PETITIONER:
CHIKKATAYAMMA & ORS
Vs.
RESPONDENT:
R. BALAKRISHNAPPA & ORS
DATE OF JUDGMENT: 23/07/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (7) 434
ACT
HEADNOTE
JUDGMENT
ORDER
Application for impleadment is ordered.
We are happy to note that pursuant to the observation made by this Court on January 16, 1996 the parties have settled the dispute and filed their compromise Memo before us. We receive the Compromise Memo which reads as under:
"(a) 2 acres 20 Gunthas in ’B’
Schedule property out of 6 acres 8
gunthas in Survey No. 194 as
mentioned in Item No. 3 above,
where a 30 feet road goes in the
centre of the said properly form
North to south side and Vijayappa
will retain to himself as his share
2 acres 20 gunthas towards the
Western side of the road towards
the North side of the Survey No.
194 and the remaining portion goes
to the Respondent R.
Balakrishanappa, Vijayappa and
Balkrishnappa each has to leave 15
feet for the formation of 30 feet
road at the centre, which goes from
North to South of the property from
their individual share which they
get in Survey No. 194 which run
from East to West should be
retained and should be used as
commo passage for all.
(b) 3 acres 18 gunthas in Survey
No. 10 as mentioned in ’D’
schedule.
(c) House property as mentioned in
’F’ schedule.
(2) The following properties will
remain with Shri H. Nagarajappa,
the Appellant No. 6 harein, the
properties which he had purchased
from the Appellants herein by
registered Sale Deeds dated
10.4.1961, to the extent of 4 acres
8 gunthas out of 6 acres 8 gunthas
from Survey no 15, which has
already been alienated by H.
Nagarajappa in favour of his son
Malikarjunappa.
(3) From Survey No. 194 R.
Vijayappa had sold 1 acre and 8
Gunthas to N. Malikarjunappa son of
H. Nagarajappa, Appellant No. 6
herein, for a sum of Rs. 50,000/-
by way of Sale Deed dated
24.6.1995. It is hereby agreed that
the said Malikarjunappa will sell
the said land back to Vijayappa for
the same amount of Rs. 50,000/- and
that Vijayappa will get the said
land registered in his name after
this Hon’ble Court passes the Order
in terms of this Compromise
Application.
(4) The following properties will
go to Balkrishnappa, Respondent
No.1 herein, out of the petition
properties.
(a) 3 acres 26 gunthas in ’B’
Schedule property i Survey No. 194
which is the remaining portion of
the said schedule property, after
R. Vijayappa, the Appellant No. 4
herein retains 2 acres 20 gunthas
as his share.
It is also hereby agreed that both
Vijayappa and Balkrishnappa each
have to lave 15 feet from their
individual share out of this Survey
Number for the Purpose of the rode
to formed at the centre of the
property and further the existing
road form East From to West would
retained and used as common passage
for all.
(b) Remaining 2 acres in ’A’
Schedule property to the South side
of the property from Survey No.15.
(c) 0.25 Gunthas in ’C’ schedule
property in Survey No.82; and
(d) House Property in ’E’ Schedule
property.
7. Rethnamma, the Appellant No. 3
and Girijamma, appellant No. 5 have
also consented for the division of
the said Schedule property as they
have no claim over the petition
schedule properties."
The appeal is disposed of in terms of the Compromise Memo, In that view of the matter, the respondent has no manner of right or interest in respect of the claim and in respect of the interest held by the appellants 4 and 6. No costs.