The High Court
Case Details
- 1 - NC: 2025:KHC:14834 RFA No. 342 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA REGULAR FIRST APPEAL NO. 342 OF 2007 (PAR) BETWEEN: 1. SRI. N. NARSIMHA S/O LATE NARASAIAH SINCE DECEASED BY LRs 1(A) SRI. N. RAGAVENDRA S/O LATE NO. NARASIMHA AGED ABOUT 29 YEARS 1(B) SRI. N. MURALI S/O LATE N.NARASIMHA AGED ABOUT 25 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA 2. 3. BOTH ARE R/AT NO. 30 1ST A CROSS, PARIMALA NAGAR NANDINI LAYOUT BANGALORE-560 096. SMT. B. VIJAYA W/O N. NARASIMHA AGED ABOUT 47 YEARS R/AT NO 30, 1ST A CROSS PARIMALA NAGAR, NANDINI LAYOUT BANGALORE-560 096. SRI. JOHN S/O LATE LEO SEQUEIRA AGED ABOUT 47 YEARS R/AT NO 725, I CROSS III STAGE, IV BLOCK WEST OF CHORD ROAD - 2 - NC: 2025:KHC:14834 RFA No. 342 of 2007 BASAVESHWARA NAGAR BANGALORE-560 079. …APPELLANTS
Legal Reasoning
(BY SRI. JANARDHANA .G, ADVOCATE) AND: SRI. S. SEETHARAMA S/O LATE B. SEETHAIAH AGED ABOUT 46 YEARS R/AT NO 321, III CROSS KANTEERVA NAGAR MAIN ROAD BANGALORE-560 096. (BY SRI. N. SHIVAKUMAR, ADVOCATE) …RESPONDENT THIS RFA IS FILED U/S 96 R/W ORDER 41 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 12.01.2007 PASSED IN OS.NO.2705/1996 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL JUDGMENT 1. This appeal arises out of suit for partition filed by the respondent-plaintiff. The said suit has ended in a decree, whereby the respondent - plaintiff has granted 1/3rd share. As a result, the present appeal - 3 - NC: 2025:KHC:14834 RFA No. 342 of 2007 is filed by defendants 1 to 3. In this appeal, the parties have arrived at a settlement, whereby the respondent - plaintiff has relinquished his share by receiving a sum of Rs.3,05,00,000/- (Rupees Three Crores Five Lakhs Only) in favour of appellants/defendants. 2. The terms of the compromise reads as under: "UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, BOTH THE APPELLANTS AND RESPONDENT COMPROMISE THE MATTER AS FOLLOWS: 1. It is stated that the Respondent/Plaintiff has filed O.S No. 2705/1996 seeking for partition of his 1/3rd share out of the Item Nos.1 and 2 of the suit schedule properties on the ground that the deceased Appellant No.1, Appellant No.3-Defendant No.2 and the Respondent/Plaintiff himself have jointly purchased the same under the registered sale deeds dated 03/06/1992 and it requires to be partitioned the same among them. 2. It is further stated that the Trial Court has decreed the suit of the plaintiffs / respondent as prayed for in terms of the judgment and decree - 4 - NC: 2025:KHC:14834 RFA No. 342 of 2007 dated 12/01/2007 and against the same, the above appeal has been filed and this Hon'ble Court admitted the same and has also granted interim order on 14.3.2007 and thereby staying the operation of the order of the learned Trial Judge until further orders. 3. It is stated that during the pendency of this Appeal i.e., on 15/08/2010, the Appellant No.1/Defendant No.1 expired and his LRs were brought on record in the present appeal before this Hon'ble Court. 4. It is further stated that now at the intervention of the well-wishers from both the sides, the parties to the present Appeal have agreed to compromise the matter among themselves and in terms of the said compromise, the Appellants have offered Rs. 3,05,00,000/- (Three Crore Five Lakh Only) as a settlement towards relinquishment of his 1/3rd right, title and interest over the item Nos. 1 and 2 of the suit schedule properties before this Hon'ble Court and the Respondent/Plaintiff accepted the said offer. 5. In terms of the said settlement, the Appellants have agreed to pay Rs. 3,05,00,000/- (Three Crore Five Lakh Only) in the following manner:- - 5 - NC: 2025:KHC:14834 RFA No. 342 of 2007 DATE 07/04/2025 S SEETHARAMA SBI IN FAVOUR DRAWN AT CHEQUE NO. AMOUNT MAHALAKSHMI Rs.35,00,000/- 01/05/2025 S SEETHARAMA 01/07/2025 S SEETHARAMA LAYOUT #620543 CANARA BANK MAHALAKSHMI LAYOUT #121541 CANARA BANK MAHALAKSHMI LAYOUT #341941 SBI LAYOUT BRANCH #620544 MAHALAKSHMI CANARA BANK MAHALAKSHMI LAYOUT #121542 CANARA BANK MAHALAKSHMI LAYOUT #341943 Rs.35,00,000/- Rs.30,00,000/- Rs.35,00,000/- Rs.35,00,000/- Rs.30,00,000/- 01/09/2025 S SEETHARAMA MAHALAKSMI Rs.35,00,000/- SBI LAYOUT #620545 CANARA BANK MAHALAKSHMI LAYOUT #121543 CANARA BANK MAHALAKSHMI LAYOUT #341944 Rs.35,00,000/- Rs.35,00,000/- Total: Rs.3,05,00,000/- (Rupees Three Crores Five Lakhs only) 6. The Respondent/plaintiff acknowledged the receipt of Rs. 3,05,00,000/- (Three Crore Five Lakh Only) through cheques, as detailed above, towards full and final settlement of his share over the suit schedule properties and subject to realization of the same by executing necessary Release Deed or any - 6 - NC: 2025:KHC:14834 RFA No. 342 of 2007 other suitable document, as sought for by the Appellants for giving up his right over the same in their favour and so as to perfect their title. 7. It is stated that the Respondent/Plaintiff confirms that the Appellant no.1(a) and 1(b) are the absolute owners in possession of the Schedule Properties, having full right, title, interest and possession over the same, subject to realization of the full and final settlement amount and further he shall not claim any right, title, interest, of over the 1/3rd share of the schedule properties. Pursuant to the realization of the aforesaid entire amount of Rs. 3,05,00,000/- (Three Crore Five Lakh Only), the Respondent/Plaintiff also undertakes and assures that he would do and perform all the act, that is necessary to perfect the title of the Appellants by executing such instruments, as required in law and if he fails to do so, they are at liberty to get the same executed the same through this Hon'ble Court. 8. The Respondent/Plaintiff assures the Appellants that neither himself nor his agents, servants, heirs or anybody claiming through him will interfere with the peaceful possession and enjoyment of item Nos.1 and 2 of the schedule properties by the Appellants. - 7 - NC: 2025:KHC:14834 RFA No. 342 of 2007 9. It is further made it clear that Respondent/Plaintiff has no claim whatsoever over the suit schedule properties and because of this compromise, both of them have agreed that they will not file any suit against each other in respect of the same in any court of law. The Respondent / Plaintiff, also affirms that his legal or representatives have no right, title and interest over the suit schedule properties in any manner. 10. The Plaintiff /Respondent shall sign all applications, vakalathnamas, no objections etc., in support to the Appellants before any Court of law or any authority as and when it requires to be filed in the court relating to the suit schedule properties. 11. The Appellants have undertaken to honor all the cheques on its due presentation on the agreed dates and for any reason, if the cheques are not honoured, it is agreed that there will be a charge on the properties until the same is cleared. The parties have settled the dispute subject to outcome of SLP.No.16732/2023 c/w SLP No. 17024/2023 and it is at Appellants risk. 12. It is further stated that the parties have entered into this compromise on their own wish and will for their mutual benefit, without there being any force, pressure, coercion, induce or compulsion from - 8 - NC: 2025:KHC:14834 RFA No. 342 of 2007 any person(s) in whatsoever manner and it is irrevocable. WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to set-aside the judgment and decree dated 12/01/2007 passed by the Hon'ble I Addl. City Civil and Sessions Judge, Bangalore City in O.S. No. 2705/2007 and allow the present appeal in terms of this compromise petition and accordingly direct the office to draw the decree, in the interest of justice. SCHEDULE PROPERTY Item No. 1: 1/3rd share in the property bearing No.5 in Khata No. 99, situated at Jarakbandekaval, Yelahanaka Hobli, Bangalore North Taluk, measuring, East to West: 60 feet and North to South: 75 feet and, bounded by: East by: Property bearing No. 4 West by: Property bearing No. 6, North by: Road, South by: Property of Ramaiah & Bettaiah - 9 - NC: 2025:KHC:14834 RFA No. 342 of 2007 Item No.2: 1/3rd share in the property bearing No.6 in Khata No. 99, situated at Jarakbandekaval Yelahanaka Hobli, Bangalore, North Taluk, measuring, East to West 60 feet and North to South 75 feet and, bounded by East by: Property bearing No. 5 West by: Property of Bettaiah, North by: Road, South by: Property of Bettaiah " 3. It is also stated that the settlement is arrived at subject to the outcome of SLP.Nos.16732/2023 c/w. 17024/2023 which have been filed by Narasamma and others challenging the dismissal of RFA.No.243/2008 c/w. RFA.No.1646/2014. It is also stated that there is an order of status-quo granted in the aforesaid SLPs and the appellants herein undertake that they would maintain status-quo as ordered by the Apex Court. 4. In light of the outcome of decision in aforesaid SLPs and subject to the appellants maintaining status-quo - 10 - NC: 2025:KHC:14834 RFA No. 342 of 2007 as ordered in the aforesaid SLPs by the Apex Court, this appeal is disposed of in terms of the compromise. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 79