M. Veerabhadrappa vs Munirathnamma

C.R. Kumaraswamy, J.—The appellants and their counsel are present. The respondent and her counsel are also present.

Joint memo is filed. I have perused the letter bearing No. BMC/1036/2014-15 dated 16.07.2014 issued by the Director addressed to the Registrar General, High Court of Karnataka and also the Memorandum of Settlement u/s 89 of Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 dated 14.07.2014.

Joint Memo dated 11.09.2014 reads as under:

"The appellants and the respondent have settled the matter before Mediation Centre, Bangalore. In terms of the same, Memorandum of settlement, this appeal may be disposed of accordingly and decree to be drawn accordingly as per Memorandum of settlement. Parties are present before the Court."

The Memorandum of Settlement dated 14.07.2014 reads as under:

"Memorandum of settlement u/s 89 of the code of civil procedure, 1908 read with rules 24 and 25 of the karnataka civil procedure (mediation) rules, 2005.

The parties above named submits as follows:

The above Regular First Appeal is filed by the Appellant challenging the Judgment and Decree dated: 08.08.2013 passed by the learned I additional City Civil and Sessions Judge, (CCH No. 2) Bangalore in O.S. No. 4718/2005.

The above Regular First Appeal has been referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties have agreed and amicably resolved their dispute on the following terms and conditions:

The Appellant No. 2 is the wife of late Muniswamappa and mother of Appellant No. 1 and the Respondent.

The Appellants and Respondent had earlier got divided the family properties under a registered partition deed dated: 31.03.2005 registered as Document No. 34100/2004-05 in the Office of the Sub-Registrar, Bangalore East Taluk, Bangalore, with respect to the suit schedule properties.

The Respondent (as plaintiff) challenged the said partition deed dated 31.03.2005 by filing a suit in O.S. No. 4718/2005 before the City Civil Court (CCH-2), Bangalore against the Appellants (Defendants), claiming she has been allotted an unequal share in the partition. The said suit was decreed on 08.08.2013 and the partition deed was ordered to be cancelled. It was further decreed that the Respondent is entitled to 1/6th shares in suit item Nos. 1 and 1/3rd share in suit item Nos. 2 to 6 of the suit schedule properties.

Under the present Appeal, the Appellants have challenged the judgment and decree dated 08.08.2013 in O.S. No. 4718/2005.

The Appellants and Respondent hereby withdraw the respective allegations made against each other.

(i) The Appellants have agreed to give properties mentioned in schedule ''A'' in this settlement/agreement to the Respondent/Plaintiff. (Item No. 5 & 6 in the suit schedule properties). Schedule ''A'' consists of Item Nos. 1 and 2(a) and 2(b) to this settlement/agreement petition as described in the schedule ''A'' below.

(ii) The respondent has agreed to give/allot entire properties mentioned in schedule ''B'' in this settlement/agreement to the Appellants. (Item Nos. 1 to 4 in the suit schedule properties) this Schedule ''B'' is consisting of Item Nos. 1 to 4 to this Settlement/agreement petition.

(iii) The Respondent (through her son and PA holder K. Lakkappa PW 1) has agreed to pay a sum of Rs. 1,00,00,000/- (Rupees One crore only) to the Appellants subject to the following conditions:

(a) There is arrears of property tax pending with respect to Item Nos. 2(a) and (b) the total tax liability is Rs. 10 lakhs out of which the Appellants have agreed that 50% thereof amounting to Rs. 5 lakhs be deducted from out of the above consideration amount mentioned above.

(b) In item No. 2 of ''A'' Schedule Property that there is some existing electricity poles which the Appellant has agreed to get removed from the property at his cost. A sum of Rs. 1 lakh towards Appellants share of pole shifting charges is deducted from the consideration amount mentioned above. It is also represented that there are drains and manholes on item No. 2 property. The expenses towards removing this will be shared between the parties.

(c) The Appellants have represented that all electricity and water charges payable to the statutory authorities have been paid fully and there are no arrears pending.

(d) The Appellants hereby agree and undertake to handover all the original title deeds/revenue records/tax paid receipts/receipt for having paid the betterment charges and all other documents relating to Schedule ''A'' property to the respondent at the time of execution of this settlement/agreement.

(e) Appellants hereby agree that in case any excess of land is found to be available in the A-schedule property at a later stage, the Appellants will have no right to claim the title or interest over the said excess extent of land/area, if any.

(f) Both the parties have agreed and undertaken to forthwith cancel the Partition deed dated 31.03.2005 which was registered as Document No. 34100/2004-05, in the Office of Sub-Registrar, Bangalore South.

(g) The Respondent/plaintiff has agreed to accept schedule ''A'' items 1 and 2 properties in full and final settlement of her claim for partition. The decree passed by the court below may be modified accordingly as per this settlement/agreement.

(h) The Respondent shall enjoy the schedule ''A'' properties herein below as absolute owner and that appellants 1 and 2 have no claim whatsoever in respect of these Schedule ''A'' items 1 and 2 properties. The Appellants 1 and 2 or any persons claiming under them will not interfere with the possession and enjoyment of these items of "A" schedule properties allotted to the Respondent.

(i) The Schedule ''B'' properties are allotted to the share of appellants and the respondent/plaintiff has no claim or right over the schedule ''B'' properties mentioned below. These properties of items 1 and 4 with measurements being allotted to the share of appellants 1 & 2 they shall enjoy the same as absolute owners without any interference by the respondent/plaintiff or anyone claiming under her.

(j) After taking note/adjustment of the deduction in clauses (a) and (b) and providing additional allowance/margin for any other unforeseen expense, (to the extent of Rs. 4 lakhs) the Respondent has agreed to pay an amount i.e., Rs. 90,00,000/- (Rupees Ninety Lakhs only), from out of agreed sum of Rupees One Crore (Rs. 1,00,00,000/-), mentioned above. The same is hereby paid by a post dated cheque issued by respondents son K. Lakkappa, who was examined as PW1 in the suit. He has agreed to issue a post dated cheque on his account bearing No. 0681101016742 drawn on Canara Bank, Shanthi Nagar Branch, Bangalore, of a cheque bearing No. 111188 for a sum of Rs. 90,00,000/- (Rupees Ninety Lakhs only) payable on 10.04.2015 and he has also signed this settlement/agreement petition for having issued a post-dated cheque from his account. This cheque is issued to equalize the share allotted and given to the Respondent/plaintiff. In case as on 10.04.2015 there are no other additional/unforeseen expenses in relation to the share of the Respondent then, as on that date, the Respondent or her son will issue another cheque for the margin money of Rs. 4 Lakhs to the appellant. The aforesaid cheque dated 10.04.2015 for a sum of Rs. 90,00,000/-(Rupees Ninety Lakhs only) has been handed over to the Appellant No. 1 on this date of this settlement/agreement. The appellant No. 1 acknowledges the receipt of the same.

SCHEDULE-A

ALLOTTED TO THE SHARE OF RESPONDENT/PLAINTIFF

ITEM NO. 1

Land in Sy. No. 218/1 of Kodihalli, Varthur Hobli, Bangalore East Taluk present BBMP limits (Northern side 75 feet) and Southern side 71 feet and North to South 45 feet and bounded as follows:

East by: Road

West by: Road

North by: Private property

South by: Private property

ITEM NO. 2

(a) Property bearing Old. No. 42, present No. 42/5 and 42/6B of Konenaagrahara, Varthur Hobli, Bangalore East taluk, situated within BBMP limits and shown in the sketch measuring east to West - 40 + 70/2 feet and North to South 325 + 336/2 feet. Totally measuring 18178 sq. ft. bounded as follows:

East by: Road and remaining property mentioned in item No. 2B in schedule A mentioned below.

West by: Private Property

North by: Private property

South by: Road then, HAL compound and Defence Compound.

(b) Property bearing Sy. No. 42/5 and 42/6B (old. No. 42) of Konenaagrahara, Varthur Hobli, Bangalore East Taluk, in all measuring 34384 sq. ft. and bounded as follows:

East by: Private property

West by: Road and remaining portion of Item 2A in schedule ''A'' above mentioned.

North by: Road and private property

South by: Road then, HAL compound and Defence compound.

SCHEDULE-B ALLOTTED TO THE SHARE APPELLANTS/DEFENDANTS ITEM NO. 1

Property bearing Sy. No. 135/1B (Old. Sy. No. 135/1) of Vibhuthipura, K.R. Puram, Bangalore East Taluk measuring 4 acres and now within BBMP limits and bounded as follows:

East by: Doddahanumaiah Reddy''s and Shankarappa''s land.

West by: Remaining Land of Sy. No. 135/1, retained by vendors.

North by: Road and BEML land

South by: Remaining land of Sy. No. 135/1, retained by vendors.

ITEM NO. 2

Property bearing Sy. No. 26/1, Kaikondarahalli, Varthur Hobli, Bangalore East Taluk presently within BBMP limits and totally measuring 6 guntas and bounded as follows:

East by: Sy. No. 43, remaining land of Giddanna Reddy, Now private property.

West by: Rudramuniyappa''s land Sy. No. 25 and Others, now private property.

North by: Sy. No. 26/2 property now private property.

South by: Remaining property of 26/1, now private property.

ITEM NO. 3

Property bearing Sy. No. 224 of Kodihalli, Varthur Hobli, Bangalore East Taluk presently within the BBMP limits measuring 14 guntas and bounded as follows:

East by: Private property and Apartments

West by: Private property

North by: Road

South by: Road

ITEM NO. 4

Property bearing plot No. 12/52 (old No. 12, also known as plot L2) on Cambridge Road, Ulsoor, Bangalore, measuring 50 feet x 32 feet and bounded as follows:

East by: Plot No. L3

West by: Plot No. L1

North by: Society Road

South by: plot No. H1 and H2

II. In view of the aforesaid agreement entered between the parties hereto, the parties pray that this Hon''ble Court be pleased to decree the above appeal, in terms of the aforesaid settlement/agreement.

III. In view of the aforesaid settlement/agreement, the parties pray for the refund of full court/institution fees paid by them.

IV. Parties will appear before the Hon''ble Court on the next date of hearing for reporting this settlement and to pass orders in terms of the aforesaid agreement."

This Regular First Appeal is disposed of in terms of the Memorandum of Settlement dated 14.07.2014. Registry is directed to draw the decree accordingly.