M S Deepak Vs M S Amarnath — Karnataka HC (2025) — LawSathi Research

M S Deepak Vs M S Amarnath — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise petition: judgment and decree dated 03.03.2020 in O.S.No.12/2017 set aside and decree to be drawn up per the compromise (respondents 1 and 2 conceding dismissal of the suit, acknowledging the appellant's title under Will dt.24.10.1994/Codicil dt.28.12.1995 and respondents 3-4's title under sale deed dt.29.05.2017; FDP No.18/2020 to be dismissed; Rs.17,10,000 paid by respondent No.3 to respondent No.1).

Issue for consideration

Whether, on the parties' compromise petition under Order XXIII Rule 3 read with Section 151 CPC, the appeal should be disposed of by setting aside the judgment and decree dated 03.03.2020 in O.S.No.12/2017 and drawing a decree in terms of the compromise.

Court's answer

On the compromise petition filed under Order XXIII Rule 3 read with Section 151 CPC, the dispute between the appellant and the respondents stands amicably resolved; the mutually agreed, duly signed terms of the compromise petition are accepted and considered by the Court.

Ratio / Principle

The judgment and decree dated 03.03.2020 passed by the learned II Additional Senior Civil Judge, Shivamogga in O.S.No.12/2017 is hereby set aside.

Key takeaways

A decree shall be drawn up in accordance with the compromise petition.ratio¶79
The appeal is disposed of.ratio¶82

Detailed headnote1 paragraphs

Partition appeal settled by compromise (Order XXIII Rule 3 r/w S.151 CPC): RFA No.799/2020 arising from O.S.No.12/2017 (II Addl. Sr. Civil Judge, Shivamogga), which had decreed a 1/3rd share each to the plaintiff (R1) and defendants 1-2 after rejecting the appellant's plea of bequest under Codicil dt.28.12.1995 to Will dt.24.10.1994, is disposed of; the judgment and decree dt.03.03.2020 stand set aside and a decree is to be drawn per the compromise. Purchasers under sale deed dt.29.05.2017 (R3-R4) were impleaded on 17.11.2023. Consent deeds by R1 (dt.27.03.2024) and R2 (dt.24.11.2023) admit the Shivamogga house (Site No.14, Channappa Layout) as the father's self-acquired property, validate the Will/Codicil bequeathing it to the appellant, and acknowledge R3-R4's title; R3 paid R1 Rs.17,10,000 (balance Rs.4,00,000 by DD No.262518 dt.30.10.2024); R1 is confirmed absolute owner of a separate Navule Village house; FDP No.18/2020 to be dismissed.

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 03.03.2020 in O.S.No.12/2017 decreeing the suit for partition and separate possession (declaring a 1/3rd share each to the first respondent/plaintiff and defendants 1 and 2).¶33
Learned II Additional Senior Civil Judge, Shivamogga · 03.03.2020
Prior proceeding
First respondent instituted O.S.12/2017 against the appellant and respondent No.2 seeking partition and separate possession of his claimed 1/3rd share over the suit schedule property (house measuring 40 feet x 50 feet, Site No.14, Channappa Layout, Shivamogga), contending it was purchased/built by the father and occupied by the joint family, and that katha stood mutated to the appellant on the basis of a registered Will of which he claimed ignorance.¶41
Prior proceeding
Appellant (first defendant) contested through written statement: the suit property was the father's self-acquired property; the father executed registered Will dated 24/10/1994 bequeathing it to his wife M.S. Nagarathna, and upon her death made a Codicil dated 28/12/1995 to that Will bequeathing it to the appellant; sought dismissal of the suit.¶42
Prior proceeding
Trial court held the appellant failed to prove the Codicil dated 28/12/1995 and decreed the suit, declaring a 1/3rd share each to the first respondent/plaintiff and defendants 1 and 2.¶46
Prior proceeding
First respondent filed final decree proceedings F.D.P No.18/2020; the same was stayed by the High Court during the proceedings.¶46
Prior proceeding
Appellant preferred this Regular First Appeal against the impugned judgment and decree; the High Court admitted the appeal on 04/06/2021 and stayed drawing up of the final decree.¶47
Prior proceeding
Respondents 3 and 4 applied to be added to the appeal, contending they had purchased the suit schedule property from the appellant under registered sale deed dated 29/05/2017 for valuable sale consideration.¶48
Prior proceeding
Their impleader application was allowed by order dated 17/11/2023; respondents 3 and 4 were impleaded and an amended memorandum of appeal was filed on 18/11/2023.¶51
Prior proceeding
With all parties and counsel physically present, a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC was filed recording the settlement arrived at between the parties.¶35
Prior proceeding
On the intervention of well-wishers, relatives and friends, first respondent executed registered consent deed dated 27/03/2024 (Sub-Registrar, Shivamogga) admitting the suit property was his father's self-acquisition, admitting the Will dated 24/10/1994 and Codicil dated 28/12/1995 bequeathing it to the appellant, admitting the sale to respondents 3 and 4 under sale deed dated 29/05/2017, and stating he had no objection to the appeal being allowed.¶52
Prior proceeding
Second respondent similarly executed registered consent deed dated 24/11/2023 (Sub-Registrar, Shivamogga) making the same admissions as to the father's self-acquired property, the Will dated 24/10/1994, the Codicil dated 28/12/1995, the sale deed dated 29/05/2017 to respondents 3 and 4, and her lack of objection to the appeal being allowed.¶56
Prior proceeding
Towards compensation and litigation expenses, respondent No.3 D. Srinivas agreed to pay respondent No.1 Rs.17,10,000; respondent No.1 admitted receipt of Rs.13,10,000 (Rs.13,00,000 by bank transfer plus Rs.10,000 cash) and the balance Rs.4,00,000 was paid by Demand Draft No.262518 dated 30.10.2024 drawn on Canara Bank, Sheshadripura branch, Shivamogga.¶66
Prior proceeding
Settlement term: respondent No.1 acknowledged as absolute owner of Municipal House No. 204, Khata No.9358/204, measuring 167.25 Sq.Mts at Navule Village, Ashwathnagar, Shivamogga City, as his self-acquired property, with no claim by the appellant, respondent No.2 or their successors/legal heirs.¶70
Prior proceeding
Respondents 1 and 2 admitted and acknowledged the suit property as their father's self-acquired property, admitted the registered Will dated 24/10/1994 and registered Codicil dated 28/12/1995 bequeathing it to the appellant, admitted respondents 3 and 4's title under registered sale deed dated 29/05/2017, and had no objection to the appeal being allowed, the impugned judgment and decree being set aside, and O.S.12/2017 being dismissed.¶60
Prior proceeding
Settlement term: first respondent/plaintiff undertook to get FDP.No.18/2020 pending before the II Addl. Snr. Civil Judge & JMFC, Shivamogga dismissed in view of the compromise reported in the appeal.¶71