Sri C Manjunath Vs Smt Narayanamma

THIS MFA IS FILED U/O 43 RULE 1(d) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 07.03.2024 PASSED IN MISC.NO.126/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 R/W SECTION 151 OF CPC.

¶37

4 -

¶38

NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶39

HC-KAR

¶40

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

¶41

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶42

CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

¶43

ORAL JUDGMENT

¶44

Learned counsel for the appellant files memo stating that, the respondent No.1 Smt.Narayanamma expired on 07.04.2024 leaving behind the only legal representative i.e., respondent No.2. Copy of the death certificate is produced. In view of death of respondent No.1 her name be deleted in the cause-title.

¶45

Appellant and respondent No.2 are present.

¶46

3. It is submitted that, notice to respondent No.3

¶47

to 13 is dispensed with as they are not necessary parties as they are the family members of appellant and no relief is claimed against them. It is submitted that, no claim is made against respondent Nos.3 to 13.

¶48

5 - NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶49

HC-KAR

¶50

Hence, the appeal is dismissed against

¶51

respondent Nos.3 to 13 as prayed.

¶52

Compromise petition filed by the appellant and respondent No.2 under Order XXIII Rule 3 of the Code of Civil Procedure reporting compromise between the appellant and respondent No.2.

¶53

6. The said compromise petition reads as under:

¶54

"Appellant and Respondent No.2 most respectfully submit as follows:

¶55

1. The Appellant is before this Hon'ble Court calling in question the Order dated 07-03-2024 passed in Misc. No.126/2019 by the learned Principal Civil Judge, Bengaluru Rural District, Bengaluru, by which it refused to set aside the Ex-Parte Judgment and Decree dated 11-01-2012 passed in O.S. No.390/2010 passed by the learned Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.

¶56

2. The Appellant is Defendant No.9 in O.S. No.390/2010 filed by the Respondents No.1 & 2 herein, seeking the relief of Partition and Separate possession of two properties i.e., land bearing Sy.No.33/1 measuring 1 Acre 0-11 1/2 and Sy.No.34/1 measuring 1 Acre 0-15 guntas both situated at Varanasi Jinkethimmanahalli Village,

¶57

6 -

¶58

NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶59

HC-KAR

¶60

Bidarihalli Hobli, Bengaluru East Taluk (earlier South Taluk).

¶61

3. The Appellant purchased the aforesaid two properties in terms of the Sale Deed dated 24-081994 from the husband and father of Respondents No.1 & 2 respectively, along with original Defendants No.3 to 6.

¶62

4. The suit filed by the respondents No.1 & 2 in O.S 390/2010 is decreed Judgment and Decree dated 1101-2012 by the learned Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. The Appellant, being the Defendant No.9 in the said suit, could not contest the suit due to non-service of summons. Hence, Appellant filed a petition under Order IX Rule 13 of the Code of Civil Procedure, seeking to set aside the Ex-Parte Judgment and Decree in Misc. No.126/2019. The said Petition also came to be rejected by the learned Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru by an Order dated 07-03-2023. The order dated 07.03.2023 is challenged in the present appeal.

¶63

5. The Respondents No.1 & 2 filed the Final Decree proceedings based on the preliminary Decree in F.D.P. No.13/2012. The said final decree proceedings is stayed by this Hon'ble Court in the Captioned Appeal.

¶64

6. During the pendency of this Appeal, the Respondent No.1 Smt. Narayanamma expired on 0704-2024, leaving behind the Respondent No.2 as her legal representative. 7. At the intervention of well-wishers and family members, both Appellant and Respondent No.2 have amicably settled the dispute. Respondent No.2 herein and his children have executed a confirmation/consent Deed dated 27-06-2025

¶65

7 -

¶66

NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶67

HC-KAR

¶68

registered before the Sub-Registrar, Shivajinagar (Banaswadi) of Book-I, stored in CD bearing No. BNS1-04790-2025-26. Copy of the confirmation deed is produced.

¶69

8. Respondent No.2, his wife and children have given up their right over the scheduled properties purchased by the Appellant by confirming his title and possession. The Respondent No.2 and his family members have further agreed to withdraw the final decree proceedings in F.D.P. No. 13/2012.

¶70

9. The Respondent No.2 & his family members released all their right, title or interest in favour of the Appellant by receiving a sum of Rs.20 lakhs in the following manner.

¶71

a. Rs.10 lakhs (Rupees Ten Lakhs) by way of a Cheque bearing No.005687 dated 27-06-2025 drawn on Canara Bank, BWSSB Branch, Bengaluru.

¶72

b. Rs.10 lakhs (Rupees Ten Lakhs) by way of a Cheque bearing No.005688 dated 27-06-2025 drawn on Canara Bank, BWSSB Branch, Bengaluru.

¶73

10. Appellant and Respondent have settled their dispute in the terms detailed below

¶74

a. The Respondent No.2 undertakes to withdraw F.D.P. No. 13/2012 pending on the file of the leamed Principal Senior Civil Judge, Bengaluru Rural Distric t, Bengaluru.

¶75

b. The Respondent No.2 hereby confirms the receipt of Rs.20 Lakhs by cheque detailed in para

¶76

8 - NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶77

HC-KAR

¶78

9(a) and (b) above and further ratifies no amount whatsoever is payable by the appellant.

¶79

c. The Respondent No.2 hereby ratifies and confirms that he has given up all his right, title or interest over the schedule properties and he has no subsisting claim or right over the schedule properties as per the decree passed in O.S No.390/2010.

¶80

WHEREFORE , Appellant and Respondent No.2 most respectfully pray that this Hon'ble Court may be pleased to dispose of the above Appeal in terms of the above compromise, so as to meet the ends of Justice and Equity.

¶81

SCHEDULE 'A' PROPERTY

¶82

All that piece and parcel of landed properties bearing Sy.No.33/1 measuring 1 Acre 0-11 ½ guntas situated at Varanasi @ Jinkethimmanahalli, Bidarahalli Hobli, Bengaluru East Taluk, and bounded on East by Land of Motappa, West by Kodineeru Kaluve, North by Chennasandra Beerappa's Lands, South by Lands belonging to Dodda Muniyappa.

¶83

SCHEDULE 'B' PROPERTY

¶84

All that piece and parcel of landed properties bearing Sy.No.34/1 measuring 1 Acre 0-15 guntas situated at Varanasi @ Jinkethimmanahalli, Bidarahalli Hobli, Bengaluru East Taluk, and bounded on East by Kodineeru Kaluve Lands of Motappa, West by Pooja Venkatappa's Lands, North by Venkatagiriyappa's Lands, South by Lands belonging to Dodda Muniyappa.

¶85

9 - NC: 2025:KHC:26959 MFA No. 2131 of 2024

¶86

HC-KAR

¶87

VERIFICATION

¶88

We, the Appellant and Respondent No.2, hereby verify and declare that what has been stated in the above paragraphs is true and correct to the best of our Knowledge, Information and Belief. We further hereby declare that this compromise is arrived at between us, without there being any coercion and undue influence, and at our free will and volition."

¶89

The contents of the compromise petition are read over and explained to the appellant and respondent No.2 who are present before the Court. They admit the contents of the same.

¶90