Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 816 (SC)

Gowramma v. Kondappa (dead) Thr. Lrs.

2019-02-22

D.Y.CHANDRACHUD, NAVIN SINHA

body2019
ORDER 1. Ia Nos.176148/2018, 176147/2018, 176146/2018 and 176144/2018 The first respondent died on 22 July 2017. Interim applications have been instituted for condoning the delay in setting aside the abatement, for setting aside the abatement, for condoning the delay in bringing on record the legal representatives of the first respondent and for bringing on record the legal representatives of the first respondent. 2. Mr. Shekhar G. Devasa, learned counsel appears on behalf of the legal heirs of the first respondent, who are proposed to be brought on the record. 3. Delay condoned. 4. Abatement is set aside. 5. Application for bringing on record legal representatives of the first respondent is allowed. Necessary amendment be carried out during the course of the day. IA NO. 176180/2018 6. A compromise has been arrived at between the appellants and the respondents to the Civil Appeal. A copy of the deed of compromise, together with the accompanying sketch, is placed on the record. 7. The compromise shall form a part of the present order and reads as follows: " Property allotted to the Appellants No.1 to 6 together namely (1) Gowramma, (2) Yashoda (3) Shailamma (4) Manjula (5) Aswathamma (6) Savitha (i) Out of the available land of 3 Acres 7 Guntas (including kharab) in Survey Number 14/1 of Devalapura Village, Anugondanahalli hobli, Hosakote taluk, Bangalore Rural District, a land measuring 1 Acre 15 Guntas (One Acre and Fifteen Guntas) which includes 2 guntas of land sold by petitioners in favour of one Dharmesh, is allotted to Appellants No.1 to 6 jointly, which is bounded on: East: Property allotted to Respondent No.2 namely Bhagyamma & L.Rs. of Respondent No.1 West: National Highway No.207 Road and property of Venkataramareddy North: Property allotted to LRs of Respondent No.1 & Devanagondi Road (155 ft length East to West) South: V.S.S.N Society and land of Narayanareddy @ Nareppa and Venkataramareddy Property allotted to the LRs of Respondent No.1, namely Respondent No.1(a) to 1(e) i.e., Bangalamma (1-a), Sharadamma (1-b), Srinivasareddy (1-c), Ashokareddy (1-d) and Usha @ Geetha (1-e) (ii) Out of the available land of 3 Acres 7 Guntas (including kharab) in Survey Number 14/1 of Devalapura Village, Anugondanahalli hobli, Hosakote taluk, Bangalore Rural District, a land measuring 1 Acre and 23.50 guntas (One Acre Twenty-Three & half Guntas) towards northern portion is allotted to LRs of Respondent No.1(i.e. R1(a) to (e)) jointly, which is bounded on the: East: Land in same Sy.No. measuring 5 guntas which is kept in abeyance West: Property allotted to Appellants No.1 to North: Devanagondi Road South: V.S.S.N. Society and property of Savithramma Property allotted to the Respondent No.2/Bhagyamma (iii) Out of the available land of 3 Acres 7 Guntas (including kharab) in Survey Number 14/1 of Devalapura Village, Anugondanahalli hobli, Hosakote taluk, Bangalore Rural District, a land measuring 8.5 Guntas (Eight & half guntas), towards Eastern portion is allotted to the Respondent No.2, which is bounded on: East: Property allotted to L.Rs. of Respondent No.1 West: Property allotted to Appellants North: Property allotted to LRs of Respondent No.1 South: Property of Savithramma" 8. Since the dispute between the parties has been settled, the Civil Appeal shall stand disposed of in terms of the compromise. Application is also disposed of. No costs.