T.N. Rekha vs Asha Jagadish

Anand Byrareddy, J.—The parties are present before the court and have filed a compromise petition, which reads as follows:--

"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 CPC

The appellant and respondent beg to submit as follows:

The appellant and respondent are the daughters of Late Smt. T. Susheela Devi and Late Sri. T.R. Narayan Rao. The composite property bearing No. 26 (old No. 27), situated at Basappa Road, Shanthinagar, Bangalore - 560 027 was acquired by the mother of parties. As per the Will dated 11.5.1986, the item No. 1 of the composite property has fallen to the share of the respondent who is the elder sister of the appellant and item No. II of the composite property has fallen to the share of the appellant.

Some differences arose between them resulting in the respondent filing O.S. No. 1612/2010 before the Hon''ble 42nd Additional City Civil and Sessions Judge, Bangalore, wherein by judgment and decree dated 16.9.2013, the Hon''ble Court was pleased to grant an order of permanent injunction.

Being aggrieved by the same, the above appeal has been preferred by the defendant. During the course of the hearing, the parties have resolved their dispute amicably and have agreed to settle the matter in terms and conditions, which are reduced into writing as below:

a) The respondent and the appellant are the only children of Late Sri. T. Narayan Rao and Late Smt. T. Susheela Devi.

b) Smt. T. Susheela Devi expired on 21.10.2006 leaving behind a Will dated 11.5.1986.

c) By virtue of the Will dated 11.5.1986, the respondent has inherited item No. 1 of the property and the appellant item No. II of the property referred to in the said Will. The details of the item No. I, and item No. II of the property are separately detailed in the schedule to this compromise petition.

d) The appellant and the respondent have acted in terms of the Will and are in actual possession of their respective portions.

e) The respondent has constructed a sump on the North Eastern side of the composite property. It is agreed by both the parties that the said sump shall belong and be used by the respondent, exclusively.

f) The respondent hereby gives no objection to the appellant to construct a separate sump of about 3000 liters at appellant''s cost, on the northern side of the composite property (i.e., on the existing garden area and away from the existing building) and adjacent to the existing sump of the respondent, leaving a minimum of 3 feet distance from the existing sump and without causing any damage, blockage or disruption to the water supply of the respondent''s sump. A rough sketch, not to scale, showing the approximate place of construction of the sump by the appellant is attached here with. It is agreed by both the parties that the said sump, shall belong and be sued by the appellant exclusively.

g) The parties agree to dig a bore well with separate lines, controls and connections at the Northern side of the composite property, in consultation with each other always, and the cost to be shared equally by both the parties. Such location shall be without causing any damage, blockage or disruption to the water supply to the sump of the appellant and respondent respectively.

h) The appellant will sign the necessary applications, Forms etc. to the BBMP for the purpose of bifurcation of Khatha of the buildings only into the respective names of the appellant and the respondent as regards their respective share as per the Will dated 11th May 1986 of their mother Late T. Susheela Devi, immediately after the compromise petition is signed. The parties shall share all expenses in this regard. In case any further documents/forms/applications, are required to be signed for the purpose of bifurcation of Khatha of the buildings only, as stated above, the parties undertake to execute the same, whenever necessary.

i) Till such bifurcation of khata, the appellant and the respondent agree to bear and pay the property taxes payable to the BBMP towards their respective share in the Composite property. The parties also agree to share all the expenses for the maintenance and monthly bills of the BWSSB, BESCOM or sewage, till such time the said services are bifurcated into their respective names."

The parties have entered into the Compromise voluntarily and without any coercion or undue influence and out of their free will and consent.

WHEREFORE it is most respectfully prayed that the Hon''ble Court be pleased to decree the appeal in the terms of the compromise and pass such other and further orders in the interest of justice and equity.

SCHEDULE OF THE PROPERTY

The compromise petition is filed along with a sketch showing the particulars of the properties and the manner in which the parties have settled the matter. There is no collusion or illegality in the compromise, as can be seen from a plain reading of the same. Hence, the same is taken on record. The compromise petition is allowed. The decree to be drawn up in terms of the compromise.