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2025 DIGILAW 1302 (KAR)

G R Subhash K Reddy, S/O Late G Rajashekhara Reddy v. G R Anita Ravindra Since Dead By Her Lrs.

2025-11-20

S.VISHWAJITH SHETTY

body2025
ORDER : S. Vishwajith Shetty, J. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the defendant with a prayer to set aside the order dated 09.04.2021 passed on I.A.No.VI in O.S.No.1/2017 by the Court of Principal District and Session Court, Chitradurga. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner and learned counsel for the legal representative of sole respondent jointly submit that dispute between the parties has been settled before the Mediation Centre, Bengaluru and memorandum of settlement has been executed between the parties on 05.11.2025. Therefore, this writ petition may be disposed of in terms of the memorandum of settlement that is executed between the parties before the Mediation Centre at Bengaluru. 4. The said submission and memorandum of settlement dated 05.11.2025 executed by the parties before the Mediation Centre is taken on record. 5. Parties to this writ petition who are present before this Court in person are identified by their learned advocates. Parties have stated that settlement between the parties is voluntarily without their undue influence or coercion. In the memorandum of settlement dated 05.11.2025 executed by the parties before the Mediation Centre, Bengaluru which is signed by the parties and by their respective advocates, in paragraph Nos.(V) to (VII) it is stated as follows: V. In lieu of the settlement between both the Petitioner and the LR's of the deceased Respondent state that, after due deliberations and with the intervention of the well wishers and elders in the family, and in order to avoid any future disputes, the parties have amicably resolved their differences with respect schedule properties as mentioned in this mediation settlement agreement. VI. That, Smt. Kamala Reddy @ Kamala C left behind her the agricultural land comprised in Sy.No.404/P, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, phoded as follows, (after the acquisition of Land by NHAI and Railways) i.e., (1) Sy.No.404/3, measuring 1 acre 33.16 guntas (2) Sy.No.404/4, measuring 3 acre 23.40 guntas, (3) Sy.No.404/5, measuring 2 acre 16.36 guntas which are the subject matter of O.S.No.1/2017, are divided in following manner among the petitioner and LR'S of the Respondent. VII. That the Schedule Property in O.S.No.1/2017 the schedule property is morefully detailed in Annexed plan I and II, the Plan-1 describes and depicts the actual measurement and the details of each Survey Number, i.e., 404/3, 404/4, 404/5. VII. That the Schedule Property in O.S.No.1/2017 the schedule property is morefully detailed in Annexed plan I and II, the Plan-1 describes and depicts the actual measurement and the details of each Survey Number, i.e., 404/3, 404/4, 404/5. The Plan No-II gives a detail of the immovable property and the common area, which are allotted to the parties of the compromise petition, and the following are the details of all the schedule properties: a) Details of the Item No.1: All that piece and parcel of the portion of agricultural land comprised in Sy.No.404/3, Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 01 Acre-8.32Guntas and in Sy.No.404/4 measuring 00Acre-36.24Guntas and bounded on: Direction Description East Portion of land in Sy.No.404/4 and Item No.2 allotted to the share of Lrs of the Respondent West Road North Portion of land in Sy.No.404/4 and Item No.2 allotted to the share of Lrs of the Respondent South Road b) Details of the Item No.2: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/3, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-24.88Guntas, and in Sy.No.404/4, measuring 02Acres-21.92Guntas and bounded on: Direction Details East Railway Road West Road and portion of land in Sy.No.404/4 and Item No.1, allotted to the share of Petitioner. North Portion of land in Sy.No.403/2 belongs to Vijayamma, D/o. Late. G. K. Jayaprakash Narayana Reddy and Raghav Reddy G.J., bin Late G.K. Jayaprakash Narayana Reddy and Sy.No.403/3 belongs to Hanumanth Reddy bin Late Lokesh Reddy and Special Land Railway Acquisition Office. South Road and portion of land in Sy.No.404/3 & Sy.No.404/4 and Item No.1 allotted to the share of Petitioner. c) Details of the Item No.3: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/4, of Doddasiddavanahalli, Kasabal Hobli, Chitradurga Taluk, measuring 00Acre-1.36Guntas and in Sy.No.404/5, measuring 00Acre-24.48Guntas and bounded on: Land Boundaries Direction Description East Common Area 1 West Railway Road North Land comprised of Item No.4 allotted to share of Lrs of the Respondent South Portion of land in Sy. No.404/4 & Sy.No.404/5 and Item No.5 allotted to the share of Lrs of the Respondent and Portion of land in Sy.No.404/5 and Item No.6 allotted to the share of Petitioner. No.404/4 & Sy.No.404/5 and Item No.5 allotted to the share of Lrs of the Respondent and Portion of land in Sy.No.404/5 and Item No.6 allotted to the share of Petitioner. d) Details of the Item No.4: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/5, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 01Acre-1.08Guntas and bounded on: Direction Description East Common Area-2 West Railway Road North Portion of land in Sy.No.403/5 belongs to G.K.Manjunatha Reddy and Special Land Railway Acquisition Office. South Common Area-1 and portion of land in Sy.No.404/5 and Item No.3 allotted to the share of Petitioner. e) Details of the Item No.5: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/4, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-3.92Guntas and in Sy.No.404/5, measuring 00Acre-2.48Guntas and bounded on: Direction Description East Portion of land in Sy.No.404/5 and Item No.3, allotted to the share of Petitioner West Railway Road North Portion of land in Sy.No.404/5 and Item No.6 allotted to the share of Petitioner South Road f) Details of the Item No.6: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/5, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-5.84Guntas, and bounded on: Direction Description East Common Area 1 West Portion of land in Sy.No.404/5 and Item No.5 allotted to the share of LRs of the Respondent. North Portion of land in Sy.No.404/5 and Item No.3 allotted to the share of Petitioner. South Road g) Common Area-1: Shown in English letter ABCDEFA, coloured Gray ink, measuring 00Acres- 15.58 Guntas being access/road provided which is common to a both parties, and bounded on: Direction Description East Sy.No.404/2, property belongs to Indramma, Govinda Reddy West Item No.6, Item No.3 and Item No.4 (Sy.No.404/5) North Item No.4, (Sy.No.404/5) South Road h) Common Area-2: Shown in English letter WXYZW, coloured in Green ink, measuring 00Acres-6.88Guntas being the sacred memorial of elders (Samadhi) which is common to both parties, and common area-1 is the access to Common Area-2 and bounded on: Direction Description East Private Property West Item No.4 in Sy. No.404/5 North Private Property in Sy. No.403/5 South Private Property (Sy.No.404/2) 1. No.404/5 North Private Property in Sy. No.403/5 South Private Property (Sy.No.404/2) 1. Both the Petitioner and the LR's of the Respondent submit that they are not pressing the WILL dated 17.01.2015 executed by Late Smt.Kamala Reddy and they shall partition all the immovable and moveable assets by executing and registering a partition deed as mentioned below: i. Item No.1,3 & 6 shall go to the share of the Petitioner: a) Details of the Item No.1: All that piece and parcel of the portion of agricultural land comprised in Sy.No.404/3, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 01Acre-8.32Guntas and in Sy.No.404/4 measuring 00Acre-36.24 Guntas and bounded on: Direction Description East Portion of land in Sy.No.404/4 and Item No.2 allotted to the share of Lrs of the Respondent West Road North Portion of land in Sy.No.404/4 and Item No.2 allotted to the share of Lrs of the Respondent South Road b) Details of the Item No.3: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/4, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-1.36Guntas and in Sy.No.404/5, measuring 00Acre-24.48Guntas and bounded on: Direction Description East Common Area 1 West Railway Road North Land comprised of Item No.4 allotted to share of Lrs of the Respondent South Portion of land in Sy.No.404/4 & Sy.No.404/5 Item No.5 allotted to the share of Lrs of the Respondent and Portion of land in Sy.No.404/5 and Item No.6 allotted to the share of Petitioner c) Details of the Item No.6: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/5, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-5.84Guntas, and bounded on: Direction Description East Common Area 1 West Portion of land in Sy.No.404/5 and Item No.5 allotted to the share of Lrs of the Respondent North Portion of land in Sy.No.404/5 and Item No.3 allotted to the share of Petitioner South Road 2. The LRs of Respondents undertake to release all their claims, share, right, title and interest in respect of Item No.1, 3 & 6 of Schedule Properties in favour of the Petitioner by executing a partition deed. The LRs of Respondent hereby and hereunder declare and confirm that they will not claim any right, title or interest in future whatsoever in, to, upon or otherwise relating to the same or any portion thereof or otherwise concerning the same, with respect to Item Nos.1,3 & 6 of Schedule Properties. ii. The LRs of Respondent hereby and hereunder declare and confirm that they will not claim any right, title or interest in future whatsoever in, to, upon or otherwise relating to the same or any portion thereof or otherwise concerning the same, with respect to Item Nos.1,3 & 6 of Schedule Properties. ii. Item No.2, 4 & 5 shall go to the share of the LRs of the Respondent: a) Details of the Item No.2: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/3, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 00Acre-24.88Guntas, and in Sy. No.404/4, measuring 02Acres-21.92Guntas and bounded on: Direction Description East Railway Road West Road and portion of land in Sy.No.404/4 and Item No.1, allotted to the share of Petitioner. North Portion of land in Sy.No.403/2 belongs to Vijayamma, D/o. Late G.K.Jayaprakash Narayana Reddy and Raghav Reddy G.J., bin Late G.K.Jayaprakash Narayana Reddy and Sy.No.403/3 belongs to Hanumanth Reddy bin Late Lokesh Reddy and Special Land Railway Acquisition Office. South Road and portion of land in Sy.No.404/3 & Sy.No.404/4 and Item No.1 allotted to the share of Petitioner b) Details of the Item No.4: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/5, of Doddasiddavanahalli, Kasaba Hobli, Chitradurga Taluk, measuring 01Acre-1.08Guntas and bounded on: Direction Description East Common Area-2 West Railway Road North Portion of land in Sy.No.403/5 belongs to G.K. Manjunatha Reddy and Special Land Railway Acquisition Office. South Common Area-1 and portion of land in Sy.No.404/5 and Item No.3 allotted to the share of Petitioner c) Details of the Item No.5: All that piece and parcel of portion of agricultural land comprised in Sy.No.404/4 , of Doddasiddavanahalli, Kasaba Hobli, Chitradurg Taluk, measuring 00Acre-3.92Guntas and in Sy.No.404/5, measuring 00Acre-2.48Guntas and bounded on: Direction Description East Portion of land in Sy.No.404/5 and Item No.6 allotted to the share of Petitioner West Railway Road North Portion of land in Sy.No.404/5 and Item No. allotted to the share of Petitioner South Road 3. The Petitioner undertakes to release and discharge all his claims, share, right, title and interest in respect of Item No.2, 4 & 5 of Schedule Properties in favour of the LRs of Respondent by executing and registering a partition deed. The Petitioner undertakes to release and discharge all his claims, share, right, title and interest in respect of Item No.2, 4 & 5 of Schedule Properties in favour of the LRs of Respondent by executing and registering a partition deed. Further, the Petitioner undertakes not to claim any right, title or interest in or any portion thereof or otherwise concerning the same, with respect to Item Nos.2, 4 & 5 of Schedule Properties in favour of the LR's of Respondent. 4. Apart from the aforesaid distribution of immovable properties, the Petitioner and the LR's of the Respondent have also agreed to divide and distribute all the money kept by the statutory authorities in the name of deceased Kamala.C in the following manner: a) The Petitioner shall receive 40% of the amount deposited in the State Bank of India, V.P.Extension Branch, Chitradurga by the National Highway Authority along with accrued Interest, vide FD Account No.38322490340, a sum of Rs.41,39,332/- (Rupees Forty One Lakhs Thirty Nine Thousand Three Hundred Thirty Two only) deposited on 13-03-2019. Similarly, out of the aforesaid amount, the LRs of the respondent shall receive 60% of the amount deposited in State Bank of India. The interest amount accrued from 13-03-2019 till today shall also be distributed between the petitioner and the LRs of the respondent in ratio of 40:60. b) That land in Sy. No.404/4, measuring 01Acre- 38Guntas and another land in Sy.No.404/5, measuring 00Acre-11Guntas was acquired by the Indian Railways for the new railway lane called Tumkuru-Chitradurga-Davanagere who issued an award notice dated 13-05-2025, vide reference No.LAQ/(C.T.A)/CR/18/2022-23, and deposited a sum of Rs.1,39,07,317/- and another amount of Rs.16,69,140/-. Out of the said compensation amount, it is mutually agreed that the Petitioner shall receive 40% of compensation paid by the Railway Authorities on behalf of deceased Smt.Kamala Reddy @ Kamala.C and the LRs of the respondent shall receive 60% of compensation amount and both the parties are entitled to interest and other amount as awarded in the aforesaid ratio of 40:60. 5. That the Petitioner and the LRs of the Respondent have mutually agreed to approach the aforesaid Railway and National Highway Authorities Jointly and collectively to make an application to distribute and pay the compensation amount in the ration of 40:60 without any delay and misunderstanding. 6. 5. That the Petitioner and the LRs of the Respondent have mutually agreed to approach the aforesaid Railway and National Highway Authorities Jointly and collectively to make an application to distribute and pay the compensation amount in the ration of 40:60 without any delay and misunderstanding. 6. That the Petitioner and the LRs of the Respondent undertake to comply and adhere to all the terms and conditions of the statutory authorities while releasing the compensation amount in their favour. 7. That the original documents pertaining to all the immovable properties will be held by LRs of the Respondent and the Petitioner as the joint custodian of the original documents. Both of them undertake not misuse or destroy any document whatsoever and also undertake to produce all or any of them for inspection or as evidence on behalf of each party whenever required and at their request to produce to the aforesaid all the originals to all trials, examination or commission or otherwise as may be required by them and unless prevented by fire or any other inevitable accident keep them safe, un-obliterated and un-cancelled, they shall make available the original document/s when sought for by the each of them. That each of them assure that all the original documents as detailed above, shall not be misused and also undertakes and ensure that the safety and security of the said original documents, without creating any third parties title, interest and any further or future claim, lien or encumbrance, mortgage. 8. That the Common Area as shown in the Plan No.1 & 2 are belonging to both the Petitioner and the LR's of the Respondent to the above case, and also cannot claim any exclusive right, title, claim and share in respect of Common Area being 1 & 2. 9. That the Plan No.1 & 2 as stated above shall be the part and parcel of this mediation settlement agreement which has been prepared in two sets and signed by both the Petitioner and the LR's of the Respondent and both of them are shall retain a copy of Plan No.1 & 2. 10. The Petitioner and the LR's of the Respondent shall have exclusive right, title, interest and possession over the properties allotted to them. 10. The Petitioner and the LR's of the Respondent shall have exclusive right, title, interest and possession over the properties allotted to them. Both the parties undertake to co-operate in execution of the Partition Deed and any necessary documents or steps if required, to give full effect to this settlement. 11. The Petitioner and the LRs of the Respondent shall have exclusive possession of their share of properties allotted under this mediation settlement agreement and after the execution of the Partition Deed shall take necessary steps to transfer the revenue entries in their respective names. Both the Petitioner and the LR's of the Respondent shall mutually co-operate with the concerned revenue authorities viz., Thasildhar, Chitradurga for transfer of revenue entries/mutation entries, followed by revenue 11 E sketch with respect to their share of above mentioned properties. 12. Both the Petitioner and the LR's of Respondent hereby and herein withdraw all allegations made against each other during the course of proceedings in O.S.No.1/2017, on the file of Principle District & Session Judge, Chitradurga and further undertake to execute and register the Partition Deed within Sixty (60) days from the date of disposal of the said Writ Petition by the Hon'ble High Court. 6. In paragraph VIII of the memorandum of settlement it is prayed that this writ petition may be disposed of in terms of the settlement agreement executed by the parties before the Mediation Centre at Bengaluru. Under the circumstances, the following: ORDER (i) The writ Petition is disposed of in terms of the memorandum of settlement executed between the parties before the Mediation Centre, Bengaluru. (ii) It is needless to state that the Trial Court shall also dispose of O.S.No.1/2017 in terms of the memorandum of settlement executed by the parties before the Mediation Centre, Bengaluru on 05.11.2025. Pending I.A's, if any, do not survive for consideration and the same are accordingly, disposed of.