Smt Latha Vs Sri Deepak

SMT. LATHA W/O SRI. C. KRISHNA ALIAS C. KRISHNAMURTHY AGED ABOUT 43 YEARS C/O LATE M. MUNIRAJU RESIDING AT NO.40 G 10TH STREET, JOGPALYA BENGALURU-560008.

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SINCE THE APPELLANT IS MENTALLY INFIRM/RETARDED REP. BY HER HUSBAND AND NEXT FRIEND SRI. C. KRISHNA ALIAS C. KRISHNAMURTHY S/O CHINNADORAI AGED 50 YEARS RESIDING AT NO.40 G 10TH STREET, JOGPALYA BENGALURU-560008.

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…APPELLANT

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(BY SRI. G. SHANKAR, ADV.,)

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AND:

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SRI. DEEPAK S/O LATE M. MUNIRAJU

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HC-KAR

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AGED ABOUT 41 YEARS RESIDING NO 40, G 10TH STREET JOGPALYA, BENGALURU-560008.

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SMT. M. MAMATHA W/O SRI. T. SRIDHARA AGED ABOUT 45 YEARS D/O LATE M. MUNIRAJU R/AT. VENKATALAKSHMI NARAYANA NILAYA NO.7 1ST MAIN ROAD, NGEF LAYOUT BENGALURU-560094.

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SMT. M. BABITHA W/O SRI DEELIP KUMAR D/O LATE M. MUNIRAJU AGED ABOUT 33 YEARS R/AT. NO.655, 5TH MAIN ROAD ISRO LAYOUT, BENGALURU-560075.

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…RESPONDENTS

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(BY SRI. G. RAGHUNANDAN, ADV., FOR R1 TO R3)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, PRAYING TO CALL FOR THE RECORDS. SET ASIDE THE JUDGMENT AND DECREE DATED 17.03.2021 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-60) BENGALURU, IN O.S.NO.7439/2016. DECREE THE SUIT FOR PARTITION AND SEPARATE POSSESSION IN RESPECT OF SUIT SCHEDULE PROPERTIES, BY METES AND BOUNDS AS PRAYED FOR IN THE PLAINT & ETC.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2026:KHC:10036-DB R.F.A. No.1040/2021

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Sri. Shankar G., learned counsel for the appellant and Sri.G.Raghunandan, learned counsel for the respondents submit that the matter is settled between the parties and they have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure.

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2. The terms of compromise reads as under:

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"The appellant and the respondent Nos.1 to 3 respectfully submit as follows :

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1. The appellant has filed the suit for partition and separate possession. Since the appellant is mentally infirm / retarded, she is represented by her husband / guardian as next friend C.Krishnamurthy. The appellant has filed the suit for partition and separate possession in respect of plaint schedule ‘A’ and ‘B’ properties, which are immoveable properties and schedule ‘C’ property is the moveable items of properties. The suit is filed against the respondent Nos.1 to 3 herein. The respondent No.1 herein is the brother, respondent Nos.2 and 3 are sisters of the appellant. The appellant and respondent Nos.1 to 3 are children of late M.Muniraju and Smt.Sarojamma. The suit is filed in O.S.No.7439 of 2016 on the file of the LIX Additional City civil and Sessions Judge, (CCH-60) Bengaluru. The suit was dismissed on 17.03.2021. Aggrieved by the impugned judgement and decree, the plaintiff/ appellant herein filed this appeal.

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HC-KAR

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2. It is submitted that after appearance of the respondents, the parties herein, at the intervention of well wishers, have negotiated and agreed to mutually settle all the differences among them and agreed to compromise the matter amicably in the following manner :

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3. The first respondent (Deepak) shall pay a sum of Rs.65,00,000/- (Rupees sixty five lakhs only) to the appellant (Smt.Latha) payable to her husband Sri C.Krishnamurthy through bank transfer.

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4. The first respondent (Deepak) shall also give 120 (one hundred and twenty) grams of gold ornaments to the appellant (Smt.Latha) to the custody of her husband Sri C.Krishnamurthy or the value thereof as on the day of delivering the same to the appellant / her husband C.Krishnamurthy.

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5. The first respondent shall pay a sum of Rs.40,00,000/- (Rupees forty lakhs only) to the second respondent (Smt.M.Mamatha) through bank transfer.

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6. The first respondent shall pay a sum of Rs.40,00,000/- (Rupees forty lakhs only) to the third respondent (Smt.M.Babitha).

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7. The first respondent shall have absolute rights, title and interests in all the plaint schedule properties I.e., schedule ‘A’, ‘B’ and ‘C’ properties. Except the money and return of gold to the appellant and respondent Nos.2 and 3, the appellant is not liable to pay anything either in cash or properties as their shares in respect of the above referred schedule properties. The appellant and the respondent Nos.2 and 3 hereby relinquish all their joint rights, title and interests in the schedule ‘A’, ‘B’ and ‘C’ properties in favour of the first respondent and they do not have any claim whatsoever in respect of the subject matter of the suit and this appeal.

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HC-KAR

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8. The first respondent (Deepak) shall have liberty to enter into any agreement to sell, agreeing to sell the schedule ‘A’, ‘B’ and ‘C’ properties to any third party /prospective purchasers and receive any advance / security deposit, with reference to this compromise and such sale transaction shall be subject to the fulfillment of this compromise petition. Such sale transactions shall be at the sole discretion of the first respondent and the appellant and respondent Nos.2 and 3 cannot have any extra claim other than the claim confirmed in this compromise petition. However, the first respondent (Deepak) shall complete such sale transaction in respect of any items of the schedule properties and settle the claim of the appellant and respondent Nos.2 and 3 within three months from the date of this compromise reported before this Hon’ble High Court. In the event of delay or deceit, the appellant has liberty to reopen the appeal and contest the appeal on merits claiming equal share in all the schedule properties. This compromise is subject to early settlement to the appellant at the first instance and then to respondent Nos.2 and 3.

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9. It is further agreed and ascertained that after settlement of the claim of the appellant and the respondent Nos.2 and 3, the respondent No.1 shall have absolute rights, title and interests in respect of all the items of schedule properties and even such prospective purchasers also get better title.

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10. It is also relevant to mention here that the measurement mentioned in schedule ‘B’ in the decree in OS.7439 of 2016 is erroneous. Although the measurement from to north to south is correctly shown as 53 feet in the first place, while reiterating the same below schedule, it is erroneously mentioned as 5.03”. However, the correct measurement from north to south is 53 (fifty three)

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HC-KAR

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feet, and the total measurement is 932.8 square feet.

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11. This settlement between the appellant and the respondent Nos.1 to 3 is the full and final satisfaction of their claim and there shall not be any claim whatsoever.

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‘A’ SCHEDULE

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All the piece and parcel of the immoveable property situated at No.40, situated at No.40, the suit ‘A’ schedule property situated at No.40, G, 10^th street, Jogupalya, Bengaluru-560 008, measuring east to west 33-0 feet, north to south 65-0 feet, total measuring 2145 square feet, with 18 sq. feet of R.C.C. building :

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Measuring

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East to West 33.0” feet North to South 65.0” feet

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Total measuring 2145 sq feet & 18 sq. feet.

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Bounded on the : East by : Site No.8/2 West by : Sy.No.41, North by : Road, South by : Site No.20.

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‘B’ SCHEDULE

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All the piece and parcel of the immoveable property situated at 12/14, the suit ‘B’ schedule property at No.12/14, G.8^th Street, Ward No.75, Jogupalya, Bengaluru-560 008, measuring east to west 17-6 feet, north to south 53-0 feet, with 7 ½ square R.C.C. building, total measuring 932.8 sq. ft.,

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HC-KAR

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Measuring East to West 17.6” feet North to South 53” feet Total measuring 932.8 sq. feet Bounded on the : East by : J No.8 Street road, West by : Others property, North by : Others property, South by : Road.

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‘C’ SCHEDULE

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All the piece and parcel of the movable property such as Ear Vole, (ear rings) Jumki, about 20 grams of gold, Gold mangalya neck chain, about 75 grams of gold, one kasina sara (75 grams of gold neck chain), Neck- lace 60 grams gold, Gold finger rings four – each measuring about four grams, silver dabu about 250, grams, silver leg chain of four sets, about 100 grams of silver each one. Total 400 grams of silver, silver pooja articles like deepale kamba, Mangalarathi plate, Achmana Paatre, Theertha batlu etc.

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The plaintiff’s mother has left huge amount of jewellery and silver articles, other vessels, the total movable of gold ornaments more than 1000 grams (01 kilogram), the total movable of silver ornaments is more than 3000 grams (03 K.Gs). Hence, the same things should be divided by all the four members, the plaintiff is eligible for ¼ share."

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2. Appellant and the respondents are present and

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they are identified by their respective counsel. The parties, who are present before the Court, state that they have

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