Sri R Murthy S/O Rangaswamy G Vs Sri Rangaswamy G S/O Late Guthaiah

SRI. PAVAN KUMAR AGARWAL S/O MANIKCHAND AGARWAL, AGED ABOUT 42 YEARS, R/AT NO.10/4C, ELGIN ROAD, CALCUTTA-700020, NOW R/AT NO.94/1, 9^TH CROSS, C/O HANUMANTHARAYAPPA, RAILWAY PARALLEL ROAD,

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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KUMARA PARK WEST, BANGALORE-560020.

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA, ADVOCATE FOR R2; SRI. SANJAY H. SETHIYA, ADVOCATE FOR R3; VIDE ORDER DATED 20.02.2023, APPELLANTS NO.1 TO 3 AND R2 ARE THE LRs OF R1)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.04.2012 PASSED IN R.A.NO.325/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT III, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.11.2009 PASSED IN O.S.NO.1977/2006 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN), BANGALORE RURAL DISTRICT, BANGALORE.

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Appellants No.1(a), 1(b), 2, 3 and respondent No.2

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who is sole legal representative of respondent No.1 are present before the Court. Sri. Manoj Kumar Baid is present on behalf of respondent No.3 as Power of Attorney holder. Learned counsel for the appellants and learned counsels

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for respondents No.2 and 3 are present.

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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Learned counsels have identified their parties respectively who are present before the Court physically.

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The appellants and respondents have filed a compromise petition before the Court today. It is submitted by the learned counsels that in order to put an end to the long drawn litigation, the parties have resolved to settle the dispute amicably to put quietus to this ongoing litigation.

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Since appellant No.1 is dead, he is represented

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by his legal representatives - appellants No.1(a) and 1(b) and since appellant No.1(b) is a minor, she is represented by her mother and natural guardian - appellant No.1(a). Since respondent No.1 is dead, he is represented by his sole legal representative i.e., his wife Smt. Gowramma, who is present as respondent No.2.

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In order to put an end to this litigation, respondent No.3 has agreed to pay a sum of Rs.88,00,000/- (Rupees Eighty Eight Lakhs only) in full

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5 - NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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and final settlement to the appellants in the manner as

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stated in the compromise petition at paragraph No.11.

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In pursuance of the same, respondent No.3 has handed over demand drafts in favour of the appellants as mentioned at paragraph No.11(a) to (d). Respondent No.3 has also handed over a sum of Rs.2,00,000/- by way of cash in favour of respondent No.2 - Smt. Gowramma. The terms and conditions of the settlement/compromise is put into writing in this compromise petition, which is more fully described at paragraphs No.8 to 17, is extracted herein:

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"8. That at the intervention and advice of wellwishers the Appellants and Respondents have got together to put an end to the ongoing litigation and the Appellants herein have now agreed that the Sale Deed dated 20.12.2000 executed as stated supra is legal and binding and that the decree passed in RA.No.325/2011 dismissing the OS.No.1977/2006 be upheld by dismissing the present appeal in terms of this compromise.

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9. That the Appellant No.3 along with Respondent No.1 and 2 is already a party to the Sale Deed dated 20.12.2000 and that the Appellants No.1(a) & (b) and Appellant No.2 and 03 hereby agree to execute and register Deed of Confirmation before the jurisdictional Sub-

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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Registrar, as token of their acceptance of Sale of Schedule Property to the Respondent No.3 as per recitals made in the Sale Deed dated 20.12.2000 registered as Document No.4938/2000-01, in the office of the Sub Registrar, Bengaluru North Taluk.

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10. It is pertinent to mention that since Appellant No. 1(b) is a minor, she is represented by her sole surviving natural guardian mother, Appellant No. 1(a) herein.

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11. That as a matter of full and final settlement and to put quietus to the ongoing litigation between the parties, it is mutually agreed between the parties that Respondent No.3 hereby pay a sum of Rs.88,00,000/- (Rupees Eighty-Eight Lakhs only) as full and final settlement to Appellants and the same is paid as under:

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a) Rs. 8,00,000/ - (Rupees Eight Lakhs Only) to Appellant No.1(a) paid vide DD No: 003332 dated 06.09.2025 drawn on HDFC Bank, in the name of S. Shakuntala.

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b) Rs. 8,00,000/- (Rupees Eight Lakhs Only) to Appellant No.1(b) paid vide DD No: 003360 dated 18.09.2025 drawn on HDFC Bank, in the name of Kum. Thasmitha.

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c) Rs. 35,00,000/- (Rupees Thirty-Five Lakhs Only) to Appellant No. 2 paid vide DD No: 003333 dated 06.09.2025 drawn on HDFC Bank, in the name of Sri.Vasantha R.

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d) Rs. 35,00,000/- (Rupees Thirty-Five Lakhs Only) to Appellant No. 3 paid vide DD No: 003335 dated 06.09.2025 drawn on HDFC Bank. In the name of Smt. Sumithra.

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e) Rs. 2,00,000/- (Rupees Two Lakhs Only) to Respondent No.2 Smt. Gowramma through cash.

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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Receipt of the aforesaid sums are hereby acknowledged by the Appellants, subject to Appellants No.1(a) & (b), Appellant No.2 & Appellant No.3 executing and registering the confirmation deed in favour of Respondent No.3 herein as stated supra.

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12. That the Respondents No.1 and 2 already having been paid well while executing the Sale Deed dated 20.12.2000, the said parties have no objection for Respondents No.3 paying the Appellants herein as stated supra and express no objection for the matter to be compromised in the manner stated herein.

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13. The appellant no.1(a) and other parties had undertake to safe guard the interest of the minor child 1(b) Kum.Thasmitha by depositing Rs.8,00,000/- (Rupees Eight Lakhs only) which is now paid to minor child by depositing the same in a nationalized bank in the name of minor child Kum. Thasmitha until she attains majority, further undertakes that they are not withdrawing the entire amount of Rupees 8,00,000/- or interest accrued there on till minor child attain majority.

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14. That in view of the above facts and circumstances, the Appellants requests that the Appeal be dismissed upholding the judgement and decree dated 13.04.2012, passed in RA No.325/2011 and undertakes not to initiate any further proceedings either by themselves or through any of their family members as the same is binding on each of them of whatsoever nature over the suit schedule property.

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15. That simultaneously upon execution of this compromise petition and upon execution and registration of confirmation deed and upon having received the aforesaid sums, all the parties have no claims against each other.

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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16. That in case the Appellants No.1(a) and 1(b), 2 and 3 fails to execute the Confirmation Deed in favour of Respondent No.3, the Respondent No.3 is at liberty to seek execution of the same in accordance with law and that apart, is entitled to forfeit the sums payable under this Deed of Compromise in case already paid seek refund thereof in full, and that the Sale Deed dated 20.12.2000 shall continue to be legal and binding in favour of Respondent No.3.

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17. That the present compromise petition is executed by an the parties voluntarily without any duress or compulsion from any parties or their advocates.

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WHEREFORE, in view of the foregoing and the amicable settlement arrived at between the parties, it is most respectfully prayed that this Hon'ble Court may be pleased to:

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a) Take the present Compromise petition on record and dismiss the present appeal by upholding the judgment and decree dated 13.04.2012, passed in RA No. 325/2011;

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b) That upon dismissal of the appeal, consequently, vacate all the interim orders passed thereof including directions to remove all the entries made in the revenue records and in the office of the jurisdictional sub-registrar enabling the Appellants No.1(a) & (b), 2 and 3 to execute and register the confirmation deed in favour of Respondent No.3;

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c) That the Appellants and Respondents No.2 shall not hereby initiate any litigation in respect of the suit schedule property either by themselves or through any of their family members as the present

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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compromise is binding on each of them of whatsoever nature over the suit schedule property;

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d) In case the Appellants No.1(a) and (b) and Appellant No.2 and 3 fails to execute and register the Confirmation Deed in favour of Respondent No.3, within 15 days of this compromise, the Respondent No.3 shall be at liberty to seek execution of this compromise decree in accordance with law including forfeiture / refund of entire sums paid under this compromise;

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e) Pass any such other order or judgment in the interest of equity and justice;

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f) Parties hereby agree to bear their own costs."

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The Court has enquired with the

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aforementioned parties who are physically present before this Court, with regard to execution of the compromise petition. They have confirmed the terms, conditions and execution of the compromise petition and affixing their signatures in the compromise petition. They have also affirmed that they have executed and signed this compromise petition out of their own free will and consent without there being any force, coercion, ill will or threat.

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HC-KAR

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Learned counsel for the appellants and

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respondents submit that the appellants would execute Confirmation Deed upon receiving the amount as mentioned herein above, which is agreed to, by the appellants and the respondents.

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In view of the appellants and respondents resolving this dispute amicably by way of this compromise petition and respondent No.3 having paid the amount as mentioned herein at paragraphs No.11(a) to (e) by way of Demand Drafts and cash, the appeal filed by the appellants herein would have to be disposed of in terms of the compromise petition and accordingly, the order of the First Appellate Court will have to be confirmed.

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Accordingly, this appeal is disposed of in accordance with the compromise petition, so also the judgment and decree passed by the First Appellate Court is affirmed so far as it relates to Item No.1 of the schedule properties.

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NC: 2025:KHC:38052 RSA No. 907 of 2012

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HC-KAR

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Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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MCR List No.: 1 Sl No.: 51

Sri R Murthy S/O Rangaswamy G v. Sri Rangaswamy G S/O Late Guthaiah

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Sri R Murthy S/O Rangaswamy G v. Sri Rangaswamy G S/O Late Guthaiah

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