K. PRADEEP Vs. JAYAMMA & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5185 of 2017, Judgment Date: Apr 12, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5185 OF 2017
              [ @ SPECIAL LEAVE PETITION (C) NO. 847 OF 2014 ]


K. PRADEEP                                                     Appellant(s)

                                VERSUS

JAYAMMA & ORS                                                 Respondent(s)

                               J U D G M E N T

R. BANUMATHI, J.
1.    Leave granted.
2.    This appeal arises out of the Judgment passed by  the  High  Court  of
Karnataka at Bangalore in RFA No.488 of 2005 dated  03.12.2012,  in  and  by
which, the High Court has reversed the Judgment passed by  the  trial  court
and held that the plaintiff Jayamma and defendants 9  and  10  in  the  suit
(Lakshmamma  and  Sharadamma),  being  the  daughters  of  Ram  Shetty,  are
together  entitled  to  one-third  share  in  the  Schedule  'A'   immovable
property.
3.    Priyadarshini, mother of the  appellant,  purchased  the  property  by
virtue of a Sale Deed dated 01.06.1989 from one Munivenkatamma and  her  two
sons.  Priyadarshini, out of love and affection, executed a Gift Deed  dated
13.09.2004 in favour of her son, the  appellant  herein.   One  of  the  co-
sharers namely, Jayamma, being the daughter of Ram Shetty,  has  filed  Suit
No. 4694 of 1986 claiming partition in the suit property.  The  trial  court
dismissed the suit by Judgment dated 18.10.2000, holding that the  plaintiff
Jayamma failed to prove the properties as the joint family properties.
4.    Being aggrieved, Jayamma filed an appeal before the High Court,  being
RFA No. 488 of 2005, in which the High  Court,  being  the  first  Appellate
Court, on appreciation of evidence, has reversed the Judgment of  the  trial
court and held that Jayamma and her two sisters  Lakshmamma  and  Sharadamma
are together entitled to one-third share in the suit  properties.   Pursuant
to the preliminary decree, final decree was also passed.
5.    Being aggrieved by the Judgment of the High Court in RFA  No.  488  of
2005, the appellant herein has filed this appeal, by way of  special  leave.

6.    By earnest efforts of the learned counsel appearing for  the  parties,
the appellant and the first respondent have  arrived  at  a  settlement  and
entered into a compromise.  The memo of compromise  dated  12.04.2017  along
with a sketch attached thereto has been handed over to the Court as well.
7.    The learned counsel appearing for Respondent Nos. 5 to 10  has  raised
objection and submitted that  the  sketch  filed  along  with  the  memo  of
compromise is not in accordance with the final decree  passed  by  the  High
Court.  We are not inclined to go into that question in  view  of  the  fact
that the appellant and  the  respondent  have  settled  the  matter  amongst
themselves as per the terms set forth in the memo of compromise,  the  terms
of which, in our view, may not affect the shares of  Respondent  nos.  5  to
10.  Though Respondent Nos. 5 to 10 are not in a  position  to  substantiate
their objection, we deem it appropriate to  make  observation  that  if  the
memo of compromise disturbs the shares of any  other  sharers  (as  per  the
final decree), it will be open  to  such  persons  to  pursue  their  remedy
before appropriate forum.
8.    The appeal is disposed of in terms of the  memo  of  compromise.   The
memo of compromise along with the sketch therein  shall  form  part  of  the
Judgment.
      No costs.
                                                   .......................J.
                                                         [ KURIAN JOSEPH ]


                                                   .......................J.
                                                          [ R. BANUMATHI ]

      New Delhi;
      April 12, 2017.