SRI G. PRAKASH v. SRI G. MADHU

SRI G. PRAKASH AGED ABOUT 69 YEARS S/O. LATE SRI GANGAPPA NO.43/37, 2ND CROSS PROMENADE ROAD, FRAZER TOWN BENGALURU - 560 005. (BY SRI S. SUBHASH, ADVOCATE) AND:

1. SRI G. MADHU AGED ABOUT 59 YEARS S/O. LATE GANGAPPA NO.43/23, 2ND CROSS PROMENADE ROAD, FRAZER TOWN BENGALURU - 560 005.

2. SMT. VANI SRIDHAR AGED MAJOR W/O. LATE G. SRIDHAR

3. SMT. RAMYA AGED MAJOR D/O. LATE G. SRIDHAR

4. SMT. RIYA AGED MAJOR D/O. LATE G. SRIDHAR MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 RESPONDENT NOs.2 TO 4 ARE RESIDING AT NO.112, 2ND CROSS OMBR LAYOUT, BANASAVADI BENGALURU - 560 043.

5. SMT. MEENA MANJUNATH AGED MAJOR D/O. SRI. GANGAPPA W/O. SRI. MANJUNATH NO.51, 5TH CROSS HANUMANTHANAGARA BENGALURU - 560 019.

6. SRI GURU AGED MAJOR

7. SMT. PRETHI AGED MAJOR D/O. GURU

8. SRI RAJESH AGED MAJOR S/O. SRI GURU RESPONDENT NOS.6 TO 8 ARE RESIDING AT BLOCK NO.3 APARTMENT NO.252, KHB COLONY SHIRKEY APARTMENTS KENGERI UPANAGARA BENGALURU - 560 060.

9. SMT. ANITHA SHIVAPRAKASH AGED MAJOR C/O. S. RAJASHEKAR NO.8, CAMBRIDGE ROAD ULSOOR BENGALURU - 560 008.

10. SMT. VIDYA SUNDER RAJ AGED MAJOR W/O. SUNDER RAJ D/O. LATE SRI GANGAPPA RESIDING AT B.M. ROAD SAKELSHPURA - 578 134 - 3 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 HASSAN DISTRICT. …RESPONDENTS (BY SRI BHUSHAN G., ADVOCATE FOR R-1; SRI K. NARAYANA, ADVOCATE FOR R-2 TO R-10; VIDE COURT ORDER DATED 09/04/2025 APPEAL AGAINST R-2 TO R-10 IS DISMISSED AS NOT PRESSED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.10.2022 PASSED IN OS NO.8523/2002 ON THE FILE OF THE C/c XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR PARTITION. THIS RFA, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated

10.10.2022 rendered in O.S.No.8523/2002 by the XLIV Addl. City Civil & Sessions Judge, Bengaluru. Heard learned counsel Sri. S. Subhash for the appellant, learned counsel Sri Bhushan G, for caveator respondent No.1 and Sri. K. Narayana, learned counsel for respondent Nos.2 to 10. In this matter, I.A.No.1/2025 is filed by learned counsel for the appellant seeking for striking out respondent Nos.2 to 10 in the above appeal. - 4 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 Learned counsel Sri. K. Narayana, appearing for respondent Nos.2 to 10 submits that he has no objection to consider the said application. Accordingly, respondent Nos.2 to 10 are striked out from the array of parties. Learned counsel for the appellant and learned counsel for respondent No.1 have filed a compromise petition under Order XXXIII Rule 3 CPC. The compromise petition is consisting of paragraph Nos.1 to 11 and each of the clause, which is stated in the compromise petition has been apprised the appellant Sri. G. Prakash, who is present before the Court physically and also to respondent No.1 Sri. G. Madhu. The compromise petition reads as under:- The Appellant and the 1st Respondent are filing the present compromise Petition having amicably resolved the dispute among themselves at the intervention of well-wishers on the following terms and conditions:

1. The Appellant and the 1st Respondent are brothers.

2. The Appellant along with his wife Smt. Mala Prakash purchased a residential house bearing No.43/37, 2nd Cross, Promenade Road, Frazer Town, Bengaluru -560 005, more particularly described under Schedule written hereunder and hereinafter referred to as Schedule 'A' sale deed dated: registered Property under a 09.11.1998.

3. The 1st Respondent/Plaintiff filed a suit in O.S. No.8523/2002 in the court of the City Civil & Sessions Judge, Bengaluru; against the Appellant / 2nd Defendant herein contending that the Schedule 'A' Property has been purchased with the aid of the income derived from (1st properties family - 5 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 Respondent/Plaintiff) being a member of the joint family is entitled for 1/8th share in the Schedule Property. The Appellant contested the suit claim contending that the property is not purchased with the aid of income from the joint family properties etc. and prayed for the rejection of the suit.

4. The trial court upon hearing the parties vide its judgement and decree dated 10.10.2022 decreed the suit granting 1/8th share in the Schedule Property to the 1st Respondent/plaintiff herein. Aggrieved by the said judgement and decree, the 2nd Defendant/Appellant has preferred the present appeal.

5. The 1stRespondent/Plaintiff herein has initiated final decree proceedings in FDP 48/2023 before the City Civil & Sessions Judge, Bengaluru. This Hon'ble Court upon admitting the above appeal has granted the interim order, restraining the court below adjudicating the FDP from drawing the final decree. The said FDP is pending.

6.The erstwhile joint family of the Appellant and the 1st Respondent owns a property bearing No.2 (Earlier No.48, Old No.20-A), PID No.91-80-2, situated at Ward No.91, Pulikeshinagar, Coles Road, Bengaluru- 560 005, which is more particularly described in the schedule written hereunder as Schedule 'B' Property.

7. The Appellant and the 1st Respondent submit that at the intervention of well wishers, both the Appellant and the 1st Respondent have mutually agreed to amicably settle all the disputes between them pending before various courts, in respect of the Schedule 'A & B' Properties and arrive at a compromise in terms of this compromise petition.

8. It is agreed that he 1st Respondent/Plaintiff will be entitled to an area of 3333.square feet in the Schedule 'B' Property and so also the Appellant will be entitled for a similar area of 3333 square feet in Schedule 'B' Property. It is mutually agreed by the Appellant and the 1st Respondent to sell the Schedule 'B' Property jointly to a price decided by the 1st Respondent/Plaintiff. The Appellant hereby agrees that out of the sale amount which he would be receiving from the sale of his share in Schedule 'B' Property he shall forgo a sum equivalent to two hundred sixty seven square feet (267 square feet) in - 6 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 the Schedule 'B' Property in favour of the 1st Respondent to which the 1st Respondent is entitled to receive such amount directly from the buyer.

9. In lieu of the Appellant agreeing to pay a sum equivalent to 267 square feet of B Schedule Property to the 1st Respondent, the 1st Respondent/Plaintiff consequently withdrawing his suit in O.S. No.8523/2002 on the file of XLIV Additional City Civil and Sessions final decree Judge Bengaluru City (CCH45) and proceedings in FDP No.48/2023 pending on the file of XLIV Additional City Civil and Sessions Judge (CCH No- 45). The first Respondent/Plaintiff hereby agrees that in the light of this compromise petition he shall not have any manner of right, title, interest or claim, either, past, present or future in relation to the A' Schedule Property. The first Respondent/Plaintiff hereby unconditionally withdraws the suit in O.S. No.8523/2002 and the Final Decree proceeding Respondent/Plaintiff admits 'A' Schedule Property is the self acquired property of the Appellant herein and his wife and the first Respondent / Plaintiff and his family members have no manner of claim, right, title or interest over the same. The Appellant and his wife are free to deal with the 'A' Schedule Property in any manner they deem fit without reference to the first Respondent/Plaintiff or his family members. The Respondent/Plaintiff hereby gives up all his rights he might have under the decree dated 27.07.1998 passed in O.SNo.154/1998 on the file of V Additional City Civil And Sessions Respondent/Plaintiff and his family members or any person/persons claiming under him shall not have or make any manner of claim on the basis of the said decree. Judge Bangalore CCH13 and in FDP 48/2023. The

10. The Appellant hereby undertakes to indemnify the 1st Respondent from any and all claims arising from any person upon the title of Schedule 'B' Property and discharge all claims from any third party over the said property and keep Schedule 'B' Property free from all claims and encumbrances. Additionally, the Appellant to keep 1st Respondent entirely also undertakes indemnified of his ( 1st Respondent's) actual original entitlement of 3333 square feet and additionally another 267 square feet (out of the Appellant's originally entitled - 7 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 3333 square feet) as mentioned above. In case the aforementioned intended sale of Schedule 'B' Property does not take place within 12 months from the date of this petition, the Appellant undertakes to ensure title and facilitation of unencumbered possession of an area equivalent to 3600 square feet be given/handed to the 1st Respondent in Schedule 'B' Property; comprising a square dimension abutting the Coles Road and this is an essential clause of this Compromise Petition. separate

11. The Appellant and the 1st Respondent have both agreed to all the above-mentioned terms and have signed this compromise petition out of their own free will and volition. Wherefore, the parties pray that this Hon'ble Court may be pleased to pass the orders in terms of this Compromise Petition, directing the parties to bear their own costs, in the interest of justice and equity. SCHEDULE 'A' PROPERTY All that piece and parcel of Residential House bearing No.43/37, 2nd Cross, Promenade Road, Frazer Town, Bengaluru-560 005, measuring 40 feet X 60 feet bounded on the: East by West by North by South by : : : : Private Property; Private Property; Private Property; Road. SCHEDULE 'B' PROPERTY Property bearing No.2 (Earlier No.48, Old No.20- A), PID No.91-80-2, situated at Ward No.91, Pulikeshinagar, Coles Road, Bengaluru-560 005, measuring on the East 156 feet, on the West 155 feet, on the North 98 feet, on the South 83 12 feet, and bounded on the: East by West by : : Private Property; Road; - 8 - NC: 2025:KHC:15356-DB RFA No. 208 of 2023 North by South by : : Private Property; Private Property. APPELLANT 1ST RESPONDENT ADVOCATE FOR 1ST RESPONDENT ADVOCATE FOR APPELLANT Keeping in view the submissions made by learned counsel for the appellant and so also the submissions made by learned counsel for respondent No.1 and more importantly relating to 'A' schedule property depicted in proceedings in O.S.No.8523/2002, compromise petition is hereby accepted and the same is restricted to the extent of schedule 'A' property filed by learned counsel for the respective parties. It is hereby clarified that in the joint compromise petition, 'B' schedule property is excluded. Accordingly, the appeal is disposed of in terms of the compromise petition filed by the parties. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 55