathri. S. who is none other than the daughter-in-law of the 1st respondent's brother which details are morefully mentioned hereinbelow:-NC: 2024:KHC:12992 MFA No. 1273 of 2024
Deed dated 09.03.2022 and accordingly, the appellants herein are entitled to own/possess and enjoy the same inclusive of 1st respondent's share. In view of the same, the appellants herein are entitled to deal or transact with the schedule properties either in the form of land or in the form of sites;
sites by themselves or the alienees from the appellants herein;
WHEREFORE , it is prayed that this Hon'ble Court may be pleased to dispose of the above appeal, in terms of this Compromise Petition, in the interest of justice and equity.
SCHEDULE PROPERTIES
1. The land bearing Sy.No.3/2, measuring 1 Acre 17 Guntas including 01 guntas "A" Kharab at Emachenahalli Village, Sompura Hobli,
- 12 - NC: 2024:KHC:12992 MFA No. 1273 of 2024
Nelamangala Taluk, converted to residential
purpose vide order No.294003 dated 15.2.2022 and bounded on the: East by : Land belonging to Sy.No.3/4; West by : Land belonging to Sy.No.3/1; North by : Land belonging to Sy.No.3/1; South by : Land belonging to Sy.No.6 & 12;
2. The land bearing Sy.No.3/4, measuring 01 Acre 17 Guntas including 01 gunta "A" Kharab at Emachenahalli Village, Sompura Hobli, Nelamangala Taluk, converted to residential purpose vide order No.292547 dated 15.2.2022 and bounded on the: East by : Land belonging to Sy.No.3/4; West by : Land belonging to Sy.No.3/1; North by : Land belonging to Sy.No.3/1; South by : Land belonging to Sy.No.6 & 12"
plaintiff/respondent No.1 herein has given up her claim in respect of properties mentioned in the schedule to the compromise against receipt of a sum of Rs.40,00,000/(Rupees Forty Lakhs only).
NC: 2024:KHC:12992 MFA No. 1273 of 2024
and she admits the terms of the compromise.
NC: 2024:KHC:12992 MFA No. 1273 of 2024
letter to the Branch Manager, Canara Bank, Kythasandra Branch, Tumakuru, informing that the amount shall be kept in an interest earning fixed deposit in the name of Smt. Veeramma/respondent No.1 herein till her lifetime and to release the quarterly interest accrued thereon to her. After her death, the amount may be released to her son.
any, do not survive for consideration and the same stand disposed off.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 42
1 issue framed by the court
Whether the appeal against temporary injunction could be disposed of in terms of the compromise petition filed by the parties.
4 provisions across 1 enactments
Sri. Devaraju S/o Bettappa
Sri. Byresh S/o Javarayya
Smt. Veeramma
Smt. Nagarathnamma
R. Nataraj
As recorded by the court registry
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