Rukmini vs Chennappa Gowda

B.V. Nagarathna, J.—Petitioner has assailed order dated 22.07.2013 passed by the Karnataka Appellate Tribunal in Revision Petition No. 37/2006 (Annexure-A to the writ petition); Order dated 02.05.2006 passed by the Deputy Commissioner, D.K., Mangalore in Case No. C.D.S. RAP 315/05-06 (Annexure-D to writ petition); Order dated 28.10.2005 before the Assistant Commissioner, Puttur in Case No. EDS.R.E.D.R. 2/05-06 (Annexure-C to writ petition) and the order 07.06.2005 passed by the Tahsildar, Sullia in Proceedings No. C.D. CIR-RA.C.KA 2/05-06 (Annexure-B to writ petition). All these orders permit respondent No. 1 to construct a water course to carry water from Sy. No. 70 to Sy. No. 63/2C, which are in ownership and possession of respondent No. 1 through land bearing Sy. No. 63/1A & 63/2A.

It is not in dispute that petitioner and respondent No. 1 belong to the same family. But there was past acrimony between the parties and there has been partition and separate possession of the lands in question. Possibly that acrimony has been vented in the form of these litigations.

On the last occasion, when the matter was listed for preliminary hearing, i.e., 19.11.2014, this Court felt that this is a matter for settlement and directed petitioner and respondent No. 1 to be present in court today. This morning when the matter was heard learned counsel for parties as well as parties were directed to explore the possibility of the settlement in the matter.

After negotiations, parties with the guidance of their respective counsel, have arrived at a settlement. Gist of which is that petitioner would permit respondent No. 1 to continue to transport water from the water pipes already laid in Sy. No. 63/1A & 63/2A, which is in the ownership and possession of the petitioner, subject to payment of a sum of Rs. 5,000/- per annum per year. The said sum shall be payable every year commencing for the year 2014, i.e., by 31.12.2014 and a sum of Rs. 5,000/- would be paid by respondent No. 1 to Smt. Hemavathi, W/o Late Dhruva Kumar, the daughter-in-law of the petitioner - Smt. Rukmini, who is a widow and is also a nominee of the petitioner, so long as water pipes are used for carrying water through petitioner's land, i.e. from one portion of respondent No. 1''s land, to another portion of his land through petitioner's land, every year.

In terms of the above a joint memo is filed, which is signed by the Power of Attorney of the petitioner and respondent No. 1. They are present in court and they are identified by their respective counsel. The other two sons of the petitioner, namely, Mr. Neelayya and Mr. Pergade, are also present in court and they say that they have consented to this arrangement. Joint memo is taken on record. It reads as hereunder:

"JOINT MEMO

Krishnayya Gowda, GPA Holder of the petitioner on behalf of petitioner has agreed to receive a sum of Rs. 5,000/- (Rupees five thousand only) per year as a compensation for the use of land owned originally by petitioner for laying the pipeline under the ground, with the following terms and conditions.

(a) The respondent No. 1, namely, Cheenappa Gowda, shall pay a sum of Rs. 5,000/- (Rupees five thousand only) per year to Smt. Hemavathi, W/o Late Dhruva Kumar, Kanike House, Aivathoklu Village, Panja Post, Sullia Taluk, the daughter in law of the petitioner, Rukmini, who is the nominee of the petitioner herein on or before 31st December of every year, commencing from today, i.e., 27.11.2014.

(b) Neither the petitioner nor her children or anybody claiming under her or them shall not obstruct for laying of 2" diameter pipeline in land as long as compensation is received by the aforementioned nominee of the petitioner.

(c) Neither the petitioner nor her children or anybody claiming under them shall not obstruct for repairing the pipeline if found necessary by the respondent No. 1.

(d) In case 1st respondent fails to make for payment referred above petitioner or the nominee or authorized by her can remove the pipeline without causing the damages to the same.

(e) The 1st respondent undertakes that he shall cause as little damage as possible while laying or repairing the pipeline to the land belonging to the petitioner or her children.

(f) Similarly neither the petitioner nor her children nor anybody claiming under her or them shall not damage the pipeline so laid by the 1st respondent.

(g) This arrangement shall continue between the parties till they are mutually agreed to discontinue.

(h) The said payment shall be made to Saving Bank Account bearing No. 017822500038 in Syndicate Bank, Panja Branch, Sullia Taluk."

In the circumstances, the impugned orders would not call for any interference by this court. However, the writ petition is disposed by upholding impugned orders and in terms of the joint memo. Parties to bear their own costs.