Smt. Shamala Vs R. Srinivasa Reddy and Others

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Judgment

61 paragraphs · 2,274 words

H. Billappa, J.—The appellant, the respondents 1 to 6 and the learned Counsel for the parties are present before the Court. They have filed a compromise petition, u/s 89 R/W Order 23 Rule 3 of CPC which reads as under:

It is submitted that the respondents 1 and 2 filed a suit for relief of partition and separate possession of their 2/3rd share in the Suit Schedule Property bearing Sy. No. 7/3 of Kothanur Village, Bangalore South Tq. Measuring 2 acre 10 gunte. bounded on East by: Property belonging to Bylamma and Siddappa. West by: Property belonging to Bajantri Naryappa. North by: Property belonging to Siddappa and South by: Road: against appellant and the third respondent. The Schedule Property was the joint family property of the respondents. The joint family consisted of their grand father Thayappa, their father Sri Ramaiah his children namely, Sri Krishna Redely, Sri Srinivas Reddy and Sri Ramesh, Redely and three daughters namely. Smt. Sarojamma, Smt. Paroathamma and Smt. Goqramma (dead). After the death of their grand father, the late Ramaiah and the respondents herein became the joint owners in possession of Schedule Property.

Sri Ramaih had sold the Suit Schedule Property (morefully described in the Schedule hereunder and herein after referred to as ''the Schedule Property'') to Muniamma under the sale deed dated 16.09.57. Utter on. Smt. Muniamma sold the property to Nanjappa vide 02.04.59. Sri Nanjappa sold the properly to the respondent''s mother Smt. Obamma vide sale deed dated 17.11.63, who in turn sold the property Errappa vide Sale deed dated 16.11.67 and Errappa in turn sold the properly to Respondent namely. Sri Krishna Reddy, S/O. Late Ramaiah. Respondents have contended that the Schedule Property was joint family property and there was no partition between the brothers at any point of time. Accordingly they are entitled for a share in the said Schedule Property.

It is submitted that the first defendant before the court below and the respondent No. 3 herein filed his written statement admitting the relationship. He had admitted that the Schedule Property was a joint family properly. Further in his written statement he had contended that he had executed a registered gift deed in respect of the Schedule Properly in favour of his wife on 17.09.04 under the influence of alcohol when he was in an inherited mode.

It is submitted that the appellant herein was second defendant before the court below. She had filed written statement contending that the Schedule Property was the self acquired property of the first defendant/third respondent herein and he in turn had executed a registered gift deed in her favour and accordingly, she became absolute owner of the Schedule Properly by virtue of Gift Deed and hence, sought for dismissal of the suit.

It is submitted that the learned trial judge based on the pleadings framed the issues and directed the parties to lead oral and documentary evidence of the parties. The learned trial judge was pleased to decree the suit of the plaintiffs as prayed for under its Judgment and decree dated 22.08.2008. It is submitted that the second defendant/appellant being aggrieved by the Judgment and decree passed by the court below preferred the accompanying Regular First Appeal before this Hon''ble Court.

It is submitted that this Hon''ble Court after hearing the appellant had issued notices to the respondents. On service of notices, the respondents together have appeared through an advocate in order to defend that appeal. It is submitted that at this stage, at the instance of well wishers, friends and relatives, both the parties have mutually decided to settle the dispute in the present appeal and have filed this compromise petition as per the following terms as stated hereunder:

a) It is agreed by all the executants of this Compromise Petition that the Schedule Property shall be divided into SEVEN shares and the same shall be ear marked as ''A'', ''B'', ''C'', ''D'', ''E'', ''F'' and ''G''.

b) It is agreed that the ''A'' Schedule Property measuring 30 gunte (32.670 Sq.Ft.) shall be allotted to Smt. Shyamala, the appellant herein and earmarked as Schedule ''A'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah:

c) It is mutually agreed that the ''B'' Schedule Properly measuring 22� gunte (24.502.50 Sq.Ft.) shall be allotted to Krishna Reddy, the Respondent No. 3 herein and earmarked as Schedule ''B'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah:

d) It is agreed that the ''C� Schedule Property measuring 15 gunte (16.335 Sq.Ft.) shall be allotted to Sri R. Ramesh Reddy the Respondent No. 2 herein, and earmarked as Schedule ''C'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah:

e) It is agreed that the ''D'' Schedule Property measuring 15 gunte (16.335 Sq.Ft.) shall he allotted to Sri Srinivas Reddy, the Respondent No. 1 herein and earmarked as Schedule ''D'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand slaughter of hue Ramaiah:

f) It is agreed that the ''F'' Schedule Property measuring 2.50 gunte (2.722.50 Sq.Ft.) shall be allotted to Smt. Parvathamma one of the daughters of deceased Ramaiah. and earmarked as Schedule ''E'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah:

g) It is agreed that the ''F'' Schedule Property measuring 2.50 guide (2.722.50 Sq.Ft.) shall be allotted to Smt. Sarojamma one of the daughters of deceased Ramaiah and earmarked as Schedule ''F'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah;

h) It is agreed that the ''C'' Schedule Property measuring 2.50 gunte (2.722.50 Sq.Ft.) shall be allotted to Smt. Hemapathi Ravindra Reddy, the grand daughter of deceased Ramaiah through his daughter namely, late Smt. Gowramma and earmarked as Schedule ''G'' in the sital plan annexed hereto and executed by all the parties herein and also the daughters and grand daughter of late Ramaiah;

i) It is also mutually agreed between the legal heirs of deceased Ramaiah that the respective sharers of Schedule ''A'' to G'' Properties shall get all revenue records pertaining to the shares allotted under this compromise petition mutated to their respective names and other sharers shall not object the same at any point of lime and shall extend their full co-operation for such mutation.

SCHEDULE PROPERTY (ENTIRE PROPERTY)

(Property in Question in O.S. No. 753/2005)

All that piece and parcel of land bearing Sy. No. 7/3 of Kothanur Village. Uttarahalli Hobli. Bangalore South Tq. measuring 2 acre 1.0 gunte and hounded on.

East by: Properties of Byalamma and Siddappa West by: Bajantri Nanjappals property North by: Property of Siddappa South by: Road.

It is submitted that, the above terms are explained and. duly understood and thereafter the compromise petition and the related sital plan has been executed.

SCHEDULE ''A'' PROPERTY

(allotted to Smt. Shyamala. W/o. Sri Krishna Reddy, the appellant herein)

All that piece and parcel of land bearing Sy. No. 7/3 of Kothnur Village. Uttarahalli Hobli. Bangalore South Tq. to an extent of 30 gunte equivalent to 32,670 Sq. ft (Thirty Two Thousand Six Hundred and Seventy Square Feet) on the extreme southern side of schedule property and demarcated as Schedule ''A'' Property in sital plan annexed hereto measuring East to West: 169 ft and North to South: 193.31 ft and bounded on

East by: Property of Siddappa West by: Private Property North by: Schedule ''B'' Property allotted to Sri Krishna Reddy under this compromise petition South by: Road

It is submitted that the above terms are explained and duly understood and thereafter the compromise petition and the related sital plan has been executed.

SCHEDULE B'' PROPERTY

(allotted to Sri Kishna Reddy, the respondent No. 3 herein)

All that piece and parcel of land bearing Sy. No. 7/3 of Kothnur Village. Uttarahalli Hobli. Bangalore South Tq to and extent of 22.50 gunte equivalent to 24.502.50 sq. ft (Twenty Four Thousand Five Hundred and Two Point Fifty Square Feet) abutting the Northern side of Schedule ''A'' Properly and demarcated as Schedule ''B'' property in the sital plan annexed hereto measuring East to West: 169 ft. and North to South: 144.98 ft and bounded on

East by: Property of Siddappa West by: Private Property North by: Property allotted to Hemavathi. D/o. Gowramma South by: Property allotted to Smt. Shamala under this Compromise petition.