SMT. PARVATHAMMA & Ors. v. NONE
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 s. 96; O. XXIII r. 3
Key paragraphs
- Para 22. ASSISTANT COMMISSIONER (LAND ACQUISITION) AND COMPETENT AUTHORITY, DHABOLE-BENGALURU NATURAL GAS TRANSPORT PIPE LINE PROJECT, NO.332/1, THIMMAIAH ROAD, VASANTHANAGARA, BENGALURU-560 052. …RESPONDENTS (BY SRI. SATHYANARAYANA SHASTRY, ADVOCATE FOR R1) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2018 PASSED…
Judgment
3(b) SMT. KAVYA .S W/O MANJUNATH BEHIND GANDHINAGAR PARK, CHALLAKERE - 577 522. 3(C) SMT. NAVYA S., W/O SHANKAR JAWARI, C/O CENTRAL STORES, NEAR S.D.M UNIVERSITY, DHARWAD-580 009. 3(d) SRI THIPPESH, S/O M. SIDDAPPA, C/O REVATHI FANCY STORES, J.M. ROAD, 5TH CROSS, CHITRADURGA - 577 501.
4. AMBUJAKSHI W/O VARADARAJU, AGED ABOUT 51 YEARS, RANGANATHAPRUA VILLAGE, HIRIYUR (T), CHITRADURGA DIST-577 598.
5. RAJAMMA W/O THIPPERUDRAPPA AGED ABOUT 49 YEARS, R/AT RANGENAHLLY VILLAGE, HIRIYUR (T), CHITRADURGA DIST-577 598.
6. SMT GOWRAMMA W/O NIRANJANAMURTHY AGED ABOUT 47 YEARS, R/AT ALUR VILLAGE, KUDLIGI TALUK, BELLARY DISTRICT-583 135. (BY SRI. JAGADEESH MUNDARAGI, ADVOCATE) …APPELLANTS - 3 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 AND:
SMT. KAMAKSHI G W/O LATE R.MANJUNATH AGED ABOUT 48 YEARS, R/AT NANDHIHALLI VILLAGE, HIRIYUR, CHITRADURGA DIST-577 598.
ASSISTANT COMMISSIONER (LAND ACQUISITION) AND COMPETENT AUTHORITY, DHABOLE-BENGALURU NATURAL GAS TRANSPORT PIPE LINE PROJECT, NO.332/1, THIMMAIAH ROAD, VASANTHANAGARA, BENGALURU-560 052. …RESPONDENTS (BY SRI. SATHYANARAYANA SHASTRY, ADVOCATE FOR R1) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2018 PASSED IN OS NO.21/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HIRIYUR PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR HON'BLE MR JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is filed challenging the judgment and decree dated 16.11.2018 passed in O.S.No.21/2010 on the - 4 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 file of the Senior Civil Judge and JMFC, Hiriyur. The said suit was initiated by the plaintiff against the defendants in respect of suit schedule property depicted therein. Accordingly, the Court having jurisdiction to deal with aforesaid original suit, rendered a judgment and decree. The said judgment and decree is challenged under this appeal by urging various grounds.
2. Heard learned counsel, Sri Jagadeesh Mundaragi, the appellants and learned counsel, Sri Sathyanarayana Shastry, for respondent No.1.
In this appeal, the respective learned counsel for both the parties, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 stating that the appellants and respondents have arrived at a settlement in terms of the compromise. It is stated that the parties herein have settled their disputes inter-se amongst themselves in view of which, the parties are entering into this compromise petition agreeing upon the following terms and conditions : - 5 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 "1. The 1st Respondent O.S.No.21/2010 on the file of the Learned Senior Civil Judge & J.M.F.C., Hiriyur against the Appellants and the 2nd Respondent for partition and separate possession claiming 1/3rd share in Item 1 and 2 of the SUIT SCHEDULE PROPERTIES. filed a
2. The Trial Court was pleased to pass a Preliminary decree, Decreeing the Suit of the 1st Respondent/Plaintiff in part granting her 1/7th Share in Item No.1 of the SUIT SCHEDULE PROPERTIES vide its Judgment and Decree dated 16th day of November, 2018. However, dismissed the Suit of the 1st Respondent/Plaintiff in respect of Item No.2 of the SUIT SCHEDULE (MOVABLE) PROPERTIES.
3. The Trial Court has further held that, the Appellants 1 to 6 being Class I heirs are also entitled for 1/7th share in Item No.1 of the SUIT SCHEDULE PROPERTIES and also entitled for 1/7th share in the towards amount deposited by compensation for acquiring portions of Item No.1 of the SUIT SCHEDULE PROPERTIES except Item No.1(6) i.e., Sy. No.158 and are also liable to pay 1/7th outstanding liability. the 2nd Respondent
It is submitted that, during the pendency of the above appeal, the 1st Respondent has withdrawn a sum of Rs.7,47,589/- (Rupees Seven Lakhs, Forty Seven Thousand Five hundred and Eighty Nine only) towards her 1/7th share out of the amount deposited by the 2nd Respondent before the Trail Court toward compensation for having acquire the portion of Item No. 1(6) i.e. except Sy. No. 158 of the SUIT SCHEDULE PROPERTIES with the permission of the Court in F.D.P No.5/2021 to meet her urgent legal necessities and to discharge outstanding loan. The Appellants herein challenged the order passed by the Court below permitting the 1st Respondent to withdraw the above said amount in W.P. No.47793/2019 (GM-CPC) which came to be disposed off on 12/06/2020 with clarification that, the withdrawal of the above amount by the 1st Respondent herein will be subject to the final outcome of this Appeal.
In the meanwhile, the 1st Appellant has discharged entire loan by taking the amount from the 2nd Appellant in the Canara Bank to the tune of Rs. 3,00,000/- (Rupees Three Lakhs Only) and Rs. 70,000(Rupees Seventy thousand only) to Prathamika Sahakara Sangha Niyamitha, Adivala.
The Final Decree proceedings initiated by the 1st Respondent in F.D.P. No.5/2021 on the file of the Hon'ble - 6 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 Senior Civil consideration. Judge & J.M.F.C., Hiriyur is pending
In the meanwhile, with the intervention and advice of the elders and well wishers of the family and relatives and friends, the parties to the proceedings have decided to settle their dispute amicably and compromise the matter in dispute under the terms and conditions mutually agreed to between them and reduced in writing hereunder: TERMS OF THE COMPROMISE PETITION a) It has been mutually agreed to between the contesting parties that, Respondent No.1 herein will be given 2 (Two) Acres 20 (Twenty) Guntas out of 8 (Eight) acres 32 (Thirty Two) guntas of agricultural land in Sy. No.47/2, situated at Adivala village, J.G. Halli Hobli, Hiriyur Taluk which is part of Item No.1(9) of the SUIT SCHEDULE PROPERTIES in full and final settlement of her 50% of her 1/7th share i.e., 3 (Three) acres of Agricultural Land for which she is entitled under the law) in the SUIT SCHEDULE PROPERTIES as shown in the Sketch Annexed to this Compromise Petition and more fully described in the Schedule Property 1(9)(a) in this compromise petition. b) Since Respondent No.1 has utilized the sum of Rs.7,47,589/- (Rupees Seven Lakhs, Forty Seven Thousand, Five hundred and Eighty Nine only) withdrawn with the permission of the Trial Court in F.D.P. No.5/2021 to meet her urgent legal necessities and to discharge her outstanding loan and hence she is not in a position to repay 50% of the compensation amount withdrawn by her to the Appellants for which they are entitled to, she is giving up 20 (Twenty) guntas of Agricultural land out of 3 (Three) Acres of Agricultural land for which she is entitled under the law in favour of Appellant No.1 towards her 50% of 1/7th Share in the above said sum of Rs.7,47,589/- (Rupees Seven Lakhs, Forty Seven Thousand, Five Hundred and Eighty Nine Only) and also 1/7th liability towards the loan discharged by the Appellants accepting only 2 (Two) Acres and 20 (Twenty) Guntas of Agricultural land in Sy.
No.47/2, situated at Adivala Village, J.G. HalliHobli, more fully described in the item No.1(9)(a) in the schedule Property hereunder and marked as Item No. 1 in the sketch annexed to this compromise Petition as her 1/7th share under the Preliminary Decree passed by the Trial Court, in O.S. No.21/2010 dated 16th November, 2018 in full and final settlement of her share. - 7 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 c) The Appellants 3(a) to (d) Sri M. Siddappa, Smt Kavya S, Smt Navya S and Sri Thippesh are entitled for and given 1(One) acre together in Sy. No.47/2, situated at Adivala Village, J.G.Halli Hobli, in the schedule property 1[Property No (9)(e)] and marked as item No 6 in the sketch annexed to this compromise petition. d) The Appellant No.4 Smt Ambujakshi is entitled for and given 3 (Three) acres in Sy. No.47/2, situated at Adivala Village, J.G.Halli Hobli, in the schedule property 1 [Property No (9)(b)] and marked as Item No 3 in the sketch annexed to this compromise petition. e) The Appellant No.5 Smt Rajamma is entitled for and given 1(one) acre in Sy.
No.47/2, situated at Adivala Village, J.G.Halli Hobli, in the schedule property 1 [Property No (9)(d)) and marked as Item No 5 in the sketch annexed to this compromise petition. f) The Appellant No.6 Smt Gowramma is entitled for and given 1 (One) Acre in Sy. No.47/2, situated at Adivala Village, J.G.Halli Hobli, In the schedule property 1(Property No(9)(c)] and marked as Item No 4 in the sketch annexed to this compromise petition. Item No.2 marked in the sketch is lefty for the road to all the Appellants 3(a) to (d) to 6 and Respondent No 1. g) The Appellants 3 (a) to 3 (d), 4, 5, and 6 are also entitled for Rupees Two Lakhs each in the Compensation amount deposited in the Trial Court by the 2nd Respondent in F.D.P No.5/2021 which is pending consideration on the file of the Hon'ble Senior Civil Judge & J.M.FC., Hiriyur. h) The 2nd Appellant Sri Veerabhadrappa has given the amount to the 1st Appellant to discharge the entire Loan in Canara Bank and Prathamika Sahakara Sangha Niyamitha, Adivala.
The 2nd Appellant is entitled for and given the Following Agricultural lands in Schedule properties Items No. and properties 2 to 5, 8 and 10 and more fully described in the Schedule Item1(2 to 5, 8 and 10) in this compromise petition: i) Land measuring 4 (Four) acres 1(One) gunta, in Sy.No. 142 ii) Land measuring 1 (One) acre 35 (Thirty Five) guntas, in Sy. No. 143 iii) Land measuring 1 (One) acre 36 (Thirty Six) guntas, In Sy. No. 144 - 8 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 (iv) Land measuring 3 (Three) acres 8(Eight) guntas, in Sy. No. 145 v) Land measuring 14 (Fourteen) acres 17 (Seventeen) guntas in Sy.No.39/2, situated at Adivala, J.G. Halli Hobli, Hiriyur Taluk vi) House bearing Katha No. 139 situated at Nandhihalli village, Hiriyur Taluk in all totaling to 25 (Twenty Five) acres and 17 (seventeen) guntas and House bearing Katha No. 139 All the above Lands situated at Nandihalli Village, KasabaHobli, Hiriyur Taluk.
The Appellant No.1 is entitled for Rs.7,47,589/- i) (Rupees Seven Lakhs, Forty Seven Thousand, Five Hundred, and Eight Nine Only) in the Compensation amount deposited by the 2nd Respondent before the Trial Court in F.D.P. No.5/2021, pending consideration before the Hon'ble Senior Civil Judge & J.M.F.C., Hiriyur. Since the 1st Appellant has discharged j) outstanding loan with the Canara Bank and Loan in Prathamika Sahakara Sangha Niyamita, Adivala taking amount from the 2nd Appellant, it has been mutually agreed to between the parties that, the Appellant No.1 is entitled for and given the following Agricultural Lands in the Schedule Property Item No. 1 (Properties 1,6 and 7) in this compromise petition and more fully described in the Schedule hereunder as her share. i) Land measuring 2 (Two) acres, 5(Five) guntas, in Sy.No.41/2 ii) Land measuring 4 (Four) acres 4, (Four) guntas, in Sy. No.158 iii) Land measuring 3 (Three) acres, 37 (Thirty Seven) guntas, in Sy.
No.162 in all totaling to 10 (Ten) acres and 6 (Six) guntas All are situated at Nandihalli Village, Kasaba Hobli, Hiriyur Taluk. The 2nd Appellant is also entitled for the remaining k) compensation amount deposited in the trial court by the 2nd Respondent in F.D.P. No.5/2021 which is pending consideration on the file of the Hon'ble Senior Civil. Judge & J.M.F.C. at Hiriyur. - 9 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 l) The Appellants 1 to 6 have no right, title and interest whatsoever over the share allotted to the 1st Respondent in view of this Compromise Petition. Similarly the 1st Respondent has no right, title and interest whatsoever over the share allotted to the Appellants 1 to 6 in view of this Compromise Petition. m) All the parties have voluntarily agreed for the terms of this Compromise and there is no collusion, threat or coercion of any kind between the parties in entering this compromise. n) The parties to the proceedings have agreed to bear their own costs of the proceedings. o) In view of the settlement arrived amongst the parties, the above Appeal may be disposed off in terms of this Compromise Petition and Office may be directed to draw the Final Decree in terms of this Compromise Petition and the sketch may kindly be form part of the decree, in the interests of justice and equity. SCHEDULE 1:
1. Land Bearing Sy. No. 41/2 measuring 2 Acres 5 Guntas assessed at Rs.0.45/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Land bearing Sy. No. 41/5 West by: Land bearing Sy. No.41/1 North by: Land bearing Sy. No.156 South By: Land bearing Sy.No.3
2. Land Bearing Sy. No. 142 measuring 4 Acres 1 Gunta assessed at Rs.0.79/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: V.V. Naala West by: Sy.No.41 North by: Sy.No.144 & 145 South By: Adivala Border - 10 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019
3. Land Bearing Sy. No. 143 measuring 1 Acres 35 Guntas assessed at Rs.0.48/ of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy.No. 142 West by: Adivala Border North by: Sy. No. 144 South By: Adivaia Border
4. Land Bearing Sy. No. 144 measuring 1 Acres 36 Guntas assessed at Rs.0.42/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy. No.145 West by: Sy.No.41 North by: Sy.No.146 South By: Sy.No.143
5. Land Bearing Sy. No. 145 measuring 3 Acres 8 Guntas asssessed at Rs.0.66/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy.No.135 West by: Sy.No.144 North by: Sy.No.146 South By: Sy. No.142
6. Land Bearing Sy. No. 158 measuring 4 Acres 4 Guntas assessed at Rs.1.81/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy.No.142 West by: Sy.No.168 North by: Sy.No.159 South By: Adivala Border
7. Land Bearing Sy. No. 162 measuring 3 Acres 37 Guntas assessed at Rs.2.46/- of Nandhihally Village, Kasaba Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy. No.156 - 11 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 West by: Sy. No.167 North by: Sy.No.163 South By: Sy. No.161
Land Bearing Sy. No. 39/2 measuring 14 Acres 17 Guntas assessed at Rs.5.30/- of Adivala Village, J.G. Halli Hobli, Hiriyur Taluk, and bounded as follows: East by: Sy.No.30 West by: Sy. No.32 North by: Sy.No.30 and V.V. Naala South By: Sy.No. 39/1
Shares allotted to Respondent No 1, Appellants No 3(a) to (d), 4, 5 and 6 in Land Bearing Sy. No.47/2 measuring 8 Acres 32 Guntas assessed at Rs.6.52/- of Adivala Village, J.G.Hall Hobli, Hiriyur Taluk, and mentioned in the annexed sketch as follows: a). Share allotted to Respondent No 1 Smt. Kamalakshi measuring 2 Acres 20 guntas in Sy No.47/2 as per the sketch and bounded on: East by: Road and portion in the same Sy. No allotted to Smt. Ambujakshi West by: Sy. No 50 North by: Sy. No 47/1 South by: Sy. No 49 b). Share allotted to Appellant No 4 Smt. Ambujakshi measuring 3 Acres in Sy. No.47/2 as per the sketch and bounded on: East by: Portion in the same Sy. No allotted to Smt. Gowramma West by: Portion in the same Sy. No allotted to Smt. Kamalakshi North by: Road South by: Sy No 49 - 12 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 c). Share allotted to Appellant No 6 Smt. Gowramma measuring 1 Acre in Sy. No.47/2 as per the sketch and bounded on: East by: Road West by: Portion Smt. Ambujakshi North by: Road South by: Sy No 49 in the same Sy. No allotted to d). Share allotted to Appellant No 5 Smt. Rajamma measuring 1 Acre in Sy. No.47/2 as per the sketch and bounded on: East by: Portion in the same Sy. No allotted to Smt. Vinodamma West by: Road North by: Road South by: Sy No 48 e). Share allotted to Appellants No 3(a) to (d) LRs of 3rd Appellant Late Vinodamma measuring 1 Acre in Sy. No.47/2 as per the sketch and bounded on: East by: Nandihalli gadi West by: Portion in the same Sy. No allotted to Smt. Rajamma North by: Sy No 47/1 South by: Sy No 48
House Bearing Katha No. 139 situated at Nandhihally Village, Hiriyur Taluk, and bounded as follows: East by: Land of Soorappa Gounder West by: Vacant site and house of Madivala Kenchamma North by: Vacant site South By: Road and House of N.R. Mallanna” - 13 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019
4. These are the conditions agreed to between appellants and respondents out of their free will and volition and there is no element of fraud, coercion, undue influence, misrepresentation or mistake. Further, both parties respectively submit that the present compromise is in the best interest of both the parties and it is also the only way to put an end to the long pending litigation and restore peace and harmony between the parties.
5. The appellants so also the respondents and their respective counsel are present before the Court physically and have apprised the conditions stated in the compromise petition. Therefore, in their presence compromise petition is hereby accepted. Accordingly, the appeal stands disposed of in terms of the compromise entered into between both the parties. Office is directed to draw the final decree in terms of the compromise petition and the sketch.
6. In view of the disposal of the main appeal by way of a compromise arrived at between the parties, the pending - 14 - NC: 2024:KHC:50018-DB RFA No. 100 of 2019 interlocutory applications, if any, in this appeal shall stand disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 20
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 96; Code of Civil Procedure, 1908 — O. XXIII r. 3.
Which court decided this case, and when?
Karnataka High Court, on 04 Dec 2024. The bench was RAJESH RAI K ORAL, O REVATHI FANCY STORE, O REVATHI FANCY STORES, SENIOR CIVIL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.