Key Points: - The compromise petition outlines that Schedule-B properties (Item 1 and Item 2) and related development agreements were implemented and are binding on the parties and their families (!) (!) (!) (!) (!) . - Schedule-G and Schedule-H properties are to be allotted/given in the name of Plaintiff, Defendants No.1, 22 and 23 and their family members or nominees, with marketable title and free from encumbrances, as part of the settlement (!) (!) (!) . - Defendant No.19 agrees to pay damages/compensation if Schedule-H conveyance is not completed within three years, with specific sums and interest rates: Rs.7,50,00,000 for non-conveyance and Rs.25,00,00,000 overall damages, subject to conditions (!) (!) (!) (!) . - If the plaintiffs/defendants fail to pay damages within three months of demand, interest at 18% P.A. accrues until payment (!) (!) (!) . - The final decree will be drawn by the registry as per compromise terms, and parties shall bear their costs; pending applications are consigned to records (!) (!) (!) (!) . - The compromise is intended to settle all disputes regarding Schedule A–F properties and excludes G and H; if any suit/litigation persists, it shall be withdrawn/dismissed by the parties at their costs (!) (!) (!) (!) .

What is the scope of the settlement/compromise between the parties as regards Schedule A to F properties?

What is the effect of the compromise petition on the rights and claims of Defendants No.17, 19, and others regarding Schedule-G and Schedule-H properties?

What are the obligations and consequences if any party fails to comply with the terms of the compromise, including payment of damages and execution of conveyance deeds?

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JANUARY, 2021

PRESENT

THE HON9BLE MR. JUSTICE ARAVIND KUMAR

AND

THE HON9BLE MR. JUSTICE PRADEEP SINGH YERUR

R.F.A. NO.769/2020

BETWEEN:

G.K. GANESH

S/O G.T. KRISHNA REDDY

@ KRISHNAPPA REDDY

AGED ABOUT 54 YEARS

R/O SUMUKHA, GUNJUR VILLAGE

GUNJUR POST, BANGALORE - 560 087.

...APPELLANT

(BY SRI. ABHINAV RAMANAND A. ADVOCATE)

AND:

1 .

G.T. KRISHNA REDDY

ALSO KNOWN AS KRISHNAPPA REDDY

AGED ABOUT 89 YEARS

R/O NO.389, GUNJUR VILALGE

GUNJUR POST

BANGALORE - 560 087.

SRI. G.T. VENKATASWAMY REDDY

SINCE DEAD BY HIS LR

2

2 .

SMT. CHENNAMMA

W/O LATE G.T. VENKATASWAMY

AGED ABOUT 80 YEARS

RESIDING AT GUNJUR VILLAGE

VARTHUR HOBLI, BENGALURU

EAST TALUK, BENGALURU - 560 087.

3 .

G.M. INDRAMMA

D/O LATE G.T. MARISWAMY REDDY

W/O N.N. SRINIVASA REDDY

AGED ABOUT 61 YEARS

RESIDING AT NO.89, 4TH CROSS

3RD MAIN, GOKULAM 3RD STAGE

MYSORE - 570 002.

4 .

G.M. KANTAMMA

D/O LATE G.T. MARISWAMY REDDY

W/O LATE G.T. SANJEEV

AGED ABOUT 56 YEARS

RESIDING AT NO.95, 11TH CROSS

1ST STAGE, INDIRANAGAR

BANGALORE - 560 038.

5 .

MRS. G.M. JAGADAMBA

D/O LATE G.T. MARISWAMY REDDY

W/O DR. SATISH KUMAR

AGED ABOUT 54 YEARS

R/AT NO.1764 1ST MAIN

HSR SECOND SECTOR

BANGALORE - 560 102.

6 .

G.M. THIMMAREDDY

AGED ABOUT 63 YEARS

S/O LATE G.T. MARISWAMY REDDY

AT VINAYAKA MOTORS, 11/12

ALBERTS VICTOR ROAD

KALASIPALYAM

BANGALORE - 560 002.

3

7 .

PARVATHIDEVI

W/O LATE G.T. MARISWAMY REDDY

AGED ABOUT 84 YEARS.

8 .

PRASAD M.S

S/O LATE G.T. MARISWAMY REDDY

AGED ABOUT 58 YEARS.

9 .

PRAVEEN

S/O LATE G.T. MARISWAMY REDDY

AGED ABOUT 50 YEARS.

RESPONDENT NO.7, 8 & 9 ARE

RESIDING AT NO.5/29

G. SHANUBOGE KRISHNAPPA LANE

CHIKKAMAVALLI, BANGALORE - 560 004.

SRI. G.V. NAGARAJ REDDY

SINCE DEAD BY HIS LRS

10.

SMT. SUDHA

W/O G.V. NAGARAJA REDDY

AGED ABOUT 53 YEARS.

11.

SRI. G.N. DRUTHI

D/O G.V. NAGARAJA REDDY

AGED ABOUT 30 YEARS.

12 .

SMT. G.N. RASHMI

D/O G.V. NAGARAJA REDDY

AGED ABOUT 28 YEARS.

13 .

SRI. G.V. PALAKSHA

S/O G.T. VENKATASWAMY REDDY

AGED ABOUT 55 YEARS.

14 .

SRI. G.V. CHANDRASHEKAR

S/O G.T. VWENKATASWAMY REDDY

AGED ABOUT 54 YEARS.

4

15 .

SMT. G.V. RAMAKKA

D/O G.T. VENKATASWAMY REDDY

AGED ABOUT 66 YEARS.

RESPONDENT NOS. 10 TO 15 ARE

RESIDENT OF GUNJUR VILLAGE

VARTHUR HOBLI, BANGALORE

EAST TALUK, BENGALURU - 560 087.

16 .

SRI. G.V. SATISH REDDY

S/O G.T. VENKATASWAMY REDDY

AGED ABOUT 61 YEARS.

17 .

G.S. NAVANEETH

S/O G.V. SATISH REDDY

AGED ABOUT 27 YEARS.

18 .

G.S. SUSHMITHA

D/O G.V. SATISH REDDY

AGED ABOUT 26 YEARS.

RESPONDENTS NO.16 TO 18 ARE

RESIDING AT NO.411, HRBR LAYOUT

3RD BLOCK, 2ND MAIN

BANGALORE - 560 043.

19 .

M/S. WESTBURY HOSPITALITY

PRIVATE LIMITED

A PRIVATE LIMITED COMPANY

REGISTERED UNDER THE PROVISIONS

OF COMPANIES ACT 1956

HAVING ITS REGISTERED OFFICE AT

1012-1014, ANTRIKSH BHAWAN

22 K.G. MARG, NEW DELHI - 110 001

REPRESENTED BY ITS

MANAGING DIRECTOR.

5

20 .

ANSAL COLONISERS AND DEVELOPERS

PRIVATE LIMITED

A PRIVATE LIMITED COMPANY

REGISTERED UNDER THE PROVISIONS

OF COMPANIES ACT 1956

HAVING ITS REGISTERED OFFICE AT

1012-1014, ANTIRKSH BHAWAN

22 K.G. MARG, NEW DELHI - 110 001

REPRESENTED BY ITS

MANAGING DIRECTOR.

21 .

M/S N.D. DEVELOPERS PVT. LTD.,

COMPANY REGISTERED UNDER

THE PROVISIONS OF COMPANIES

ACT 1956, HAVING ITS REGISTERED

OFFICE AT NO.398, 1ST FLOOR

7TH CROSS, MICO LAYOUT

B.T.M. 2ND STAGE

BANGALORE - 560 076.

22 .

S. MAHESH

S/O SRI. SUDHAKARAN V

AGED ABOUT 50 YEARS

NO.147, 1ST FLOOR

7TH CROSS, 18TH MAIN

B.T.M. LAYOUT, 2ND STAGE

BANGALORE - 560 076.

23 .

DHIRAJ KUMAR

S/O SRI. R.N. PRASAD

AGED ABOUT 52 YEARS

NO.147, 1ST FLOOR, 7TH CROSS

8TH MAIN, BTM LAYOUT

2ND STAGE, BANGALORE - 560 076.

24 .

G.K. SURESH

S/O G.T. KRISHNA REDDY

@ KRISHNAPPA REDDY

AGED ABOUT 53 YEARS

6

R/O NO.389, GUNJUR VILLAGE

GUNJUR POST, BANGALORE - 560 087.

25 .

G.K. ANITHA

D/O G.T. KRISHNA REDDY

@ KRISH