Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 311 OF 2012 (PAR) BETWEEN:
SRI T VENUGOPAL SHARMA SINCE THEN DECEASED REP. BY HIS LRS 1(a) MRS. SUGUNA V SHARMA W/O LATE T VENUGOPAL SHARMA AGED ABOUT 55 YEARS 1(b) MR. SANTHOSH V SHARMA S/O LATE T VENUGOPAL SHARMA AGED ABOUT 39 YEARS 1(c) MR. SANJAY SHARMA T S/O LATE T VENUGOPAL SHARMA AGED ABOUT 35 YEARS Digitally signed by NARASIMHA SL.NO.1 TO 3 ARE R/AT “KRUTHIKA NILAYA” MURTHY VANAMALA 3RD MAIN, BETWEEN 10TH & Location: 11TH CROSS EXTENSION HIGH COURT OF NANJANGUD TALUK-571301. KARNATAKA …APPELLANTS (BY SRI. V S BIJU, ADV.) AND:
1. SRI T RAMESH SHARMA S/O LATE T JAYRAMA SHARMA AGED ABOUT 56 YEARS R/AT 15TH CROSS, NANJANGUD TOWN-571301. -2-
2. SRI J GURURAJA S/O LATE T JAYARAM SHARMA AGED ABOUT 60 YEARS 11TH CROSS, SREEKANTAPURI LAYOUT NANJANGUD TOWN-571301.
3. SRI T RAVINDRA SHARMA S/O LATE T JAYARAM SHARMA AGED ABOUT 57 YEARS FLAT NO.25, CCB 1302 KALANIDID 2ND STAGE CHENNAMMA NAGAR BELAGAM-590002.
4. SMT. MALINI W/O J GURURAJA AGED ABOUT 52 YEARS R/AT 11TH CROSS, SREEKANTAPURI LAYOUT NANJANGUD TOWN-571301.
5. MRS. SWATHI G D/O J GURURAJA AGED ABOUT 36 YEARS R/AT 11TH CROSS, SREEKANTAPURI LAYOUT NANJANGUD TOWN-571301. …RESPONDENTS (BY SRI. S.M. BABU, ADV. FOR R1 SRI NATARAJ BALLAL, ADV. FOR R2, 4, 5 SRI G RAVISHANKAR SHASTRY, ADV. FOR R3) THIS APPEAL IS FILED UNDER ORDER 41, RULE-1, R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.11.2011 PASSED IN O.S.11/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE, NANJANAGUD, DECREEING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE C.M. POONACHA -3-
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT) This appeal is against the judgment and decree dated 15.11.2011 in O.S.No.11/2008 on the file of Senior Civil Judge, Nanjangud, whereby, the suit of the original plaintiff was decreed, declaring half share to the plaintiff in the plaint schedule properties.
2. During the pendency of the appeal, the first appellant died and his legal representatives were brought on record by order dated 30.03.2016.
3. Appellants 1(a to c) are present along with learned counsel Sri.V.S.Biju and respondents No.1 to 5 are present along with their respective counsels.
4. Learned counsel appearing for the parties identified their respective parties.
5. It is submitted that during the pendency of the
appeal, with the intervention of well wishers, the parties have arrived at settlement and they filed an application -4- under Order XXIII Rule 3 read with Section 151 of CPC is filed, setting out the terms of compromise.
6. The compromise petition is duly signed by the appellants as well as respondents/plaintiffs along with their learned counsels.
7. The compromise petition reads as follows: “APPLICATION UNDER ORDER XXIII RULE 3 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE The Appellants and the Respondents respectfully submits as follows:
1. The 1 Respondent had filed a suit in O.S No.11/2008
on the file of Civil judge (Sr. Div) Nanjangud against the Appellants herein, seeking Partition and separate possession of 1/4th share in the suit schedule properties. The Appellants/Defendants after service of suit summons had entered appearance and had filed their Written statement to the said suit and after the trial the learned trial judge had Decreed the suit filed by the Respondents herein. Aggrieved by the said order the Appellants (LR's of the 1st Appellant deceased T Venugopal Sharma thereafter came on record) have preferred the above appeal and obtained stay of the Judgment and Decree passed in the said suit and the said stay is still in force. Later during the pendency of these proceedings, the Appellants and Respondents at the intervention of friends -5-
and well wishers have agreed to settle the dispute amicably amongst themselves as per the following terms and conditions:-
(a) The Appellants & the Respondents herein have
agreed to give the 1st property mentioned in 'A' Schedule of OS No. 11/2008 i.e. house property bearing Assessment No.5479/2339 situated at Srikanta Puri Badavana, 15th Cross, Nanjangud Town measuring East to West 60 Sq. feet & North to South 78 Sq. ft. and bounded on East: by Conservancy, West: by 15th Cross road, South: by Property of N. Linganna & North: by house of K. Nagaraju in favour of the 1st Respondent T. Ramesh Sharma.
(b) The Appellants & the Respondents herein have
agreed to give the 2nd property mentioned in 'A' Schedule of OS No. 11/2008 i.e. again a house property bearing Assessment No. 5933/5699 measuring East to West 50 and North to South 36, situated at Srikanta Puri Badavana, 11th cross, Nanjangud town and bounded on East: by Conservancy, West: by Road, South by site No.6. North: by site No. 8 in favour of the 2 Respondent J. Gururaja.
(c) The Appellants & the Respondents herein have
agreed to give the 3 property mentioned in 'A' Schedule of OS No.11/2008 ie. Sy. No. 90/2 of Nanjangud measuring 1 Acre bounded on East: by Muda Road, West: by Land of K. Nagaraj and -6- South: by Land of Shariff & North: by Hullalli Nala in favour of the 1st, 2nd & 3rd Respondents equally i.e. T. Ramesh Sharma, J. Gururaja & T. Ravindra Sharma.
(d) The Appellants & the Respondents herein have
agreed to give the 4th property mentioned in 'A' Schedule of OS No.11/2008 i.e. Hotel Complex in Sy.No.33/2 (old) new No. 373 Assessment No. heirs of Late T. Venugopal Sharma i.e; 1) Suguna V Sharma 2)Santhosh V Sharma & 3) Sanjay Sharma.T the Appellants and 8 guntas each to 1st, 2nd & 3rd Respondents i.e; T. Ramesh Sharma, J. Gururaja & T Ravindra Sharma i.e., East: by Bangalore Neelgiri road, West: by land of Dr. Rajagopal, South: by Land of K Nagaraju North: by Land of YKL Swamy & family.
(e) The Appellants & the Respondents herein have agreed to give the 1st property mentioned in 'B'
Schedule of OS No.11/2008 i.e. Vacant site situated at Neelakanta Nagara Nanjangud bearing Assessment No.3763/3356 measuring 30 x 60 Sq. ft. bounded on the East: by Road, West: by Conservancy, South: by site No. 17 & North: by site No.15. in favour of the 3rd Respondent T. Ravindra Sharma.
(f) The Appellants & the Respondents herein have agreed to give the 2nd property mentioned in 'B' Schedule of OS No.11/2008 i.e. Vacant site -7-
situated at Neelakanta Nagara Nanjangud bearing Assessment No.3764/3357 measuring 30 x 60 Sq. ft. bounded on the East: by Road, West: by Conservancy, South: by site No.18 & North: by site No.16. in favour of the 3rd Respondent T. Ravindra Sharma.
(g) The Appellant & the Respondents herein have agreed to give the 3rd property mentioned in 'B' Schedule of OS No.11/2008 i.e. again a house
property bearing Assessment No.4509/4320 measuring East to West 50 and North to South 36, situated at 3rd main, 10th cross, Srikanta Puri Badavane, Nanjangud Town and bounded on East: by Conservancy, West: by Road, South: by site No. 15, North: by 3rd main road in favour of the Legal heirs of Late T Venugopal Sharma i.e. 1) Suguna V Sharma 2)Santhosh V Sharma 3) Sanjay Sharma T, the Appellants.
(h) The Appellants & the Respondents herein have agreed to share the 4th property mentioned in 'B' Schedule of OS No.11/2008 i.e. a vacant site
bearing Assessment No. 6476/6205 measuring 100ftx90 ft, situated at Chamalapura hundi Nanjangud town and bounded on East: by Bangalore - Neelgiri road, West: by Private
property, South: by Road leading to Chamalapura hundi & North: by Private property to be divided into Four shares One share in the name of the legal heirs of Late T Venugopal Sharma (i.e; Suguna V -8- Sharma, Santhosh V Sharma, Sanjay Sharma T, the Appellants) and the other three shares each in the name of 1st, 2nd & 3rd Respondents T. Ramesh Sharma, J. Gururaja & T Ravindra Sharma respectively.
(i) The Appellants & the Respondents herein have agreed to share the 5th property mentioned in 'B' Schedule of OS No.11/2008 i.e. a vacant site
bearing Assessment No. 6475/6204 measuring 40x50 ft, situated at Chamalapura hundi Nanjangud town and bounded on East to West: by Vacant site South: by site no.6 North: by Land of K.N. Gopalakrishna are also divided into Four shares One share in the name of the legal heirs of Late T Venugopal Sharma (i.e; Suguna V Sharma, Santhosh V Sharma, Sanjay Sharma T, the Appellants) and the other three shares each in the name of 1st, 2nd & 3rd Respondents i.e; T. Ramesh Sharma, J. Gururaja & T Ravindra Sharma respectively.
(j) The Appellants & the Respondents herein have
agreed to give the 6th property mentioned in 'B' Schedule of OS No.11/2008 i.e. Sy.No.293/2 extent 0.34 guntas, Sy.No.293/3 extent 1 Acre 2 Guntas, in Sy.No.293/4 extent 0.26 guntas situated at Kalale village Nanjangud Taluk bounded on East & South: by Land of Devamma & Late Madaiah West: by Ooty Road, and North: by Road goes in favour of the legal heirs of Late T Venugopal Sharma 1)
-9- Suguna V Sharma 2) Santhosh V Sharma 3) Sanjay Sharma T the Appellants.
(k) The Appellants & the Respondents herein have agreed to give the 7th property mentioned in 'B' Schedule of OS No.11/2008 extent of 0.34 guntas
in Sy.No.86 situated at Devirammana halli, Nanjangud taluk and bounded on East: by Ooty road, West & North: by Tank & South: by land of Pujari goes in favour of the 2nd Respondent J. Gururaja.
(l) The Appellants & the Respondents herein have agreed to give the 8th property mentioned in 'B' Schedule of OS No.11/2008 site No.36 (No.2278) measuring East to West 40ft South to North
(52+58)/2 situated at Devirammana Halli Nanjuangud and bounded on East & South: by Road, West: by site No.35 & North: by Site No.19 in favour of the 4th Respondent Mrs. Malini.G W/o. J Gururaja.
(m) The Appellants & the Respondents herein have
agreed to give the 9th property mentioned in 'B' Schedule of OS No.11/2008 site No.19 (No.2278) measuring East to West (52+55)/2 South to North 40 ft situated at Devirammana Halli Nanjuangud and bounded on East & North: by Road, West: by site No.20 & South: by Site No.36 in favour of the 5th Respondent Mrs. Swathi G, D/o. J Gururaja.
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(n) The Appellants & the Respondents herein have
agreed to give the 10th property mentioned in 'B' Schedule of OS No.11/2008 site No.54 situated within the limit of Devirammana Halli Panchayat Nanjangud Taluk measuring 30ft x 50 ft and bounded on East & South: by road, West: by site No.53 & North: by Site No.37 in favour of the 3rd Respondent T. Ravindra Sharma.
(o) The Appellants & the Respondents herein have
agreed to give the 11th property mentioned in 'B' Schedule site No. 18 of OS No.11/2008 situated within the limit of Devirammana Halli Panchayat Nanjangud Taluk measuring 40 ft x 55 ft and bounded on East & South: by road, West: by site No.17 & North: by Site No. 1 in favour of the 1 Respondent T. Ramesh Sharma.
2. The Appellants and Respondents herein have agreed to share the compensation received and yet to be received, if any, by the National Highway Authorities in Survey No. 373 (6534 Sqft totally acquired) equally.
3. The Parties have arrived at a Compromise Petition
which is agreeable by all the parties and have hereinafter agreed to enjoy the aforesaid extent of property in the manner as agreed upon by the parties in this Compromise Petition.
4. The Respondents have no objection in disposing the appeal in terms of compromise entered between the parties and modify the decree passed by Trial Court and - 11 - this compromise petition be part and parcel of the order / decree.
5. The Appellant/ Respondents hereby agrees,
undertakes, declare, confirm and acknowledges, the good right, full power and absolute authority and the title of each other to grant, convey, sell and transfer their respective shares or to make a gift thereof, or otherwise deal with the same in any manner and or may think fit and proper and even without consent or concurrence or any reference to each other under any circumstances.
6. The parties have agreed to register this Compromise Petition before the concerned Sub Registrar within a period of 3 months.
7. The Appellant/Respondents undertakes to execute all that documents or letters or no objection etc. if necessary, in order to give effect to the terms of this compromise petition.
8. The Appellant/ Respondents declare that they have not
done any act or deeds or things which will prejudice their respective rights in the schedule properties, In case of any claims by the parties claiming under the Appellant/ Respondents the respective parties agree to answer the same and undertake to indemnify and keep indemnified the aggrieved parties from such claims and demands.
9. The above compromise is entered/signed by the parties out of their free will and volition and the same is without any threat, coercion or undue influence. - 12 -
Wherefore the Appellants and the Respondents humbly pray that this Hon'ble Court be pleased to record this compromise petition entered between the parties and dispose the above appeal in terms of the compromise petition in the interest of justice and equity. SCHEDULE A PROPERTY All that piece and parcel of the properties mentioned hereunder:
1. Srikanta Puri Badavane, 15th Cross, Nanjangud Town, RCC Building about 35 Sq Ft. with 1st Floor, Assessment
Number 2963-2853, New Number V.5479/2339 measuring East to West 60 Sq. feet & North to South 78 Sq. ft. and bounded on East: by Conservancy, West: by 15th Cross Road, South: by Property of N. Linganna & North: by house of K. Nagaraju.
2. House 13 Sq. Ft, RCC Building, bearing No. 5933/5699
East to West 50 and North to South 36, situated at 11th cross, Srikanta Puri Badavane, Nanjangud bounded on the East: by Conservancy, West: by Road, South: by site No.
6. North: by site No. 8.
3. Sy No. 90/2 of Nanjangud (alienated land) measuring 1 Acre bounded on East: by Muda Road, West: by Land of K. Nagaraj and South: by Land of Shariff & North: by Hullalli Nala.
4. Sy. No. 33/2 Alienated land measuring 1 Acre situated at Champalapura Hundi, Nanjangud Town presently Hotel - 13 -
Complex bearing No.7486/7199, building about 60 Sft bounded on (New Assessment No: 6717) East: by Bangalore, Neelgiri road, West: by land of Dr. Rajagopal, South: by Land of K Nagaraju North: by Land of YKL Swamy & family. SCHEDULE B PROPERTY All that piece and parcel of the properties mentioned hereunder:
1. Vacant site situated at Neelakanta Nagara Nanjangud
bearing Assessment No. 3007, New No:3763/3356 measuring 30 x 60 Sq. ft. bounded on the East: by Road, West: by Conservancy, South: by site No. 17 & North: by site No.15.
2. Vacant site bearing Assessment No. 3008, New No: East: by Road, West: by Conservancy, South: by site No. 18 & North: by site No 16.
3. Vacant site Assessment No. 4509/4320 New No:
10th cross, Srikanta Puri Badavane, Nanjangud Town with the building of about 40 Sft with 1st floor RCC House and bounded on East: by Conservancy, West: by Road, South: by Site No. 15, North: by 3rd main road.
4. Vacant site bearing Assessment No.6476/6205
measuring 100 ft x 90 ft, situated at Chamalapura Hundi Nanjangud town and bounded on East: by Bangalore Neelgiri road, West: by Private property, South: by Road - 14 - leading to Chamalapura hundi & North: by Private property.
5. Site bearing Assessment No. 6475/6204 measuring 40 x 50 ft, situated at Chamalapura Hundi Nanjangud town and bounded on East to West: by Vacant site South: by site no. 6 North: by Land of K.N. Gopalakrishna.
6. Sy No. 293/2 extent 0.34 guntas, Sy. No. 293/3 extent
1 Acre 2 Guntas, in Sy. No. 293/4 extent 0.26 guntas situated at Kalale village, Nanjangud Taluk bounded on East & South: by Land of Devamma & Late Madaiah West: by Ooty Road, and North: by Road.
7. Wet Land situated at Devirammana halli, Nanjangud taluk, bering Sy. No. 86 extent of 0.34 Guntas Assessed to Rs. 2.82 and bounded on East: by Ooty road, West & North: by Tank & South: by land of Pujari.
8. Vacant site No. 36 (Jengir No. 2278) measuring East to West 40 ft South to North (52+58)/2 situated at Devirammana Halli Nanjuangud and bounded on East & South: by Road, West:by site No 35 & North: by Site No. 19.
9. Vacant site No. 19 (Jengir No. 2278) measuring East to West (52+55)/2 South to North 40 ft situated at Devirammana Halli Nanjuangud and bounded on East & North: by Road, West: by site No.20 & South: by Site No.36. - 15 -
10. Vacant site No.54 situated within the limit of Devirammana Halli Panchayat Nanjangud Taluk measuring 30 ft x 50 ft and bounded on East & South: by road, West: by site No.53 & North: by Site No.37.
11. Vacant Site situated at Devirammana Halli Panchayat Nanjangud Taluk, bearing Jengir No.2278, Site No.18 measuring 40 ft x 55 ft and bounded on East & South: by road, West: by site No 17 & North: by Site No. 1.”
8. On going through the terms of compromise, we are
satisfied that the same is legal and in accordance with law. Accordingly, the appeal stands disposed of, modifying the decree dated 15.11.2011 in O.S.No.11/2008 in terms of compromise petition. Registry to draw decree accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MPK CT:bms