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2012 DIGILAW 806 (KAR)

Ammayamma v. Gundappa

2012-09-24

H.BILLAPPA

body2012
JUDGMENT H. BILLAPPA, J.—The appellants 1 to 5, the respondent No. 5 and the learned counsel for the appellants and respondents 5 to 7 are present. 2. Appellant No. 4 is the power of attorney holder of appellants 6 (a) to 6 (c). Respondent No. 5 is the power of attorney holder of respondents 6 and 7. 3. The parties have filed a compromise petition under Order 23, Rule 3 of CPC, which reads as under: (1) The appellants and respondent No. 5 to 7 respectfully submits as follows: The Appellants and Respondent 5 to 7 have at the intervention of mutual friends and well wishers of both the parties have resolved the disputes amongst them in respect of the land bearing Sy. No. 73/1, Belakahalli, Begur Hobli, Bangalore, morefully described in the Schedule ‘B’ property and House bearing Old No. 11682, situated at Belakahalli, Begur Hobli, Bangalore – 560 076,morefully described in the Schedule ‘C’ Property to the Plaint. (2) Both the parties agree that the Schedule ‘B’ and ‘C’ properties are the ancestral properties. The appellants hereby release their right in respect of the Schedule ‘B’ Property to the Plaint in favour of the Respondents No. 5 to 7 and that they will execute such documents as required by the Respondents No. 5 to 7 at their cost in respect of the Schedule ‘B’ to the Plaint. (3) The appellants state that they have no right, title and interest in or over the Schedule ‘B’ property to the Plaint. (4) In consideration of the Appellants relinquishing their interest in Schedule ‘B’ to the Plaint, they have received Rs. 5,00,000/- (Rupees Five Lakhs only) by way of two cheques No. 156561 and 156562 for Rupees 2,50,000/- (Two Lakhs Fifty Thousand only) each dated 18.09.2012 drawn on H.D.F.C Bank, K.H. Road, Bengaluru, infavour of G. Nagaraja, 4th appellant herein and P.A. holder of other appellants, from Respondent No. 5 to 7 subject to realization of the said cheques, in full and final settlement of their claim in respect of the Schedule ‘B’ property to the plaint. (5) The Respondents 5 to 7 hereby state that the appellants have been in possession of the ‘C Schedule Properties and their suit for recovery of possession was withdrawn by them. (5) The Respondents 5 to 7 hereby state that the appellants have been in possession of the ‘C Schedule Properties and their suit for recovery of possession was withdrawn by them. The respondent No. 5 to 7 hereby release, relinquish their right if any, in respect of the Schedule ‘C’ properties to the plaint absolutely belong to the appellants hereunder and they are in actual and factual possession of the same. The respondents 5 to 7 will execute any document as required by the appellants in respect of the Schedule ‘C’ Property to the Plaint at their cost. (6) The Schedule ‘B’ & ‘C’ Schedule Properties are clearly mentioned in this compromise Petition also for convenience. (7) Both the parties submit that the Judgment and Decree passed by the Trial Court in so far as the Schedule ‘B’ and ‘C’ Properties to the Plaint be set aside and the final decree be passed in terms of this compromise. In so far as the Schedule ‘A’ property is concerned, no compromise is arrived at with other respondents. (8) This compromise is entered into by their own volition of the parties without there being any compulsion or coercion from any body. Wherefore, it is humbly prayed that this Hon’ble Court be pleased to decree the Suit in terms of the settlement arrived by both the parties and modify the judgment and decree of the Trial Court to that effect, in the interest of justice. SCHEDULE ‘B’ PROPERTY All that part and parcel of the land bearing Sy. No. 73/1, Belakahalli, Begur Hobli, Bangalore bounded on the: East by : Land of Muniyappa West by : Land of Seesappa West by : Land of Erappa and South by : Land of Mudaliar Krishnappa SCHEDULE ‘C’ PROPERTY All that part and parcel of the House bearing Old No. 116/82, situated at Belakahalli, Begur Hobli, Bangalore- 560 076, bounded on that: East by : Immadhalli Abbaiappa’s property West by : Pachappa’s Property West by : Ramanna and Muninanjappa’s Property and South by : Government Road 4. The appellants 1 to 5 and the respondent No. 5 who are present before the Court admit the terms of compromise and its due execution. The appellants report the receipt of two cheques for a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only). 5. The appellants 1 to 5 and the respondent No. 5 who are present before the Court admit the terms of compromise and its due execution. The appellants report the receipt of two cheques for a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only). 5. The learned counsel for the parties submit that the compromise may be accepted and the appeal may be disposed of in terms of the compromise in respect of suit ‘B’ and ‘C’ Schedule properties 6. The Compromise is accepted. 7. Accordingly, the appeal is disposed of in terms of compromise in respect of suit ‘ B’ and ‘C’ schedule properties. 8. Draw up the decree, accordingly. 9. List this matter for hearing week after next in respect of suit ‘A’ Schedule Property.