Shivabai Baburao Kupati v. Mallikarjun Shivashankar Chikodi
2022-12-01
R.NATARAJ
body2022
DigiLaw.ai
JUDGMENT 1. These appeals arise out of two suits filed in O.S.No.161/1995 and O.S.No.70/1996 for declaration that the sale deed dtd. 23/4/1994 and 26/3/1993 executed by the deceased plaintiff in favour of the defendant as null and void and not binding on her and also for consequential relief of injunction. Amongst the two suits, the Trial Court dismissed O.S.No.70/1996 and decreed O.S.No.161/1995 and declared that the sale deed dtd. 23/4/1994 executed by the deceased plaintiff in favour of the defendant as null and void. Being aggrieved by the judgment and decree passed in O.S.No.70/1996, RFA No.1625/2005 is filed while being aggrieved by the judgment and decree in O.S.No.161/1995, RFA No.4135/2005 is filed. 2. When the appeal was listed for final hearing, at the instance of the court as well as at the instance of the learned counsel for the appellant and respondent, the appellants/legal representatives of the plaintiff have agreed to settle the dispute amicably by receiving a sum of Rs.25,00,000.00 towards full and final settlement of their claim in respect of the subject matter of aforesaid suits. The parties, thereafter, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The relevant terms of which are as under: "4. The appellant and respondent have settled the dispute amicably with the intervention of elders and well wishers on the following terms: a) The Shrishail S/o. Basavanneppa Kupati (i.e., Appellant in RFA No.1625/2005 and his children (attesting witnesses) admit the execution of sale deeds dtd. 26/3/1993 and 24/3/1994 by the Smt. Shivubai Baburao Kupati in favour of the Mallikarjun Shivashankar Chikodi in respect of suit schedule properties in OS No.70/1996 and OS No.161/1995, are true and correct and same are binding on them as the sale deeds are for valuable consideration and given effect to. The Shrishail S/o. Basavanneppa Kupati (i.e., Appellant in RFA No.1625/2005) and his children (attesting witnesses) further admits and states that, Mallikarjun Shivashankar Chikodi is the absolute owner of the suit schedule properties in OS No.70/1996 and OS No.161/1995 by virtue of the sale deeds referred above. b) The Shrishail S/o. Basavanneppa Kupati (i.e., Appellant in RFA No.1625/2005 and his children (attesting witnesses), have agreed and states that they have no right, title or interest of whatsoever nature over the suit schedule properties in OS No.70/1996 and OS No.161/1995.
b) The Shrishail S/o. Basavanneppa Kupati (i.e., Appellant in RFA No.1625/2005 and his children (attesting witnesses), have agreed and states that they have no right, title or interest of whatsoever nature over the suit schedule properties in OS No.70/1996 and OS No.161/1995. c) The Mallikarjun Shivashankar Chikodi i.e., Appellant in RFA No.4130/2005 has agreed to give Rs.25,00,000.00 towards litigation and miscellaneous expenses by way of Demand Draft bearing No.141854 dtd. 30/11/2022, drawn on State Bank of India, Jayanagar Branch, Hindalaga, Belagavi drawn in the name of Shrishail Basavannappa Kupati. The Shrishail Basavannappa Kupati i.e., Appellant in RFA No.1625/2005 admits the receipt of the same, for this the attesting witnesses i.e., children of Shrishail Basavannappa Kupati have no objection as they admit they have no subsisting right over the suit schedule properties in view of the terms of the compromise. d) The Shrishail Basavannappa Kupati i.e., Appellant in RFA No.1625/2005 shall vacate and handover the vacant possession of western block shown as EFGH in the Hand Sketch Map in respect of suit schedule property in OS No.70/1996 within a period of 60 days from today, failing which the Mallikarjun Shivashankar Chikodi i.e., Appellant in RFA No.4130/2005 is at liberty to execute the terms of this compromise decree to seek vacant possession of the western block shown as EFGH in the Hand Sketch Map in respect Suit Schedule Property in OS No.70/1996. It is further submitted that, the Middle Block shown as FHIJ in the Hand Sketch Map in respect Suit Schedule Property in OS No.70/1996 is already in possession of Mallikarjun Shivashankar Chikodi. e) The Shrishail Basavannappa Kupati or the occupants of the suit schedule property on behalf of Shrishail Basavannappa Kupati shall vacate and handover the possession on or before 1/2/2023, failing which the Shrishail Basavannappa Kupati shall pay the damages of Rs.1,000.00 per day after 1/2/2023 till handing over of the vacant possession above referred property to the Mallikarjun Shivashankar Chikodi. f) The Shrishail Basavannappa Kupati states that, there are no other legal representatives of the deceased Shivubai except himself. In the event, any third person agitates the right over the suit schedule properties as legal representatives of deceased Shivubai, the Shrishail Basavannappa Kupati indemnify to take care of the same. 5.
f) The Shrishail Basavannappa Kupati states that, there are no other legal representatives of the deceased Shivubai except himself. In the event, any third person agitates the right over the suit schedule properties as legal representatives of deceased Shivubai, the Shrishail Basavannappa Kupati indemnify to take care of the same. 5. The Shrishail Basavannappa Kupati and his legal heirs have no objections to effect the name of the Mallikarjun Shivashankar Chikodi or the persons claiming under him, in the revenue records, KEB records, Municipal Records and other concerned authorities. 6. The Shrishail Basavannappa Kupati states that, the suit schedule properties in OS No.161/1995 is free from all encumbrances and also submit that, he has not availed any kind of loan or financial assistance over the suit schedule property. The Shrishail Basavannappa Kupati further states that, no encumbrances of whatsoever nature are created by him in respect of suit schedule property in OS No.70/1996. In the event any such transaction is found, Shrishail Basavannappa Kupati shall clear off the same. 7. All the parties to this compromise admit that this compromise is binding on all the parties to this compromise. 8. This compromise between the parties is in accordance with law and parties have entered into compromise with their free will and wish and not under coercion, misrepresentation or undue influence and they have read over the terms of the compromise and the same have been explained to them in the language known to them. Wherefore, it is most humbly prayed that this Hon'ble Court be pleased to modify the judgment and decree dtd. 14/9/2018 passed in OS No.70/1996 and OS No.161/1995 on the file of I-Additional Civil Judge (Sr.Dn), Belgaum may kindly be modified in terms of this compromise petition, in the interest of justice and equity." 3. The appellant No.1(a), his elder daughter Smt.Daneshwari W/o.Mahantesh, younger daughter Veena and son Basavaprabhu are present. All of them have acknowledged and admitted the settlement entered into. Appellant No.1(a) and his children are identified by the learned counsel for the appellant. In continuation of the settlement, the plaintiff has received a sum of Rs.25,00,000.00 by way of a Demand Draft bearing No.141854 drawn from State Bank of India, Jayanagar Branch, Hindalaga, Belagavi dtd. 30/11/2022. The said Demand Draft is handed over to the appellant No.1(a).
Appellant No.1(a) and his children are identified by the learned counsel for the appellant. In continuation of the settlement, the plaintiff has received a sum of Rs.25,00,000.00 by way of a Demand Draft bearing No.141854 drawn from State Bank of India, Jayanagar Branch, Hindalaga, Belagavi dtd. 30/11/2022. The said Demand Draft is handed over to the appellant No.1(a). The parties have affixed their signatures on the order sheet in token of their acceptance of the terms of the settlement. 4. Since the compromise is just and proper and does not contravene any provision of law, the same is accepted. Hence, the impugned judgment and decree passed in O.S.No.70/1996 is confirmed and judgment and decree passed in O.S.No.161/1995 is set aside. Accordingly, these appeals are disposed off in terms of this compromise. The office is directed to draw a decree in terms of this compromise. 5. In view of disposal of the appeals, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.