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2022 Supreme(Online)(Kar) 34308
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
REGULAR FIRST APPEAL NO.1268/2020
BETWEEN:
SRI D G JAGACHANDRA
S/O LATE D S GOPALA KRISHNA SETTY,
AGED ABOUT 51 YEARS,
R/AT #188, SEPPINGS ROAD,
SHIVAJINAGAR,
BANGALORE 3 560001.
... APPELLANT
(BY SRI RAGHUNATH M.D, ADV.)
AND:
1.
SRI D G JAGANNATHA SETTY
S/O LATE D S GOPALAKRISHNA SETTY,
AGED ABOUT 61 YEARS,
R/AT 864/B, 14TH CROSS,
NEAR SUNDAR MAHAL CHOWLTRY,
2ND PHASE, GIRINAGARA,
BENGALURU 560085
2.
SRI D G NARAYANA MURTHY
S/O LATE D S GOPALAKRISHNA SETTY,
AGED ABOUT 72 YEARS,
R/AT #48, JISHNU NIVAS,
BEHIND KNSS SCHOOOL,
NEAR LVS, APARTMENTS,
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T C PALYA MAIN ROAD,
ANANDAPURA, K R PURAM,
BENGALURU 560036
3.
SRI D G RAJENDRA
S/O LATE D S GOPALAKRISHNA SETTY,
AGED ABOUT 68 YEARS,
R/AT 11, 8E9 STREET,
MUTHYALAMMA TEMPLE STREET,
SEPPINGS ROAD CROSS,
SHIVAJINAGAR,
BENGALURU 560 001.
4.
SRI D G PATTABHI
S/O LATE D S GOPALAKRISHNA SETTY,
AGED ABOUT 62 YEARS,
R/AT #21, LAXMI RESIDENCY,
SHIVAN CHETTY GARDEN,
BENGALURU 560042
5.
SMT T N NAGAMMA
D/O LATE D S GOPALAKRISHNA SETTY,
W/O T L NAGABHUSHANAM,
AGED ABOUT 71 YEARS,
R/AT #4108/23, 8C9 5TH MAIN,
K R ROAD, TATA SILK FARM,
OBALAPPA GARDEN,
BENGALURU 560070
6.
SMT H NALINI
D/O LATE D S GOPALA KRISHNA SETTY,
AGED ABOUT 67 YEARS,
W/O P HARIHARAN,
R/AT #59/70, SARKAR MANDI STREET,
VELLORE 04, TAMILNADU
7.
SMT ANNAPURNA
D/O LATE D S GOPALAKRISHNA SETTY,
W/O MYLARIGUPTHA,
AGED ABOUT 60 YEARS,
R/AT 114, 7TH MAIN, 1ST SECTOR,
8TH CROSS, SOS POST,
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NOBONAGAR, BANNERGHATTA ROAD,
BENGALURU 560076
... RESPONDENTS
(BY SRI MURTHY.K, ADV.)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
02.12.2019 PASSED IN OS.NO.2089/2016 ON THE FILE OF THE
XIX
ADDITIONAL
CITY
CIVIL
AND
SESSIONS
JUDGE,
BENGALURU
CITY,
PARTLY
DECREEING
THE
SUIT
FOR
PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR 8ORDERS9
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:
Heard the learned counsels.
The appellant and all the respondents including
the legal representative of the 5th respondent 3 respondent
No.5(a) are present before the Court. A joint memo under
Order 23 Rule 3 read with Section 89(1) CPC is filed. The
same reads as under:
<UNDER ORDER 23 RULE 3 R/W SEC. 89(1) CPC
THE PARTIES BEG TO STATE AS UNDER:
1.
The Appellant has agreed for the offer of the
Respondents to purchase the shares of the
Respondents
@
Rs.
92,00,000/-
(Rupees
Ninety Two Lakhs only).
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2.
The Appellant has tendered the aforesaid
amounts to the Respondents as under all
drawn on Kotak Mahindra Bank Ltd:
----------------------------------------------------------------
Demand Draft No.
Amount
Date
----------------------------------------------------------------
a) 614076 (Resp No.1)
Rs. 13,14,286/-
05.04.2022
b) 614077 (Resp No.2)
Rs. 13,14,286/-
05.04.2022
c) 614078 (Resp No.3)
Rs. 13,14,286/-
05.04.2022
d) 614083 (Resp No.4)
Rs. 13,14,286/-
05.04.2022
e) 614080 (Resp No.5a) Rs. 13,14,286/-
05.04.2022
f) 614082 (Resp No.6)
Rs. 13,14,286/-
05.04.2022
g) 614081 (Resp No.7)
Rs. 13,14,286/-
05.04.2022
----------------------------------------------------------------
Which sum the Respondents do hereby accept
and acknowledge the same as full and final
settlement of their claims.
3.
The Respondents concede that there are no
other claims against the Appellant or the
Schedule Property or any property belonging to
the Appellant.
4.
The Respondent further confirm that the
Appellant is at liberty to enjoy the suit
schedule property as absolute owner with full
powers of disposition in his own discretion
without any interference from the Respondents
or their heirs.
5.
The respondents have no-objection for passing
a Final Decree allotting the Schedule Property
to the Appellant and further the Respondents
have no-objection for the Appellant to take a
Final Decree in his name and register the same
before the Jurisdictional Sub-Registrar.
6.
The
Parties
submit
that
the
aforesaid
compromise is out of free will, without any
pressure and the Parties have understood the
terms of the compromise and have signed the
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same and the compromise shall not be
questioned or re-opened at any party9s wish at
any point of time.
7.
The Parties therefore, pray that this Hon9ble
Court be pleased to accept the compromise
petition and direct the Registery to draw Final
decree in terms of the Compromise Petition, in
the interest of justice and equity.
Sd/-
Sd/-
Advocate for Appellant.
Appellant=
The appeal arises out of a judgment and decree
dated 02.12.2019 whereby the trial Court was pleased to
allow the suit of the plaintiffs 3 respondents herein
excluding respondent Nos.5, 6 and 7. The learned counsel
Sri K Murthy files power on behalf of them. It is seen that
the same counsel has also represented them before the trial
Court. The suit for partition came to be decreed holding
that the plaintiffs are entitled to 1/8th share in the 8A9
schedule property. The suit in respect of 8B9 and 8C9
schedule properties came to be dismissed and liberty came
to be reserved to the plaintiffs to file a separate petition
under Order 20 Rule 12 of CPC for the purpose of
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determination of mesne profits. Today it is submitted that
the parties who share the same bloodline have amicably
resolved the dispute among themselves and that in respect
of partitioning suit schedule 8A9 property the appellant and
the respondents have concluded the valuation of the suit
schedule 8A9 property and pursuant to the same the
appellant and the respondents have agreed that the said
property would be retained by the appellant subject to
payment of market value and equal distribution amongst
the respondents. in furtherance of the said resolution the
appellant today is paying a sum of Rs.13,14,286/- (Rupees
Thirteen Lakh Fourteen Thousand Two Hundred and Eighty-
six only) as the respective share of each of the respondents
and the respondents have agreed to re
