JAYAMMA Vs. VENKATANARASAMMA

JUDGEMENT

(1.) In RFA No 1352 of 2008: Parties in this appeal have filed a joint memo, which is signed by the appellant and the respondent Nos 3, 4(a), 7 and 8 and advocates for appellant and the respondents. Parties have settled their disputes amicably. The appellant has realized that she has no case on merits and is therefore agreeable for dismissal of the appeal by confirming the judgment and decree passed by the trial court on 22-11- 2008 in OS No 770 of 1995.

(2.) Considering the relationship among the appellant and respondents 1 to 9, each of the brothers of Jayamma, Sharadamma and Gowramma and their legal heirs, out of love and affection, have agreed to gift one acre of land to each of the daughters of late Narayanappa, as detailed in the joint memo. Third respondent Motappa, out of love and affection has agreed to execute a gift deed in favour of fifth respondent Gowramma in respect of one acre of land comprised in Sy Nos 59/2,. 71/2, 63/2 and 62/2 of Huskur village, Bidarahalli hobli, Bangalore east taluk. Similarly, legal representatives of fourth defendant i.e. R- 4(a) to (e), out of love and affection, have agreed to execute a gift deed in favour of Smt Sharadamma [Appellant in RFA No 1364 of 2008] in respect of one acre of land comprised in Sy No 61 of Huskur village, Bidarahalli hobli, Bangalore east taluk. So also, the respondents 2 and 7 to 9, out of love and affection, have agreed to execute a gift deed in favour of Smt Jayamma [Appellant in RFA No 1352 of 2008], in respect of one acre of land in comprised in Sy No 59 of Huskur village, Bidarahalli hobli, Bangalore east taluk, as stated in para-3 of the joint memo.

(3.) The respective parties have agreed to execute the gift deeds as mentioned in paragraphs 1 to 3 of the joint memo within one month after the approval of revenue sketch by the revenue authorities. The respective donees to bear the costs of registration of gift deeds. They have also agreed that in future, if any one of the donees or their legal heirs want to sell their properties, first preference would be given to the respective donors and they can exercise such preemptive option if they are agreeable to pay the market price of the property.