M. S. DEEPAK S/O. LATE M. N. SATHYANARAYANA GUPTHA AGED ABOUT 53 YEARS R/O v. PRAKASH
Case Details
- 1 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.799 OF 2020 (PAR) BETWEEN: M. S. DEEPAK S/O. LATE M. N. SATHYANARAYANA GUPTHA AGED ABOUT 53 YEARS R/O. SRI RATHNA, CHANNAPPA LAYOUT 2ND CROSS, SHIVAMOGGA CITY - 577 201. …APPELLANT (BY SRI S. V. PRAKASH, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA AND: 1. M. S. AMARNATH S/O. LATE M. N. SATHYANARAYANA GUPTHA AGED ABOUT 59 YEARS PETTY BUSINESS R/O. SRI LAXMI NARASIMHA KRUPA II MAIN, ASHWATHNAGAR SHIVAMOGGA - 577 201. 2. SMT. NANDA D/O. LATE M. N. SATHYANARAYANA GUPTHA AGED ABOUT 38 YEARS R/O. SRI NAG ENTERPRISES CHIKKAMAGALURU DISTRICT - 577 101. 3. SRI D. SRINIVAS S/O. K. DEVANDRAPPA AGED ABOUT 46 YEARS - 2 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 4. D. R. RUPA W/O. D. SRINIVAS AGED ABOUT 40 YEARS RESPONDENT NOS.3 AND 4 ARE RESIDING AT HOUSE CALLED BENAKA KRUPA SAGAR ROAD, GUTYAPPA COLONY PAMPANAGAR, 2ND CROSS SHIVAMOGGA - 577 205. AMENDED CARRIED OUT AS PER COURT ORDER DATED 17/11/2023
Legal Reasoning
(BY SRI KESHAV M. DATAR, ADVOCATE FOR R-1; SRI CHINMAY R. KULKARNI, ADVOCATE FOR R-2; SRI R. GOPAL, ADVOCATE FOR R-3 AND R-4) …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 03.03.2020 PASSED IN O.S.NO.12/2017 ON THE FILE OF THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE, SHIVAMOGGA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 03.03.2020 rendered by the learned II Additional Senior Civil Judge, Shivamogga in O.S.No.12/2017. 2. Sri. S.V.Prakash, learned counsel for the appellant, Sri. keshav.M.Datar, learned counsel for respondent No.1, Sri. Chinmay.R.Kulkarni, learned counsel for respondent No.2 and Sri. R.Gopal, learned counsel for respondent Nos.3 and 4 are present before the Court physically. 3. Appellant and respondents with their respective learned counsel are present before the Court physically and have filed compromise petition under Order XXIII Rule 3 read with Section 151 of CPC and the compromise arrived between the parties, reads as under: "The appellant and respondents submit as under:- 1. The above appeal arises out of and is directed against the judgment and decree dated 03/03/2020 handed down by the learned II Addl. Senior Civil Judge, Shivamogga in O.S.No.12/2017 decreeing - 4 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 the suit filed by the 1st respondent for partition and separate possession of his alleged 1/3rd share over the suit schedule property. 2. The 1st respondent herein instituted a suit in 0.S.12/2017 against the appellant and the 2nd respondent seeking partition and separate possession of his 1/3rd share over the suit schedule property which is house property measuring 40 feet x 50 feet bearing Site No.14, situated at Channappa Layout, 4th Ward, Shivamogga City, contending that the suit schedule property was purchased by the father and built a residential house and the members of the joint family were in occupation of the same and that the appellant herein got the Katha of the suit schedule property changed to his name on the basis of registered Will said to have been executed by the father and he was not in the know of the said Will and he has got 1/3rd share over the same. 3. The appellant herein is the 1st defendant contested the suit by filing written statement stating that the suit schedule property was purchased by his father and it was his self-acquired property and the father executed registered Will dated 24/10/1994 bequeathing the suit schedule property in the name of his wife M.S. Nagarathna and upon her death, his father made a Codicil dated 28/12/1995 to the Will dated 24/10/1994 bequeathing the suit schedule - 5 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 property to the 1st defendant and he requested to dismiss the suit. 4. The learned trial judge by the impugned judgment held that the appellant herein failed to prove that his father bequeathed the suit schedule property by virtue of Codicil to the Will dated 28/12/1995 and accordingly decreed the suit declaring that the 1st respondent/plaintiff and the appellant as well respondent No.2/defendants 1 and 2 got 1/3rd share each over the suit schedule property. Later the first respondent has filed final decree proceedings in F.D.P No.18/2020. During the proceeding same has been stayed by High Court. 5. The appellant/1st defendant aggrieved by the impugned judgment and decree has preferred the captioned Regular First Appeal and this Hon'ble court by an order dated 04/06/2021 was pleased to admit the appeal and drawing up of final decree was stayed. 6. The respondent No. 3 and 4 made an application to the above appeal contending that they have purchased the suit schedule property from the appellant/1st defendant by means of registered sale deed dated 29/05/2017 for valuable sale consideration and therefore requested to allow them to come on record as additional respondents 3 and 4. - 6 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 The said application having been allowed by an order dated 17/11/2023 they were Impleaded as respondents 3 and 4 to the above appeal and amended memorandum of appeal was filed on 18/11/2023. 7. On the Intervention of the well-wishers, relatives and friends, the dispute among the parties leading to prefer the above captioned appeal has been settled amicably. Pursuant to which, the 1st respondent who is the plaintiff in the suit executed registered consent deed dated 27/03/2024 confirming that the suit schedule property was self-acquired property of his father and that the father during his life time executed a Will dated 24/10/1994 bequeathing the suit schedule property to his wife and on account of her untimely death on 28/06/1995, the father made a Codicil dated 28/12/1995 which was registered in the office of the Sub-Registrar, Shivamogga to the Will dated 24/10/1994 and bequeathed the suit schedule property to the appellant/1st defendant and has admitted the Will executed by his father dated 24/10/1994 and the Codicil dated 28/12/1995 and admitted that the suit schedule property was sold by the appellant/1st defendant to the respondents 3 and 4 and accepted the title of the appellalnt/1 defendant and subsequent title acquired by the respondents 3 and 4 by virtue of the sale deed dated 29/05/2017 - 7 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 and stated that he has no objection to the allow the appeal. 8. Similarly, the 2nd respondent has executed a registered consent deed dated 24/11/2023 which was registered in the office of the Sub-Registrar, Shivamogga confirming and admitting that the suit schedule property was self-acquired property of her father and that the father during his life time executed a Will dated 24/10/1994 bequeathing the suit schedule property to his wife and on account of her untimely death on 28/06/1995, the father made a Codicil dated 28/12/1995 which was registered in the office of the Sub-Registrar, Shivamogga to the Will dated 24/10/1994 and bequeathed the suit schedule property to the appellant/1st defendant and has admitted the Will executed by her father dated 24/10/1994 and the Codicil dated 28/12/1995 and admitted that the suit schedule property was sold by the appellant/1st defendant to the respondents 3 and 4 and accepted the title of the appellant/1st defendant and subsequently title acquired by the respondents 3 and 4 by virtue of the sale deed dated 29/05/2017 and stated that she has no objection to the allow the appeal. 9. The respondents 1 and 2 hereby admit and acknowledge that the suit schedule property was the self-acquired property of their father and that their - 8 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 father executed a registered Will dated 24/10/1994 bequeathing the suit schedule property to his wife and on account of her untimely death on 28/06/1995, their father made a registered Codicil dated 28/12/1995 to the Will dated 24/10/1994 bequeathing the suit schedule property in favour of the 1st defendant /appellant and admitted the title of the 1st defendant over the suit schedule property based on the above mentioned Will and the codicil and also admitted the title of the defendants 3 and 4 who purchased the suit schedule property from the appellant / 1st defendant under a registered sale deed 29/05/2017 and both of them have no objection to allow the above appeal and set aside the impugned judgment and decree handed by the learned trial court. 10. The respondents No.1 and 2 concede, declare and acknowledge that the respondents No. and 4 have become absolute owners by virtue of sale deed executed by the Appellant dated 29/05/2017 and they have no semblance of right, title and Interest much less possession over the suit schedule property since it was bequeathed to the appellant/1st defendant by their father and they have no objection that the above appeal may be allowed and the impugned judgment and decree of the trial court may be set aside and the suit filed by the 1st - 9 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 respondent / plaintiff in 0.S.12/2017 may be dismissed. 11. In order to buy peace and out of good gesture and to put an end to litigation once for all, as insisted by 1st respondent / plaintiff M.S. Amarnath to pay some amount to him towards compensation and expenses of litigations incurred by him, the respondent No. 3- D. Srinivas has agreed to pay a sum of Rs.17,10,000/- (Rupees Seventeen Lakhs Ten Thousand Only). In furtherance of such negotiations for settlement of matter, the 1st respondent admits that he has already received a sum of Rs.13,00,000/- (Rupees Thirteen Lakhs Only) by transfer from 3rd respondent's Bank's account in Bank of India branch Account, Shivamogga, to his Bank account in Canara Bank, Jayanagara Branch, Shivamogga and the 1st respondent/plaintiff further admits the receipt of cash of Rs.10,000/- (Rupees Ten Thousand Only) from 3rd respondent. Thus the 1st respondent/plaintiff admits that he has so for received in all a sum of Rs.13,10,000/- The balance of Rs.4,00,000/- (Rupees four lakshs) is paid by 3rd respondent D.Srinivas by D.D.No.262518, dated:30.10.2024, drawn on Canara Bank, Sheshadripura branch, Shivamogga favouring 1st respondent/plaintiff and the first respondent hereby acknowledge the receipt of the payment of said - 10 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 amount of Rs.4,00,000/- (Four Lakhs) by way of the said Demand draft. Thus the 1st respondent/plaintiff hereby acknowledge the receipt of entire amount of Rs.17,10,000/-(Seventeen lakhs and Ten thousand) from 3rd respondent D. Srinivas. 12. We submit that, the Respondent No.1 is the absolute owner of the Municipal House No. 204, Khata No.9358/204, totally measuring 167.25 Sq.Mts, situated at Navule Village, Ashwathnagar, Shivamogga City. We further submit that, the above property is the self-acquired property of the Respondent No.1, neither the Appellant and the Respondent No.2 nor their Successor, legal heirs etc., shall not have any claim to the Property as aforesaid or any part thereof. 13. That, the 1st respondent/plaintiff shall get dismissed the FDP.No.18/2020 pending on the file of the Hon'ble II Addi. Snr. Civil Judge & JMFC, Shivamogga, in view of the compromise reported in the above appeal. 14. The appellant and the respondents 1 to 4 thereby request that the cost of the above appeal may be made easy. WHEREFORE, the appellant, respondents No.1 to 4 most respectfully pray that the Hon'ble court may be - 11 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020 pleased to allow the above appeal in terms of this compromise petition and thereby set aside the impugned judgment and decree passed by the trial court in O.S.No.12/2017, dated: 03/03/2020 and the suit filed in O.S.No.12/2017 on the file of learned II Addl. Senior Civil Judge, Shivamogga may be dismissed by allowing this compromise petition, in the interest justice and pass such other suitable judgment or order or decree as this Hon'ble court deems it appropriate in the attendant fact and circumstances of the case to secure ends of justice." 4. In light of the compromise petition filed by the parties, the dispute between the appellant and the respondents have been amicably resolved, and the terms and conditions set-forth in the compromise petition have been mutually agreed upon, and the same is duly signed by all the parties, is hereby considered. 5. Accordingly, the judgment and decree dated 03.03.2020 passed by the learned II Additional Senior Civil Judge, Shivamogga in O.S.No.12/2017, is hereby set aside. 6. A decree shall be drawn up in accordance with the compromise petition. - 12 - NC: 2025:KHC:3385-DB RFA No. 799 of 2020
Decision
The appeal is disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 3