V. Narayanaswamy, S/o. Late Venkatarayappa v. Sunitha Ashwath, W/o. Late Dr. M. B. Ashwath
2025-12-04
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
body2025
DigiLaw.ai
JUDGMENT : VIJAYKUMAR A. PATIL, J. This appeal is filed challenging the judgment and award dated 02.03.2022 passed in O.S.No.673/2014 by the VI Additional Senior Civil Judge, Benglauru Rural District, Bengaluru. 2. During the pendency of this appeal, the parties have settled the dispute amicably. 3. Learned counsel for the appellants and learned counsel for the respondents filed the memorandum of compromise petition and submit that the same is prepared based on the instructions of the parties. 4. The appellants and respondents are called out, they are present. They state that the memorandum of compromise is prepared based on their instructions and after understanding the contents of the compromise petition, they have affixed their signatures and thumb impression on their own volition. 5. The terms of the compromise petition reads as under: "Memorandum of Compromise petition filed by the appellants and respondents under Order XXIII, Rule 3 R/W Sec. 151 of C.P.C :- The appellants and the respondents above named beg leave to submit as follows ;- 1) It is humbly submitted that the respondents/Plaintiffs filed a suit in O.S.No.673/2014 on the file of the VI Additional Senior Civil Judge, Bengaluru Rural district, Bengaluru against the defendants seeking the relief of partition and separate possession of their one fourth (1/4) share over the suit schedule properties and for manse profits. The said suit is decreed on 02.03.2022 and aggrieved of the said judgment and decree, the appellants herein who were the defendants 1 to 5 have filed the present appeal. 2) It is humbly submits that one Hanumanthappa resident of Mugabala village, Hoskote Taluk, Bengaluru Rural district had two sons viz. (i) Byrappa and (ii) Venkatarayappa. The said Hanumanthappa and his two sons are not alive. The respondents 1 to 5 are the decedents of Byrappa S/o Hanumanthappa. Similarly, the appellants 1 to 4 and respondents 6 to 9 are the decedents of Venkatarayappa, S/o Hanumanthappa. All the suit schedule properties are the ancestral and joint family properties of late Hanumanthappa and item No:6 and 8 of the suit schedule properties was acquired by first appellant but in the name of his wife. 3) It is humbly submits that at the intervention of relatives and elders of both the appellants and the respondents, the parties to this first appeal agreed and decided to settle the dispute amicably by reporting the present compromise.
3) It is humbly submits that at the intervention of relatives and elders of both the appellants and the respondents, the parties to this first appeal agreed and decided to settle the dispute amicably by reporting the present compromise. The parties hereby and hereunder agreed to divide and take possession of the suit properties by a decree of compromise. The shares of the respective parties are shown specifically schedule in the compromise petition. 4) As per the settlement arrived between the parties, the ‘A’ Schedule properties are allotted to the first appellant. The plaint schedule items bearing No: 1, 2, 5, 6, 7, 8 and 10 are covered by the A schedule of the compromise petition. A portion of the item No: 10 wherein house exists is shown as item No. 8 to 11 in the A schedule. The ‘B’ Schedule properties are allotted to the respondents 1 to 9 jointly of the present appeal, The plaint schedule items bearing No: 3, 4 and 9 are covered by the B schedule of the compromise petition. In the plaint schedule and measurements sum of the items are wrongly mentioned and it is corrected in the present compromise petition. 5) That the second appellants is not claiming any share and has duly relinquished his joint rights in the suit schedule properties in favour of first appellant under registered release deed dated. 24/02/2025, bearing No.HSK-4-01027-2024-25 and received a sum of Rs. 50 Lakhs as consideration towards his share from the first appellant. 6) Similarly, all the L.Rs of third appellant and the fourth appellant have relinquished their joint rights in the suit schedule properties in favour of first appellant under registered release deed dated.10/01/2025, bearing No.HSK-4-00864/2024- 25. That all the L.Rs of third appellant has received a sum of Rs.70 Lakhs and the fourth appellant received a sum of Rs. 50 Lakhs from the first appellant as consideration in relinquishing their shares in the suit properties. Thus the appellants No: 2, 4 & L.Rs of third appellant have no more claim over the share allotted to the first appellant under A schedule of this compromise. 7) Thus, as per the above compromise, the first appellant and the respondents.
50 Lakhs from the first appellant as consideration in relinquishing their shares in the suit properties. Thus the appellants No: 2, 4 & L.Rs of third appellant have no more claim over the share allotted to the first appellant under A schedule of this compromise. 7) Thus, as per the above compromise, the first appellant and the respondents. No 1 to 9 have mutually agreed to divide the suit properties this compromise petition, That the first appellant and the respondents 1 to 9 have taken exclusive possession of the A & B schedule properties respectively under this compromise deed. The appellants 2, 4 & L.Rs of third appellant have no objections what so ever manner under the compromise as they relinquished their shares. 8) That the respondents have no objections for the first appellant to seek register the compromise decree before the sub-registrar, Hoskote, Bengaluru Rural District by the first appellant at his costs and expenses. Similarly all the appellants have no objections for the respondents 1 to 9 to seek registration of the compromise decree at their costs and expenses. 9) That the respondents have no objections for the first appellant to seek revenue mutation and conducting of survey if any with the revenue authorities at his costs and expenses over the A schedule properties. Similarly all the appellants have no objections for the respondents 1 to 9 to seek revenue mutation and conducting of survey if any with the revenue authorities over the B schedule properties. Wherefore the appellants and the respondents most respectfully prays that this Hon’ble court may be pleased to pass a compromise decree in terms of this compromise petition and pass such other and further orders as are just and necessary in the interest of justice. SCHEDULE –‘A’ ( Properties allotted to the share of first Appellant i.e. V.Narayanaswamy) The lands shown in the plaint schedule under items no 1, 2, 5, 6, 7, 8 and 10 which are as below:- Item No.1 All that piece and parcel of the agricultural land bearing Sy No: 21/1 , measuring Ac.
SCHEDULE –‘A’ ( Properties allotted to the share of first Appellant i.e. V.Narayanaswamy) The lands shown in the plaint schedule under items no 1, 2, 5, 6, 7, 8 and 10 which are as below:- Item No.1 All that piece and parcel of the agricultural land bearing Sy No: 21/1 , measuring Ac. 3-36 Guntas situated at Mugabala Hosahalli Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to Smt.Sujathamma West by : land belongs to Anantharamu & Babu Reddy North by : land belongs to Narasimhamurthy, Thamme Gowda South by : land belongs to Papi Reddy & Babu Reddy Item No.2 All that piece and parcel of the agricultural land bearing Sy No: 52/2 , measuring Ac. 3-17 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to Imran Khan West by : land belongs to Thamme Gowda & Srikantaih North by : land belongs to Thamme Gowda & Srikantaih South by : land belongs to M.Narayanappa, Ambarish Reddy & Sujatha Item No.3 All that piece and parcel of the agricultural land bearing Sy No:52/7 , measuring Ac. 00-23 ½ Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to Y.Ananda Kumar West by : land belongs to Narayanaswamy North by : land belongs to Narayanaswamy South by : National Highway Road-NH-75. Item No.4 All that piece and parcel of the agricultural land bearing Sy No:134/1A2 , measuring Ac. 00-12 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to M.B.Rajagopal West by : land belongs to Doddanarayanappa North by : land belongs to M.Narayanappa South by : National Highway Road-NH-75. Item No.5 All that piece and parcel of the agricultural land bearing Sy No:75/2 , measuring Ac. 00-12 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to M.B.Nagaraju West by : Govt Lake North by : land belongs to Thamme Gowda South by : land belongs to Bacche Gowda &Vasudeva Reddy Item No.6 All that piece and parcel of the agricultural land bearing Sy No:52/6 , measuring Ac.
01-12 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to Sujatha West by : land belongs to Papi Reddy North by : land belongs to Sujatha South by : Road NH-4. Item No.7 All that piece and parcel of the House Gramatana property Mugabala Gramathana bearing Seriel no.150300402100400288 property no.273/36, measuring east to west 13.10 Mtrs north to south 24.80 Mtrs total 324.88 Mtrs along with stone roofed house situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : property belongs to Appellant No.1 West by : property belongs to Appellant No.1 North by : T.Anjinappa & Srikantaiah’s Property. South by : Sabojan & Chota Sab’S property Item No.8 . (which is a portion of the 10 th item in the plaint schedule) All that piece and parcel of the House Gramatana property Mugabala Gramthana bearing Seriel no.150300402100400286 property no.273/36/1, measuring east to west 06.77 Mtrs north to south 19.95 Mtrs total 134.06 Mtrs of vacant site situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on : East by : property belongs to Appellant No.1 West by : Road North by : Road. South by : Sabojan & Chota Sab’S property Item No.9 .(which is a portion of the 10 th item in the plaint schedule). All that piece and parcel of the House Gramatana property bearing Seriel no.150300402100400287 property no.273/37, measuring east to west 13.10 Mtrs north to south 30.00 Mtrs total 393.00 Mtrs of vacant site situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : Canal West by : property belongs to Appellant No.1 North by : Thamme Gowda & Srikantaiah’s Property South by : Sabojan & Chota Sab’S property Item No.10 (which is a portion of the 10 th item in the plaint schedule). All that piece and parcel of the House Gramatana property bearing Serial no.150300402100400290 property no.273/38, measuring east to west 06.05 Mtrs north to south 28.34 Mtrs total 347.25 Mtrs of vacant site situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : property belongs to Appellant No.1 West by : property belongs to Appellant No.1 North by : T.Anjinappa’s Property.
South by : Sabojan & Chota Sab’S property Item No.11 ( which is a portion of the 10 th item in the plaint schedule ) All that piece and parcel of the House Gramatana property bearing Seriel no.150300402100400289 property no.273/131, measuring east to west 13.71 Mtrs north to south 28.34 Mtrs total 388.54 Mtrs of vacant site situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : property belongs to Appellant No.1 West by : property belongs to Appellant No.1 North by : Srikantaiah & T.Anjinappa’s Property. South by : Sabojan & Chota Sab’S property SCHEDULE –‘B’ ( Properties allotted towards the share of Respondents 1 to 9 jointly ). The properties as shown in the plaint schedule items bearing no 3, 4 and 9 allotted jointly to respondents 1 to 9 are as below:-. Item.No.1 All that piece and parcel of the agricultural land bearing Sy No: 56/P5 , New Sy.no.67 measuring Ac. 02-03 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : land belongs to M.Narayannappa &Raja Kaluve West by : Gundu Thopu North by : land belongs to Dinesh Kumar South by : land belongs to Narayanaswamy, Kunte & Thimmaih Item No.2 All that piece and parcel of the agricultural land bearing Sy No: 45 , measuring Ac. 04-02 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : Govindappa & Ramaih West by : land belongs to M.Narayanappa North by : land belongs to Saravanna & M.Narayanappa South by : land belongs to M.Narayanappa Item.No.3 All that piece and parcel of the agricultural land bearing Sy No:38 measuring Ac. 00-19 Guntas situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural district and bounded on East by : Govt Pond West by : land belongs to Venkatesh & Thimmaih North by : land belongs to Swetha South by : land belongs to Venkatesh & Thimmaih. 6. We have perused the compromise petition. The terms of compromise petition are in accordance with law and not opposed to public policy. Hence, we accept the compromise petition. 7. In view of the compromise petition, the appeal is disposed of in terms of the compromise petition. Registry shall draw the decree accordingly.