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2013 DIGILAW 1376 (KAR)

Leelavathi Bai v. Tukarama Rao

2013-12-06

ASHOK B.HINCHIGERI

body2013
Judgment : 1. The parties have settled the matter and presented the memorandum of compromise petition under Order XXIII Rule 3 of the C.P.C. It is signed by them and their respective learned advocates. The parties and their signatures are identified by their respective learned advocates. The parties state that they have entered into the compromise of their own volition and without any duress from anybody. 2. The memorandum of compromise petition is taken on record. It reads as follows: "1. The above named Appellants have challenged the judgment and decree dated 02.12.2008 passed in O.S.No.9/2007 by Principal District and Sessions Judge, Bangalore Rural District at Bangalore. This Hon'ble Court admitted the above appeal and stayed the judgment and decree of the lower court. 2. During the pendency of the appeal the Respondent Sri Tukaram Rao died leaving behind his LRs to succeed to his estates. After the demise of First Respondent his LRs were brought on record. Thereafter the Appellants and Respondents with the intervention of elders and well-wishers arrived at a conclusion to settle the dispute amicably by way of compromise. The schedule property is an agricultural land property bearing Survey No.82/B20, measuring 2 acres 20 guntas (i.e. 100 guntas), situated at Aruvanahalli Villge, Kundana Hobli, Devanahalli Taluk, which is more fully described and marked as per the below mentioned schedule property. The Appellants and Respondents have agreed to divide/partition the schedule property in four shares. And out of 2 (two) acres 20 (twenty) guntas (i.e. total 100 guntas) in Survey No.82/B20, to the extent of 0- 22 guntas, situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, which is more fully described in the below mentioned Schedule-A property (herein after referred to as Schedule-A property) is allotted to the share of Appellant No.1 to 5 jointly and exclusively. 3. And out of 2 (two) acres 20 (twenty) guntas (i.e. total 100 guntas) in Survey No.82/B20 to the extent of 0-22 guntas, situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, which is more fully described in the below mentioned Schedule-B property (herein after referred to as Schedule-B property) is allotted to the share of Appellant No.6 to 10 jointly and exclusively. 4. 4. And out of 2(two) acres 20 (twenty) guntas (i.e. total 100 guntas) in Survey No.82/B20 to the extent of 0-22 guntas, situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, which is morefully described in the below mentioned Schedule-C property (herein after referred to as Schedule-C property) is allotted to the share of Appellant No.11 exclusively. 5. And out of 2 (two) acres 20 (twenty) guntas (i.e. total 100 guntas) in Survey No. 82/B20, to the extent of 0-25 guntas, situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, which is more fully described in the below mentioned Schedule-D property (herein after referred to as Schedule-D property) is allotted to the share of Respondent No.1(a) to 1(c) jointly and exclusively. 6. Whereas remaining 0-09 guntas in Survey No.82/B20, situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, which is more fully described in the below mentioned Schedule-E property (herein after referred to as Schedule-E property) is allotted to the share of Respondent No.1(c) exclusively for her marriage purposes. 7. Accordingly both Appellants and Respondents have hereby agreed to the below mentioned terms and conditions of the compromise petition before this Hon'ble Court. 8. That the terms and conditions of the compromise petition are as hereunder: a) The parties have severed themselves from the Joint Family of Smt.Rama Bai, with effect from this day and have therefore, ceased to be members from that date and released their interest in the schedule property with effect from the said date. b) It is agreed that the original title deeds of the schedule property should be given to the custody of the Appellant No.7, thereafter the Appellants and Respondents can mutate their names in the RTC with respect to their shares in all the revenue records. 9. Pursuant to the said compromise the parties hereto hereby admit division of the said joint family described in the schedule hereunder written in four shares as mentioned below: a) The property described in the schedule-A property shall be allotted and belongs to the share of Appellant No.1 to 5 jointly and exclusively. b) The property described in the schedule-B property shall be allotted and belongs to the share of Appellant No. 6 to 10 jointly and exclusively. c) The property described in the schedule-C property shall be allotted and belongs to the share of Appellant No.11 exclusively. b) The property described in the schedule-B property shall be allotted and belongs to the share of Appellant No. 6 to 10 jointly and exclusively. c) The property described in the schedule-C property shall be allotted and belongs to the share of Appellant No.11 exclusively. d) The property described in the schedule-D property shall be allotted and belongs to the share of Respondent No.1(a) to 1(c) jointly and exclusively. e) The property described in the schedule-E property shall be allotted and belongs to the share of Respondent No.1(c) exclusively for her marriage purposes. 10. In consideration aforesaid, each of the parties hereto grant and release all their undivided share, right, title and interest in the property allotted to the other of them as aforesaid so as to constitute each party the sole and absolute owner of the property allotted to them, freed and discharged from all rights, title, interest claims and demands of the other party hereto or concerning the same but subject to the payment of all taxes, rates, dues and duties and assessment payable to the Government or any authority or any other public body in respect thereof. 11. Each party covenants with the other that he/she has not done any act, deed, or thing whereby or by means where of he/she is prevented from conveying and releasing the property to the other in the manner aforesaid. 12. Each party also covenants with the other that each party will execute and get registered, if necessary, any deed, assurance or other document which may be required for fuller and more perfectly and effectually assuring the property allotted to the other but at the cost and expenses of the other. 13. Each party hereto further covenants with the other that the latter will hereafter hold and stand possessed of the property allotted to him/her quietly and peacefully and enjoy the rents and profits thereof without any suit, interruption, claim, or demand by the covenanting party, his/her heirs, executors, administrators and assigns or any person claiming under him. 14. That this promise shall be binding upon the heirs, legal representatives, executors and administrations of both the parties. 15. That this compromise shall be filed in the aforementioned case and a joint request shall be made to the court to decree the aforementioned suit in terms of this compromise. 14. That this promise shall be binding upon the heirs, legal representatives, executors and administrations of both the parties. 15. That this compromise shall be filed in the aforementioned case and a joint request shall be made to the court to decree the aforementioned suit in terms of this compromise. Wherefore, this Hon'ble Court may be pleased to record the compromise petition and order to draw a final decree as per the Compromise Petition in accordance of law, in the interest of justice and equity. SCHEDULE All that piece and parcel of immovable agricultural land property bearing No.82/B20, measuring 2 (two) acres 20(twenty) guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk and bounded on: East by ..... Property belongs to Rajanna West by .... Lingadahalli Gadi North by .... Property belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy) SCHEDULE-A All that part and parcel of the agricultural land bearing Sy.No.82/B20 to the extent of 0-22 guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District bounded on: East by ..... Property allotted to the share Of second party West by .... Lingadahalli Gadi (Border) & Road North by .... Land belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy) SCHEDULE-B All that part and parcel of the agricultural land bearing Sy.No.82/B20, to the extent of 0-22 guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, bounded on: East by ..... Property allotted to the share of N.Bhaskar Rao West by .... Property allotted to the share of First Party. North by .... Land belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy) SCHEDULE-C All that part and parcel of the agricultural land bearing Sy.No.82/B20, to the extent of 0-22 guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk bounded on: East by ..... Property belongs to the share of Fourth Party. West by .... Property allotted to the share of Second Party North by .... Land belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy) SCHEDULE-D All that part and parcel of the agricultural land bearing No.82/B20 to the extent of 0-25 guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District bounded on: East by ..... Property allotted to the share of Kumari. Netra Kadam West by .... Property allotted to the share of N. Bhaskar Rao North by .... Property allotted to the share of Kumari. Netra Kadam West by .... Property allotted to the share of N. Bhaskar Rao North by .... Land belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy) SCHEDULE-E All that part and parcel of the agricultural land bearing No.82/B20 to the extent of 0-09 guntas situated at Aruvanahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District bounded on: East by ..... Land belongs to Rajanna West by .... Property allotted to the share of Fourth Party North by .... Land belongs to Rajanna South by .... Property belongs to Padmanna (Krishnamurthy)" 3. Accepting and recording the compromise, I dispose of this appeal. The judgment and decree under appeal stands modified in terms of the memorandum of compromise extracted hereinabove. The office is directed to refund the entire court fee to the appellants' side.