Partition appeal where parties settled amicably via compromise petition under Order XXIII Rule 3 CPC. First appellant's share increased to 2/5th against payment to respondents, who relinquished their claims. The court found the compromise lawful and disposed of the appeal accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 1096 OF 2014 (PAR)
BETWEEN:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
NEAR TALUK OFFICE, 1ST PHASE, YELAHANKA NEW TOWN, BENGALOORU-560054.
…APPELLANTS
(BY SMT JYOTHI S, ADVOCATE FOR
SRI. G S PRASANNA KUMAR, ADVOCATE FOR A1, A2 (a&b), A3 SRI JAGANATHA H T, ADVOCATE FOR A2(c))
AND:
D/O LATE R SUBRAMANYA, NO.36/1, 3RD CROSS, MARUTHINAGAR, RUSHBHAVATHINAGAR, KAMAKSHIPALYA, BENGALURU - 560079.
1(d) SMT S JAYANTHI, W/O MANJUNATHA, S/O LATE R SUBRAMANYA, NO.45, ADDE VILLAGE, ARAKERE POST, HESSARAGHATTA HOBLI, BENGALURU NORTH TALUK.
…RESPONDENTS
(BY SRI K N CHANDRASHEKARA REDDY, ADV. FOR R1(a to d) SRI M B SHIVAKUMAR, ADVOCATE FOR R2)
THIS RFA IS FILED UNDER SECTION 96, R/W ORDER-XLI RULE-1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.4.2014 PASSED IN O.S.NO.8157/2008 ON THE FILE OF THE XXII-ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
NC: 2024:KHC:11482 RFA No. 1096 of 2014
No.1 to 4 is declared having 1/5th share in the suit schedule property. Defendants No.1 to 3 filed an appeal, defendant No.4 did not file the appeal and she is arrayed as respondent No.2.
counsel appearing for the respondents jointly submit that the parties have amicably settled the dispute. The parties are present before this Court and are identified by their respective counsels. Compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure is filed. The said Compromise Petition is signed by all the parties. On enquiry made by the Court, the parties to the proceedings submit that they have voluntarily entered into settlement, agreeing to the terms
NC: 2024:KHC:11482 RFA No. 1096 of 2014
COMPROMISE PETITION/JOINT MEMO UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE:
The Appellant and the Respondents submit as follows:-
1. The Appellants and the Respondents upon due deliberations & discussions and after complete undertaking of the dispute and its consequences, have, at the intervention of well-wishers, come forward to settle the dispute in terms of this compromise petition, and the same is entered into without any coercion, force or undue influence.
2. The Respondents 1(A), 1(B), 1(C), & 1(D) agree to allot their share to the first Appellant against the first Appellant paying amount of Rs.22,28,600/- (Rupees. Twenty Two lakhs Twenty Eight Thousand & Six Hundred only) in the following manner:-
And thus the first Appellant will be entitled to 2/5th (two-fifth) share in the Schedule Property. The other Appellants i.e., Appellants 2 & 3 and the second Respondent shall be entitled for 1/5th (one-fifty) share in the Schedule Property.
4. The Appellants and the Respondents state that in view of the fact that the schedule Property cannot be subjected to partition, the Appellants and the Second Respondent have agreed to sell the Schedule Property in favour of one Vikram Jain and out of the part payment of consideration paid by the Vikram Jain to the first Appellant, the claim of the first Respondent, as stated above, is duly settled by the First Appellant. The Appellants and the Second Respondent being the only owners, consequent to this Compromise Petition, shall execute registered sale deed in favour of the prospective purchase Vikram Jain by receiving the balance sale consideration amount. The first Respondent shall no have any manner of right, title or interest whatsoever over the Schedule Property consequent to
modification/re-allotment of share in terms of this compromise Petition.
5. The first Respondent does not have any objection for mutation of the names of the Appellants and the second Respondent in the revenue records and also for execution of sale deed with respect to the Schedule Property in favour of prospective purchasers.
WHEREFORE, this Hon'ble Court may be pleased to accept this Compromise and allow the above Appeal in terms of this Compromise Petition, in the interest of justice and equity.
SCHEDULE
All that piece & parcel of the property bearing No. 69/1, Jumma Masjid Road, Ward No. 28, Bengaluru - 560 002, measuring 16.6 ft. x 21 ft. 346.50 sft. & 12.6 ft. x 23 ft. = 287.50 sft., totally measuring 634 sft. with road towards the northern side, along with three storeyed building thereon, bounded on the:
| EAST BY | Lokesh's House |
|---|---|
| WEST BY | Yejaman R. Venkaramaiah's House |
| NORTH BY | ROAD |
| SOUTH BY | VACANT LAND (PRIVATE PROPERTY) |
agreed upon as to how the property is to be enjoyed.
Court is of the view that the Compromise Petition is lawful and there is no impediment to accept the Compromise Petition.
ORDER
GVP
Sd/JUDGE
List No.: 1 Sl No.: 31
1 issue framed by the court
Whether the court should accept the compromise petition under Order XXIII Rule 3 CPC and dispose of the partition appeal in terms of the settlement.
2 provisions across 1 enactments
Sri Shankarappa (by LRs: S Umashankar, S Bharathi, S Kowsalya)
Sri Gurumurthy (by LRs: Meena @ Mala, G Roopesh, Kum Swathi)
Sri P Prabhakara
Smt P Mahadevamma @ Devamma (by LRs: Lokesh S, S Kumudvathi, S Meena, S Jayanthi)
Smt Meenakshamma
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
