Sri Sathya Pal v. Sri B a Krishne Gowda
Case brief
What is this about?
Keywords: Karnataka High Court Bengaluru; RFA No. 1496 of 2025 (PAR); Regular First Appeal; partition suit compromise decree; O.S. No.76/2023 Chikkamagaluru; Prl. Senior Civil Judge and CJM; Sec.96 CPC; Order XXII Rule 3 r/w Section 151 CPC compromise petition; Power of Attorney 21.08.2025 GPA-holder compromise; family property settlement; joint sale suit schedule item No.1 with Sy.No.108/2 Melina Huluvatthi Village Jagara Hobli; Rs.1,50,00,000 / Rupees One Crore Fifty Lakhs appropriation to Respondents 1 and 2; Rs.5,82,800/- Taluk Primary Co-operative Agriculture and Rural Development Limited Ratnagiri Road Chikkamagaluru balance shared equally; appellant liable for bank loans on mortgaged properties; 30-day sale window reverting to 23.04.2025 decree; decree drawn by Registry; Anu Sivaraman; Tara Vitasta Ganju; decided 18 March 2026; NC: 2026:KHC:16121-DB.
What did the court decide?
Appeal decreed in terms of the joint compromise petition: (i) parties to jointly execute sale of suit schedule item No.1 property together with 4 acres in Sy.No.108/2, Melina Huluvatthi Village, Jagara Hobli, Chikkamagaluru Taluk, at a mutually acceptable price; (ii) Rs.1,50,00,000/- of sale proceeds first appropriated to the joint share of Respondents 1 and 2, to absolutely belong to Respondent 2 after Respondent 1's lifetime, with no claim by the Appellant; (iii) Appellant responsible for discharging all bank loans raised on the security of the two properties and closing related bank/financial-institution proceedings at his cost, retaining the balance sale consideration; (iv) credit balance of Rs.5,82,800/- in Respondent 1's account with Taluk Primary Co-operative Agriculture and Rural Development Limited, Ratnagiri Road, Chikkamagaluru (per Manager's confirmation dated 09/03/2026) to be shared equally among the three parties after deducting necessary expenses, with equal sharing of the responsibility to repay that bank's loan; (v) any other liabilities on suit item No.1 to be discharged by the Appellant; (vi) if the two properties are not sold within 30 days, Respondents free to work out their remedies in accordance with the judgment and decree dated 23.04.2025 in O.S. No.76/2023; (vii) Registry directed to draw up the decree in accordance with the compromise.