Sri. Umashankar Vs Smt. Pushpavathi

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.12.2024 PASSED IN O.S.NO.5955/2021 ON THE FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR DECLARATION AND PARTITION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:32787 RFA No. 313 of 2025

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HC-KAR

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ORAL JUDGMENT

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Compromise petition is filed under Order XXIII Rule 3 read with Section 151 CPC by the appellant and the respondent, duly signed by them and their respective counsel.

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The terms of the settlement is culled out as under:

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“A. The Appellant/Plaintiff shall have no right, title, or interest in the suit property . The Appellant/plaintiff acknowledges the right, title and possession of the Respondent/Defendant over the suit properties, neither she nor anybody claiming through or under him, his legal representatives, her successors in interest, assignees, agents shall have any right over the suit properties and they shall not interfere with the possession of the respondent/defendant.

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C. The Appellant further undertakes that he shall not hereafter raise any dispute, initiate any legal proceedings, or assert any claim whatsoever over the Schedule Property, either directly or indirectly.

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D. The Appellant acknowledges the execution of the registered Release Deed dated 20.03.1993 by Late Kulavi R. Nanjappa in favour of Late N.Shivashankar, husband of the Respondent, whereby all rights, title,

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NC: 2025:KHC:32787 RFA No. 313 of 2025

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HC-KAR

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and interest in the Schedule Property were relinquished by Kulavi R Nanjappa.

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E. The Appellant further acknowledges the subsequent registered Sale Deed dated 18.06.2007 executed by Late N. Shivashankar in favour of Sri S.Prakash and his wife Smt. Bharathi, conveying the northern portion of the property measuring NorthSouth 17 feet and East-West 40 feet, which formed part of the Schedule Property.

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F. The Appellant declares that he would not raise any dispute to the said transactions and confirms that he does not have claim any right, title, or interest in the portion sold or in the remaining extent of the Schedule Property.

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G. The Appellant further undertakes that in the event any of his family members, including his sisters or legal heirs, raise any claim or dispute in respect of the suit Property in future, he shall be solely and personally responsible for resolving such disputes at his own cost and expense. He further undertakes to indemnify and keep the Respondent fully protected and harmless from any such claims, litigation, costs, or consequences arising therefrom.

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H. The Appellant and the Respondent have mutually agreed to settle the present dispute for a total sum of Rs.50,00,000/- (Rupees Fifty Lakhs

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NC: 2025:KHC:32787 RFA No. 313 of 2025

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HC-KAR

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only), which the Respondent has agreed to pay to the Appellant purely as a matter of goodwill and out of love and affection, without admitting any liability whatsoever, and towards full and final settlement of all claims and contentions in respect of the Suit Property.

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i. Out of the said sum, the Appellant acknowledges having already received an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) vide Demand draft No.001473 dated 16.04.2025, drawn on Bank of India, RPC Layout Branch .

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ii. Rs.8,00,000/- (Rupees Eight Lakhs only) through Cheque No.000187 dated 10.07.2025, drawn on Karur Vysya Bank, Bengaluru Main Branch .

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iii. Rs.10,00,000/- (Rupees Ten Lakhs only) through Cheque No.000188 dated 21.08.2025, drawn on Karur Vysya Bank, Bengaluru Main Branch .

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iv. Rs.20,00,000/- (Rupees Twenty Lakhs only) through Cheque No.000189 dated 15.09.2025, drawn on Karur Vysya Bank, Bengaluru Main Branch .

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v. Rs.1,99,000/- by way of Cash today in the open court.”

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NC: 2025:KHC:32787 RFA No. 313 of 2025

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HC-KAR

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Appellant and respondent are present before the

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Court, duly identified by their respective counsel.

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As per the terms of the settlement, the appellantplaintiff has given up his right, title and interest over the suit property and he acknowledges that respondent-defendant is the absolute owner in possession of the suit property and he acknowledges the execution of the registered release deed dated 20.03.1993 and also subsequent sale deed dated 18.06.2007 executed by late N. Shivashankar in favour of S. Prakash and his wife Smt. Bharathi.

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As per the terms of the compromise petition, the respondent has agreed to pay the appellant a sum of Rs.50,00,000/-, as stated in paragraph Nos.(i) to (v). The appellant has received the amounts mentioned in paragraph Nos.(i), (ii), and (v). The amounts mentioned in paragraph Nos.(iii) and (iv) have been issued through cheques dated 21.08.2025 and 15.09.2025, respectively, which have been handed over to the appellant and are subject to realization.

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HC-KAR

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The compromise petition is taken on record. The

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terms of the compromise would form part and parcel of this order. The appellant and the respondent submit that they

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entered into the compromise out of their own will and without undue influence or coercion. In terms of the compromise, the regular first appeal stands disposed of .

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Decree to be drawn accordingly.

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Original documents to be returned to the respondent-

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defendant on proper identification by keeping the photocopy

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of the same.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA