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.