T N Sumithra, W/O Late Rangaswamy Rangappa v. Dr. R. Sharmila, W/O Dr. N. S. Prakash
2026-01-14
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
body2026
DigiLaw.ai
JUDGMENT : VIJAYKUMAR A. PATIL, J. This appeal is filed challenging the judgment and decree dated 10.09.2020 passed by the III Additional City Civil and Sessions Judge, Bengaluru City (CCH-25) in O.S.No.7188/2016. 2. We have heard Shri. Chandrachud A, learned counsel appearing for the appellants and Shri. Raghavendra V, learned counsel appearing for the respondent. 3. The learned counsel appearing for the appellants and the learned counsel appearing for the respondent jointly submit that the matter is amicably settled between the parties and they have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. We have perused the clauses of the compromise petition, they are in accordance with law and not opposed to public policy. 4. The learned counsel appearing for the appellants and the learned counsel appearing for the respondent identified the parties present before the Court. We had a detailed interaction with the parties. The parties expressed that the terms of compromise are drawn based on their instructions and on their own volition. 5. The said statement is placed on record. 6. In view of the above statement, the compromise petition is accepted. The terms of compromise reads as under:- "1. That the Appellant No.1 herein is the wife of late R. Rangaswamy S/o. Late T. Rangappa and Appellant Nos.2 and 3 and Respondent herein are their children. 2. The Appellants herein have filed a suit in O.S.No.7188/2016 before the Hon’ble Court of the III Additional City Civil & Sessions Judge, Bengaluru (CCH-25), seeking for the relief of Partition and separate possession in respect of the suit schedule properties therein against the Respondent. 3. The Hon’ble Trial Court vide Judgment and Decree dated 10/09/2020 dismissed the said suit. Against the said judgment and decree of the Hon’ble Trial Court, the appellants herein have preferred the above appeal. 4. That during the pendency of the present appeal, the parties to the above proceedings with an intention of settling the dispute amicably, resolving the difference of opinion between themselves being blood related to each other with the relation as stated supra have now entered into a settlement and in terms of the settlement the parties to the proceedings have unequivocally admit that all the suit schedule properties are the absolute properties of late R. Rangaswamy S/o. Late T.Rangappa.
The said Late R. Rangaswamy during his lifetime was in exclusive, peaceful possession and enjoyment of the same till his death along with his family as stated supra, which continued by the parties to the above proceedings as Legal representatives of Late R. Rangaswamy after his death. 5. The settlement arrived between the parties is reduced into writing which reads as under; 6. That suit schedule “B” property is repeated and also described as item No.42 of the suit schedule “A” property. Likewise items No 32 and 33 are repeated and also described commonly as item No. 41. Likewise item No. 37 is repeated and also described as item No. 40. The said repetition description of the items is read over by the parties, duly understanding the description admit the same with regard to identity of the same and also agree that the said repeated item Number properties are one and the same. 7. That, the Appellants herein have accepted the findings of the Hon’ble Trial Court on Issue No.2 of the Judgment dated 10/09/2020 with regard to a Will dated 29/05/2010, wherein it is held that the Respondent herein has proved the valid execution of the Will dated 29/05/2010 by Late R.Rangaswamy S/o Late T. Rangappa in respect of the suit schedule “B” property. Thus the Appellants and the Respondent unequivocally admit that the suit schedule “B” property shall exclusively belong to the respondent herein i.e., Dr. R. Sharmila. 8. Further, in the said Will with respect to suit schedule “B” property the said Sri. R. Rangaswamy has bequeathed to his wife the Appellant No.1 herein i.e., Smt. T.N. Sumithra, the right of residential accommodation in the ground floor premises till her death with certain conditions therein. The Appellant No.1 with the complete knowledge of the parties to the proceedings has continued the occupation as held earlier during the lifetime of deceased R. Rangaswamy the entire suit schedule “B” property even to this day. However, in view of the settlement arrived between the parties, the Appellant No.1 has voluntarily agreed to vacate and deliver the vacant possession of the same to the Respondent herein on or before 31/01/2027. The Appellant No.1 shall vacate the suit schedule “B” property on or before the agreed date without driving the Respondent to seek execution of the same. 9.
The Appellant No.1 shall vacate the suit schedule “B” property on or before the agreed date without driving the Respondent to seek execution of the same. 9. The Appellants and Respondent have further agreed that except suit schedule “B” property the Appellants and Respondent herein are entitled and are having equal joint 1/4 th share in the remaining suit schedule “A” properties except the properties as described supra with regard to repetition. 10. The parties to the proceedings have agreed that Item Nos.32 and 33 of the suit schedule “A” property in the manner as stated and described at Sl No.6 herein above is allotted to the share of Appellant No.2 i.e., Smt.Sowmini.R. 11. The parties to the proceedings have agreed that Item No.37 of the suit schedule “A” property in the manner as stated and described at Sl No.6 herein above is allotted to the share of Appellant No.3 i.e. Smt. Shilpa Rangaswamy. 12. The parties to the proceedings have agreed that Item No.38 of the suit schedule “A” property is be allotted to the share of Appellant No.3 i.e. Smt. Shilpa Rangaswamy. In view of the said allotment, the respondent shall be equated monetarily with 1/4 th share in the said property on prevailing market value at the time of drawing of the final decree. 13. The party to the proceedings have agreed that, item Nos.46 to 48 as described at suit schedule “A” property which are the fixed deposits at The Bharath Co-operative Bank does not survive as the same have already been closed and withdrawn by the Respondent herein. 14. The party to the proceedings have agreed that, the amount in balance at the item Nos.44 and 45 as described in suit schedule “A” property which are the savings bank account at Canara Bank, Jayanagar Shopping Complex Branch and Bidadi Branch respectively shall be jointly received, withdrawn and shared equally at the ratio of 1/4 th share between the parties. The said exercise shall be immediately endured by the parties without further delay as the same are remained un- operated for a long period of time, without leading to further complications. 15.
The said exercise shall be immediately endured by the parties without further delay as the same are remained un- operated for a long period of time, without leading to further complications. 15. The party to the proceedings have agreed that, the account at the item No.43 as described in suit schedule “A” property which is the savings bank accounts at Indian Bank, Banashankari 2 nd stage Branch shall be solely held with the Appellant No.1, who shall maintain the operation of the same as per her own desire, which is operated by her till date. 16. That in lieu of said amicable settlement and allotment of shares in favour of Appellant Nos.2 and 3 as stated supra, the Appellants herein have agreed to compensate the Respondent herein by allotting additional share to her entitlement in remaining properties in suit schedule “A” property, which is in equal proportionate to the value of share of 1/4 th share allotted to the Appellant Nos.2 and 3 as stated supra as per the prevailing and existing market value of the 1/4 th share as on date released and relinquished by the Respondent herein in favour of the allotment to Appellant Nos.2 and 3 to the properties as stated supra. 17. That the parties to the proceedings herein have agreed to workout allotment of their respective 1/4 th shares by metes and bounds along with the additional 1/4 th share of the Respondent as stated supra at Sl No.16, in the Final Decree Proceedings to be initiated in terms of the preliminary Decree passed by this Hon’ble Court by modifying the Judgment and Decree dated 20/09/2020 by virtue of this joint Compromise petition. 18. The parties to the proceedings by virtue of the said settlement arrived between the parties, shall not sublet or induct any third parties or create lien or charge over the suit schedule properties till completion of the Final Decree Proceedings, except to the properties allotted respectively in favour of the individuals as stated above. 19.
18. The parties to the proceedings by virtue of the said settlement arrived between the parties, shall not sublet or induct any third parties or create lien or charge over the suit schedule properties till completion of the Final Decree Proceedings, except to the properties allotted respectively in favour of the individuals as stated above. 19. That the parties to the proceedings have unequivocally agreed that the parties shall foregoing the difference of opinion between the parties shall join hands for initiating the drawing up of the final decree before the competent and Jurisdictional court in terms of the present settlement immediately subsequent to order of this Hon’ble Court, without wasting unnecessary time and delay in the said proceedings with each other support as one and only and the cost of the said proceedings shall be independently and respectively borne by the respective parties. 20. That the parties to the proceedings have unequivocally agreed that, due to the till date difference of opinion between the parties to the proceedings i.e. the legal heirs of Late R Rangaswamy, third parties even though having no right, title, interest or possession over the suit schedule properties herein have initiated and instituted frivolous suits pending before different Hon’ble Courts at Ramanagara, for which the parties now have agreed will join hands together for defending the same and getting the said suits dismissed for freely enjoying the properties without any litigation. 21. That the parties to the proceedings have unequivocally agreed that by virtue of the arrived settlement the respective party allotted with respective/independent share as stated supra shall enjoy the same herein ever after as their self and individual property without the other parties to the proceedings interfering with their respective allotted share. 22. The parties have entered into this compromise petition out of their own free will and volition without any force, compulsion, coercion or undue influence whatsoever. 23. The parties to the proceedings herein agree and pray before this Hon’ble Court to direct the Registry to draw Decree in terms of this Compromise Petition and also pray that the parties shall bear their own cost. 7. Further, the learned counsel appearing for both the parties submit that they would take immediate steps to initiate the final decree proceedings and a direction may be issued to the trial Court to dispose of the final decree proceedings as early as possible. 8.
7. Further, the learned counsel appearing for both the parties submit that they would take immediate steps to initiate the final decree proceedings and a direction may be issued to the trial Court to dispose of the final decree proceedings as early as possible. 8. The said submission is placed on record. 9. In terms of the compromise petition:- (i) The appeal stands disposed of (ii) The appellants shall initiate the final decree proceedings and intimate the same to the respondent or her counsel representing in the appeal, so that, they would appear in the said proceedings. (iii) The trial Court shall take steps to dispose of the final decree proceedings as early as possible without any delay. There is no order as to costs. The Registry shall draw the decree, accordingly.