Allowed

Sri R N Vishwanath S/O Late R. Nanjundappa v. Smt R N Sarojamma W/O Late Malagappa

Karnataka HC6 Nov 2024RSA/330/2009

Case brief

AI extract

What is this about?

Second appeal against first appellate court's reversal of trial court decree on partition, concerning item no.2 settled by agreement of sale with respondent no.4. During appeal the parties filed a compromise petition confirming respondent no.4's title under a 2004 sale deed for consideration. Court found terms lawful and disposed of the appeal accordingly.

What did the court decide?

Appeal allowed in terms of compromise petition; judgment and decree of both Courts modified; decree to be drawn incorporating compromise terms.

Sri R N Vishwanath S/O Late R. Nanjundappa Vs Smt R N Sarojamma… — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:44724 RSA No. 330 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 330 OF 2009 (PAR) BETWEEN:

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SRI R N VISHWANATH S/O LATE R. NANJUNDAPPA, R/O FORT STREET, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE DISTRICT-562 135.

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SRI. R.N.MANJUNATH S/O LATE R. NANJUNDAPPA, R/O FORT STREET, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE-562 135.

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…APPELLANTS

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(BY SRI. M B CHANDRA CHOODA., ADVOCATE)

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AND:

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Digitally signed by ANUSHA V Location: High Court Of Karnataka

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SMT. R N SAROJAMMA W/O LATE MALAGAPPA, R/O NO. 622, 64TH CROSS, V BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

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SMT. R.N. PRABHAVATHI W/O PUTTARAJU, D/O LATE R.NANJUNDAPPA, R/O J.C. EXTENSION, BASAVESHWARA EXTENSION, VIJAYAPURA TOWN.

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SMT. R.N. RAJESHWARI W/O A MANJUNATH, D/O LATE R.NANJUNDAPPA, R/O PRASHANTH NAGAR,

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT.

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DR. M. VENKATA MURTHY S/O PATEL MUNISWAMY GOWDA, AGED ABOUT 45 YEARS, R/O GODLU MUDDANAHALLI, VIJAYAPURA HOBLI, BANGALORE RURAL DISTRICT.

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…RESPONDENTS

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(BY SRI. VINAY.G., ADVOCATE FOR SRI. NAGAIAH., ADVOCATE FOR R1 TO R3; SRI. R.LOKESH., ADVOCATE FOR R4 (NOC))

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 27.1.2009 PASSED IN R.A.NO. 139/2007 ON THE FILE OF THE PRL.DISTRICT JUDGE, BANGALORE RURAL DIST, BANGALORE, ALLOWING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 30.6.2007 PASSED IN OS.NO. 128/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & JMFC, DEVANAHALLI.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Challenging judgment and decree dated 27.01.2009 passed by Principal District Judge, Bengaluru Rural District, Bengaluru in R.A.No.139/2007, this appeal was filed.

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Sri M.B.Chandrachooda, learned counsel for appellants submits that appellants were plaintiffs questioning

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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reversal of decree passed by Trial Court insofar as it pertains to item no.2 of suit schedule property.

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It was submitted that item no.2 of suit schedule property was subject matter of an agreement of sale with respondent no.4 by plaintiff's father. Trial Court had decreed suit. Even in respect of said property, First Appellate Court had excluded sale from decree of partition by holding that sale deed was binding on them.

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Learned counsel for appellants submits that during pendency of this appeal, appellants/plaintiffs and respondent nos.1 to 3, who are sisters and respondent no.4/purchaser have entered into settlement in terms of compromise petition whereunder they have agreed to give up their right insofar as item no.2 of suit property in favour of respondent no.4 by acceding to judgment and decree passed by First Appellate Court and agreeing to execute a deed of confirmation by receiving consideration. Terms of compromise are as follows:

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5. Being aggrieved by the order so passed by the Principal District Judge, Bengaluru Rural District, Bengaluru, in R.A. No. 139/2007, the Appellants have preferred the present

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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appeal, during pendency of the present appeal, at the intervention of the elders, wellwishers and common friends, the Appellants and Respondent Nos. 1 to 3 have agreed to confirm the title vested with the Respondent No. 4 herein over the Schedule Property and confirm the Sale Deed dated: 17.06.2004 so executed in respect of the Schedule Property, thereby withdrawing the present Appeal unconditionally, thereby agreeing and accepting the Order and Decree passed by the Principal District Judge, Bengaluru Rural District, Bengaluru, in R.A. No. 139/2007.

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6. The Appellants and the Respondent Nos. I to 3 in their name and on behalf of their family members do hereby admit the Sale Deed dated: 17.06.2004 so executed in favour of the Respondent No. 4 and admits that the Respondent No. 4 is the absolute owner and is in peaceful possession and enjoyment of the Schedule Property. The Respondent No. 4 taking into consideration of the fact that the Appellants and Respondent Nos. 1 to 3 having agreed to put an end to the litigations and confirming the title vested with the Respondent No. 4, he has agreed to pay a sum of Rs. 19,00,000/- (Rupees Nineteen Lakhs Only) as gesture of GOOD WILL for withdrawing the present appeal and confirming the title vested with the Respondent No. 4, apart from expressing his No Objection for the Appellants and Respondents 1 to 3 to withdraw the balance sale consideration deposited in O.S. No. 525/1997 on the file of the II Additional Civil Judge (Sr. Dn.), Bengaluru Rural District, Bengaluru.

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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7 The Appellants and Respondent Nos. 1 to 3 alongwith their respective family members hereby further agree to execute a Confirmation Deed, confirming the Sale Deed dated: 17.06.2004 so executed in favour of the Respondent No. 4 herein, thereby confirming the title vested with him apart from indemnifying the Respondent No. 4.

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8. The Appellants and Respondents 1 to 3 herein do hereby express their No objection for the Respondent No. 4 to get the Katha and other revenue records transferred to his name in respect of the Schedule Property by paying the tax payable in respect thereof to the authorities concerned and the Appellants and Respondents 1 to 3 herein jointly and severally agree and undertake to get the Katha and other revenue records i.e., RTC, E-Katha and other documents are transferred to the name of the Respondent No. 4.

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9. The Respondent No. 4 taking into consideration of the act of the Appellants and Respondent Nos. 1 to 3 agreeing to withdraw the litigations and confirming the title of the Respondent No. 4 has agreed to pay a sum of Rs. 19,00,000/- (Rupees Nineteen Lakhs Only) to the Appellants and Respondent Nos. 1 to 3 as gesture of GOOD WILL in the following manner:

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i) Rs. 10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No. 152919 dated: 23.10.2024 drawn on Bank of India, Sahakaranagara Branch, Bengaluru, in favour of Respondent No. 1 as per the request and consent

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6 - NC: 2024:KHC:44724 RSA No. 330 of 2009

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of the Appellants and Respondent Nos. 2 and 3 simultaneously on the date of entering into this Compromise Petition

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The receipt of which amount the Appellants and Respondents 1 to 3 hereby admit and acknowledge in their name and on their behalf jointly and severally.

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ii) Rs. 9,00,000/- (Rupees Nine Lakhs Only) simultaneously on the date of the Appellants and Respondent Nos. 1 to 3 alongwith their respective legal heirs executing Confirmation Deed, confirming the title vested with the Respondent No. 4

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10. The Appellants and Respondent Nos. 1 to 3 do hereby agree to indemnify and keep indemnified the Respondent No. 4 from all or any claims by either their respective legal heirs or third parties and further they express their No Objection for the Respondent No. 4 to enjoy the Schedule Property free from all encumbrances and the Respondent No. 4 shall be at liberty to create any charge or encumbrance of whatsoever nature over the Schedule Property without any let or hindrance and shall exercise all rights of ownership.

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11. That this compromise petition has been entered into between the parties out of their own will and volition and there is no undue influence and force or coercion to enter into this compromise

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SCHEDULE PROPERTY

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All that piece and parcel of the vacant site bearing Kaneshumari No. 3095/3, situated at Vijayapura Town,

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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Division No. V, Devanahalli Taluk, measuring East to West 18.75 Feet and North to South 63.5 Feet, totally measuring 1190.52 Sq. Ft, bounded on the:

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East by: Site No. 3095/4; West by: Site No. 3094; North by: Site No. 3095/1; South by: Kolar - Chikkaballapur Main Road;

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Parties are present and identified by their

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respective counsel.

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On interaction, they stated that terms of compromise are explained to them and after understanding same, they have affirmed them out of their free will and volition without there being any threat, coercion or undue influence from anybody.

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I have perused terms of settlement. Same are found to be lawful.

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Compromise petition is taken on record. Appeal is allowed to extent and in terms of compromise petition, judgment and decree of both Courts are modified accordingly.

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NC: 2024:KHC:44724 RSA No. 330 of 2009

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Registry to draw decree incorporating terms of compromise.

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Sd/(RAVI V HOSMANI) JUDGE

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AM List No.: 1 Sl No.: 1

Sri R N Vishwanath S/O Late R. Nanjundappa v. Smt R N Sarojamma W/O Late Malagappa

Case brief

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Sri R N Vishwanath S/O Late R. Nanjundappa v. Smt R N Sarojamma W/O Late Malagappa

Case brief

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What did the court decide?

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