N. T. Appajiaiah v. Land Tribunal, Nelamangala Taluk
2015-04-29
ASHOK B.HINCHIGERI
body2015
DigiLaw.ai
ORDER : Ashok B. Hinchigeri, J. 1. The parties have settled their dispute under the aegis of the Bangalore Mediation Centre. The settlement filed under Section 89 of Civil Procedure Code, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 reads as follows: "The above writ petition is filed by the petitioners against the respondents challenging the order of the Land Tribunal-1st respondent dated 16-7-2002 rejecting the claim of occupancy rights of the petitioner in respect of Sy. No. 115/1 measuring to an extent of 22 guntas situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District. (I) The aforesaid petition is referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. The legal representatives of the respondent 2 admit and concede that the legal representatives of petitioners are in possession and enjoyment of 10.5 guntas of land out of 22 guntas in Old Sy. No. 115/1, New Sy. No. 115/7 situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District and the land in possession and enjoyment of the legal representatives of the petitioners is marked with letters ABCDG in the annexed sketch to this settlement/agreement. Hence, the legal representatives of the respondent 2 in the above writ petition hereby agree for confirmation of occupancy rights in favour of the petitioners in respect of 10.5 guntas of land in Old Sy. No. 115/1, New Sy. No. 115/7, situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District marked as ABCDG in the annexed sketch. 2. The legal representative of the petitioners hereby admit and concede that it is the legal representatives of the respondent 2, who are in possession and enjoyment of remaining land of 10.5 guntas in Old Sy. No. 115/1, New Sy. No. 115/7 situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District which is shown with the letters DEFG in the annexed sketch. In view of the same, the L.Rs. of the petitioners further concede that it is the L.Rs. of the respondent 2 alone, who are owners in possession and enjoyment of the aforesaid land marked with letters DEFG in the annexed sketch. The L.Rs. of the petitioners have no claims whatsoever in respect of the aforesaid land. 3.
In view of the same, the L.Rs. of the petitioners further concede that it is the L.Rs. of the respondent 2 alone, who are owners in possession and enjoyment of the aforesaid land marked with letters DEFG in the annexed sketch. The L.Rs. of the petitioners have no claims whatsoever in respect of the aforesaid land. 3. The parties state that one late N.T. Appajappa filed Form 7 before the respondent 1 for grant of occupancy rights in respect of Sy. Nos. 113, 114 and Old Sy. No. 115/1, New Sy. No. 115/7 measuring 24 guntas, 2 acres, 22 guntas and 22 guntas respectively, situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District. The Land Tribunal by its 2nd order dated 4-8-1987 rejected the claim of late N.T. Appajiaiah in respect of Sy. Nos. 113 and 114 situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District. As against the said order of rejection, the late N.T. Appajiaiah or L.Rs. of petitioners have not filed any writ petition or not challenged anywhere or before any authority. The same has become final. Hence, the L.Rs. of the petitioners admit and concede that it is L.Rs. of the respondent 2, who are the owner in possession and enjoyment of Sy. Nos. 113 and 114 measuring 14 guntas and 2 acres 22 guntas respectively and that the L.Rs. of petitioners have no right whatsoever in respect of the above lands. 4. The parties submit that the respondent 1 is the State being the Land Tribunal. The respondent 1 has not appeared before the Bangalore Mediation Centre, Bangalore. Since, the dispute in respect of the land in question is between the L.Rs. of the petitioners and the L.Rs of the respondent 2, the respondent 1 is not required for the settlement of the petitioners and the respondent 1 is not required for the settlement of the petitioners and the respondent 2. Hence, the settlement/agreement entered into between the L.Rs of the petitioners and L.Rs of the respondent 2 is recorded. (II) In view of the aforesaid settlement/agreement entered into between the parties, the parties pray Hon'ble Court be pleased to pass appropriate orders in terms of the aforesaid settlement/agreement or direct the respondent 1 to pass appropriate orders in favour of the petitioners in respect of 10.5 guntas of land in Old Sy. No. 115/1, New Sy.
(II) In view of the aforesaid settlement/agreement entered into between the parties, the parties pray Hon'ble Court be pleased to pass appropriate orders in terms of the aforesaid settlement/agreement or direct the respondent 1 to pass appropriate orders in favour of the petitioners in respect of 10.5 guntas of land in Old Sy. No. 115/1, New Sy. No. 115/7 situated at Nidavanda Village, Somapura Hobli, Nelamangala Taluk, Bangalore Rural District marked as ABCDG in the annexed sketch. (III) Parties will appear before the Hon'ble Court for passing appropriate orders in terms of the settlement/agreement". This petition is disposed of in terms of the memorandum of settlement extracted hereinabove. No order as to costs.