Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3624-DB RFA No. 1220 of 2017 C/W RFA No. 1336 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1220 OF 2017 CONNECTED WITH REGULAR FIRST APPEAL NO. 1336 OF 2017 IN RFA No. 1220/2017 BETWEEN:
SMT. T SHOBHA PRAMOD W/O SRI K PRAMOD KUMAR RAI AGED ABOUT 61 YEARS KAJEMAR HOUSE KEDAMBADY VILLAGE POST KEDAMBADY-574210 PUTTUR TALUK, D.K. …APPELLANT (BY SRI. CHANDRANATH ARIGA K - ADVOCATE) AND:
1. SMT T LALITHA W/O SRI A KRISHNA SHETTY AGED ABOUT 85 YEARS R/A MULLAKAD, KAVOOR VILLAGE MANGALORE-575006(DK). 2. SMT GIRIJATHE BHANDARY W/O K RAGHUNATH BHANDARY AGED ABOUT 69 YEARS, HINDU
3. K BALNATH BHANDARY S/O K RAGHUNATH BHANDARY AGED ABOUT 49 YEARS, HINDU
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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4. K KRIPANATH BHANDARY S/O K RAGHUNATH BHANDARY AGED ABOUT 41 YEARS, HINDU RESPONDENTS NO.2 TO 4 ARE R/A KAVOOR GUTHU HOUSE KAVOOR VILLAGE MANGALURU-575006(DK). 5. T SUBBAYYA SHETTY S/O A KRISHNA SHETTY AGED ABOUT 66 YEARS, HINDU R/A FERNANDES COMPOUDN LALBAGH, MANGALURU-575003(DK). 6. SMT LOHITHA S BHANDARY W/O K SHRIDHAR BHANDARY AGED ABOUT 64 YEARS, HINDU
7. SMT DIVYA SHETTY W/O TILAK SHETTY AGED ABOUT 40 YEARS, HINDU
7(a) KUMARI SAHANA HEGDE D/O TILAKRAJ BALAKRISHNA HEGDE AGE:MAJOR, HINDU
7(b) MASTER YASH HEGDE S/O TILAKRAJ BALAKRISHNA HEGDE AGE: MAJOR
8 SMARAN BHANDARY S/O K SRIDHAR BHANDARY AGED ABOUT 36 YEARS, HINDU
RESPONDENTS 6, 7, 7(a), 7(b) & 8 R/A B-3, MARIA APARTMENTS HOUSING CO-OP SOCIETY LTD 78 PALI HILL ROAD BANDRA, BOMBAY-400050. - 3 -
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9 K JATHIN KRISHNA RAI S/O K PRAMOD KUMAR RAI AGED ABOUT 37 YEARS, HINDU
10 K KONARK RAI S/O K PRAMOD KUMAR RAI AGED ABOUT 30 YEARS, HINDU
RESPONDENTS NO.9 & 10 R/A C-1103 CASA GRANDE, ATTAVAR MANGALURU-575001(DK). 11 SMT SHAKILA SHETTY W/O T SUBBAYYA SHETTY AGED ABOUT 55 YEARS, HINDU R/A FERNANDES COMPOUND LALBAGH MANGALURU-575003(DK). 12. SMT SHAMBHAVI W/O LATE M RAGHURAM RAI AGED ABOUT 87 YEARS, HINDU DEPPUNGIGUTHU HOUSE KUNJATHBAIL MANGALURU-575015(DK). 13 SMT MYNA G RAI W/O K GOWRI SHANKAR RAI AGED ABOUT 70 YEARS
14.
SMT SHRIDEVI W/O KRISHNA PRASAD RAI AGED ABOUT 49 YEARS
15. AVINASH RAI S/O KRISHNA PRASAD RAI AGED ABOUT 25 YEARS
16. ASHWATHI RAI D/O KRISHNA PRASAD RAI AGED ABOUT 24 YEARS
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17. DR NARESH RAI S/O K GOWRI SHANKAR RAI AGED ABOUT 47 YEARS
RESPONDENTS 13 TO 18 R/A ‘AKKAMMA’ ASHWINI NAGAR KASARGOD, KERALA STATE-671121. 18. SMT AVANTHI RAI W/O LATE THIMMAPPA RAI AGED ABOUT 66 YEARS
19. ATHMARAM RAI S/O LATE THIMMAPPA RAI AGED ABOUT 44 YEARS
20. SMT SHRIKRIPA SHETTY D/O LATE THIMMAPPA RAI AGED ABOUT 42 YEARS
21. SHRI RAM RAI S/O LATE THIMMAPPA RAI AGED ABOUT 39 YEARS
RESPONDENTS NO. 18 TO 22 R/A MAGANTHADI HOUSE DERALAKATTE POST MANGALURU TALUK-574160. 22. SUDARSHAN RAI S/O LATE RAGHURAM RAI AGED ABOUT 68 YEARS R/A ‘SHAMBHAVI’ AYYAPPA SWAMY ROAD VIRAJPET, COORG-571218. 23. KUSHANTH RAI S/O LATE RAGHURAM RAI AGED ABOUT 64 YEARS R/A 2-4-252/1, KOTTARA CROSS KUNTIKANA, BEJAI MANGALURU-575004. - 5 -
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24 PRAKASH RAI S/O LATE RAGHURAM RAI AGED ABOUT 62 YEARS R/A DEEPUNI GUTHU HOUSE POST:KUJATHBAIL(VIA) KAVOOR, MANGALURU-575015. 24(a) PRACHIKSHA RAI D/O LATE PRAKASH RAI AGE:MAJOR C/O GIRIJA ADAPPU GOLLARABETTA HOUSE POST-KAVOOR-575015 MANGALORE, D.K.
24(b) PRARTHANA RAI D/O LATE PRAKASH RAI AGE: MAJOR C/O GIRIJA ADAPPU GOLLARABETTA HOUSE POST-KAVOOR-575015 MANGALORE, D.K. …RESPONDENTS
(BY SMT. LATHA S SHETTY – ADVOCATE FOR RESPONDENTS NO.2, 3 AND 6; SRI. M S RAJENDRA – ADVOCATE FOR VIVEK HOLLA- ADVOCATE FOR RESPONDENTS NO.5 & 11; SRI. K SHASHIKANTH PRASAD-ADVOCATE FOR RESPONDENTS NO.18 TO 21; RESPONDENTS NO.4, 7(a), 7(b) TO 17, 22, 23, 24(a), 24(b) ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 18.08.2023, RESPONDENTS NO.2, 5 AND 6 ARE TREATED AS LR’s OF DECEASED RESPONDENT NO.1; VIDE
ORDER DATED 18.08.2023, RESPONDENTS NO.13, 18 TO 24 ARE TREATED AS LRs OF DECEASED R-12)
THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.04.2017 PASSED IN OS.NO.48/2008 ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AND DECREE O.S.48/2008 AS PRAYED FOR. - 6 -
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IN RFA NO. 1336/2017
BETWEEN:
1. SMT. SHAMBHAVI W/O LATE M RAGHURAM RAI AGED ABOUT 88 YEARS DEPPUNIGUTHU HOUSE KUNJATHBAIL MANGALORE-575 015. 2. SMT MYNA G RAI W/O K GOWRI SHANKAR RAI AGED ABOUT 71 YEARS R/AT "AKKAMMA", ASHWINI NAGAR, KASARGOD, KERALA-671 121. 3. SMT SHRIDEVI W/O KRISHNA PRASAD RAI AGED ABOUT 50 YEARS R/AT "AKKAMMA", ASHWINI NAGAR KASARGOD, KERALA-671 121. 4. DR NARESH RAI S/O K GOWRI SHANKAR RAI, AGED ABOUT 48 YEARS R/AT "AKKAMMA", ASHWINI NAGAR, KASARGOD, KERALA-671 121. 5. PRAKASH RAI S/O LATE RAGHURAM RAI AGED ABOUT 63 YEARS R/AT DEEPUNI GUTHU HOUSE POST:KUNJATHBAIL (VIA) KAVOOR MANGALURU-575 015. ...APPELLANTS
(BY SRI. ASHOK MESTA – ADVOCATE FOR SRI. SAMPAT ANAND SHETTY - ADVOCATE)
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AND:
1. SMT T. SHOBHA PRAMOD W/O K PRAMOD KUMAR RAI AGED ABOUT 63 YEARS R/AT KAJEMAR HOUSE KEDAMBADY VILLAGE AND POST PUTTUR TALUK-574 210 DAKSHINA KANNADA. 2. SMT T LALITHA W/O A KRISHNA SHETTY AGED ABOUT 86 YEARS R/AT MULLAKAD KAVOOR VILLAGE MANGALURU-575 006 DAKSHINA KANNADA. 3. SMT GIRIJATHE BHANDARY W/O K RAGHUNATH BHANDARY AGED ABOUT 70 YEARS R/AT KAVOOR GUTHU HOUSE KAVOOR VILLAGE MANGALURU-575 006 DAKSHINA KANNADA. 4. K BALNATH BHANDARY S/O K RAGHUNATH BHANDARY AGED ABOUT 50 YEARS R/AT KAVOOR GUTHU HOUSE KAVOOR VILLAGE MANGALURU-575 006 DAKSHINA KANNADA. 5. K KRIPANATH BHANDARY S/O K RAGHUNATH BHANDARY AGED ABOUT 42 YEARS R/AT KAVOOR GUTHU HOUSE KAVOOR VILLAGE MANGALURU-575 006 DAKSHINA KANNADA. - 8 -
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6. T SUBBAYYA SHETTY S/O A KRISHNA SHETTY AGED ABOUT 67 YEARS R/AT FERNANDES COMPOUND LALBAGH, MANGALURU-575 003 DAKSHINA KANNADA. 7. LOHITHA S BHANDARY W/O K SHRIDHAR BHANDARY AGED ABOUT 65 YEARS R/AT B-3,MARIA APARTMENTS HOUSING CO-OP.SOCIETY LTD., 78 PALI HILL ROAD, BANDRA, MAUMBAI-400050. 8. SMT DIVYA SHETTY W/O TILAK SHETTY AGED ABOUT 41 YEARS R/A B-3 MARIA APARTMENTS HOUSING CO-OP.SOCIETY LTD., 78 PALI HILL ROAD, BANDRA, MUMBAI-400050. 9.
KUMARI SAHANA HEGDE D/O TILAKRAJ BALAKRISHNA HEGDE AGED ABOUT 17 YEARS R/AT B-3,MARIA APARMENTS HOUSING CO-OP.SOCIETY LTD., 78 PALI HILL ROAD BANDRA,MUMBAI-400050 BEING MINOR REPRESENTED BY MOTHER SMT DIVYA SHETTY
10. MASTER YASH HEGDE S/O TILAKRAJ BALAKRISHNA HEGDE AGED ABOUT 17 YEARS R/AT B-3,MARIA APARMENTS HOUSING CO-OP.SOCIETY LTD., 78 PALI HILL ROAD BANDRA,MUMBAI-400050 BEING MINOR REPRESENTED BY MOTHER SMT DIVYA SHETTY. - 9 -
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11. SMARAN BHANDARY S/O K SRIDHAR BHANDARY AGED ABOUT 37 YEARS R/AT R/AT B-3, MARIA APARMENTS HOUSING CO-OP.SOCIETY LTD., 78 PALI HILL ROAD, BANDRA, MUMBAI. 12. K JATHIN KRISHNA RAI S/O K PRAMOD KUMAR RAI AGED ABOUT 38 YEARS R/AT C-1103 CASA GRANDE,ATTAVAR MANAGALURU-575 001 DAKSHINA KANNADA
13. K KONARK RAI S/O K PRAMOD KUMAR RAI AGED ABOUT 31 YEARS R/AT C-1103 CASA GRANDE,ATTAVAR MANAGALURU-575 001 DAKSHINA KANNADA. 14. K RAGHUNATH BHANDARY SINCE DECEASED HIS LRS ALREADY ON RECORD AS MENTIONED BELOW RESPONDENT 3 HIS WIFE RESPONDENT 4 HIS SON RESPONDENT 5 HIS SON
SMT SHAKILA SHETTY W/O T.SUBBAYYA SHETTY AGED ABOUT 56 YEARS R/AT FERNANDES COMPOUND LALBAGH MANGALURU-575003, DAKSHINA KANNADA. 15. AVINASH RAI AGED ABOUT 26 YEARS,
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S/O KRISHNA PRASAD RAI, RESIDINGA AT "AKKAMMA", ASHWINI NAGAR, KASARGOD KERALA-671121 NOW RESIDING AT:
R/AT 503-B, JEEVAN BHARAT 17TH ROAD, KHAR WEST MUMBAI-400052. 16. ASHWATHI RAI AGED ABOUT 25 YEARS, D/O KRISHNA PRASAD RAI, RESIDINGA AT "AKKAMMA", ASHWINI NAGAR, KASARGOD, KERALA-671121 NOW RESIDING AT:
R/AT 503-B, JEEVAN BHARAT 17TH ROAD, KHAR WEST MUMBAI-400052. 17. SMT AVANTHI RAI AGED ABOUT 6 YEARS, W/O LATE THIMMAPPA RAI, RESIDING AT MAGANTHADI HOUSE, DERALAKATTE POST, MANGALURU-574160. 18. ATHAMARAM RAI AGED ABOUT 45 YEARS, S/O LATE THIMMAPPA RAI, RESIDING AT MAGANTHADI HOUSE, DERALAKATTE POST, MANGALURU-574160. 19. SMT SHRIKRIPA SHETTY AGED ABOUT 43 YEARS, D/O LATE THIMMAPPA RAI RESIDING AT MAGANTHADI HOUSE DERALAKATTE POST, MANGALURU-574160. 20.
SHRI RAM RAI AGED ABOUT 40 YEARS
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S/O LATE THIMMAPPA RAI RESIDING AT MAGANTHADI HOUSE, DERALAKATTE POST MANGALURU-574160. 21. SUDARSHAN RAI AGED ABOUT 69 YEARS, S/O LATE RAGHURAM RAI RESIDING AT "SHAMBHAVI" AYYAPPA SWAMY ROAD VIRAJPET-571218 KODAGU DISTRICT. 22. KUSHANATH RAI AGED ABOUT 65 YEARS, S/O LATE RAGHURAM RAI, RESIDING AT 2-4-252/1, KOTTARA CROSS, KUNTIKANA, BEJAI, MANGALURU-575003. ...RESPONDENTS
(BY SRI. CHANDRAKANTH ARIGA – ADVOCATE FOR RESPONDENT NO.1; SRI. RAJENDRA M S – ADVOCATE FOR RESPONDENT NO.6; SRI. K SHASHIKANTH PRASAD – ADVOCTE FOR RESPONDENTS NO.17 TO 20; RESPONDENTS NO. 2 TO4, 5, 7, 8, 11 TO 16, 21, 22 ARE SERVED AND UNREPRESENTED;
RESPONDENTS NO.9 & 10 ARE MINORS AND REP.BY GAURDIAN RESPONDENT NO.8)
THIS RFA FILED UNDER SECTION 96 R/W ORDER XLI, RULE 1 OF THE CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DTD 12.04.2017 PASSED IN OS.NO.48/2008 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE, MANGALURU., D.K.
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THESE RFAs, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
These appeals are directed against the judgment and decree rendered by the Court below in O.S.No.48/2008 dated
12.04.2017.
2. Learned counsel for the appellant Sri K.Chandranath Ariga is present before the Court physically. Appellant namely Smt.Shobha Pramod is appearing through video conferencing from Mangalore and she has been identified by the aforesaid counsel for the appellant and learned counsel for respondent No.5 namely, Sri M.S.Rajendra who is present before the Court physically.
3.
Learned counsel Sri Shashikanth Prasad K. for respondent Nos.18 to 21, learned counsel Sri Vivek Holla for respondent Nos.5 and 11, who is on record but represented by
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learned counsel Sri M.S.Rajendra. Learned counsel Smt.Latha S Shetty for respondent Nos.2, 3 and 6 is also present before the Court physically.
4. Respondent No.5 namely, Sri T.Subbayya Shetty is present before the Court physically inclusive of respondent No.21 namely Sri Ram Rai. Wherein the aforesaid Sri T.Subbayya Shetty ranked as respondent No.5 is the General Power of Attorney holder of respondents No.2, 3, 4, 6, 7(b), 8 and 11.
5. The proceedings in RFA No.1220/2017 is connected with proceeding in RFA No.1336/2017 and in this matter, learned counsel for the appellants namely Sri Sampat Anand Shetty is on record but he is represented by learned counsel namely Sri Ashok Mesta. In this matter, appellant namely Smt.Shambhavi, is not present before the Court physically and this submission is made by learned counsel Sri Ashok Mesta as that Smt.Shambhavi is aged about 88 years but she is no more. This submission is also made by
learned counsel Sri K.Shashikanth Prasad, who is present before the Court physically and the same is vouched by learned counsel representing the
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parties in both the matters. However, legal representatives of Smt.Lalitha has come on record in this appeal proceedings.
6. In this matter, learned counsel Sri K.Chandranath Ariga is for respondent No.1 and similarly,
learned counsel Sri K.Shashikanth Prasad for respondent Nos.17 to 20 and
learned counsel for respondent No.1 in this matter submits that Smt.Shobha Pramod, who is on record and respondent No.6 namely Sri T.Subbayya Shetty are present. The name of respondent No.6 is wrongly shown as Sri T.Subbayya Reddy and the same has been corrected in the presence of respondent No.6. 7. This matter was referred to mediation centre at Mangalore, Dakshina Kannada to explore the possibilities of amicable settlement of issues between the appellants and respondents. Accordingly, the mediation was successful and the parties settled the issue in between them and detailed mediation report is submitted before the Court. 8. Clause (xii) of the report reveals that “since the plaintiff and defendants No.2 to 10 have specifically agreed that properties in B Schedule Properties herein exclusively belonged to defendant No.13 and that they do not have any rights in the said
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property, amongst the legal heirs of Shambhavi the defendant No.14, 18 for self and as GPA Holder for Defendant No.15 and Defendant No.25 a) and b) who are the appellants in RFA 1336/2017 have signed this mediation agreement. Further, Plaintiff, Defendant No 2, Defendant No 5 (for self and as GPA Holder of Defendant No 12), 6, 7 have personally signed this Agreement. The Defendant No 3, 4, 7(a) 7(b), Defendant No 8, Defendant No. 25(a) and (b) have downloaded the finalized agreement and printed the same, signed, scanned and mailed it to the mediator expressing their concurrence. 9. Counsel for the parties in both the appeals submit that in terms of the mediation report, the parties have settled their issues amicably and have arrived at the settlement. This submission is taken on record. 10. Respondent No.5 namely Sri T.Subbayya Shetty and respondent No.21 namely Sri Ram Rai are present before the Court physically. Appellant namely Smt.T.Shobha Pramod is appearing through video conferencing inclusive of respondent No.9 namely Sri K.Jathin Krishna Rai and respondent No.10 Sri
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K.Konark Rai and they are appraised of the terms of the settlement arrived in between the parties to the proceedings. 11.
In pursuance of the mediation report respondent No.5 namely Sri Subbayya Shetty has handed over a Demand Draft for a sum of Rs.35 lakhs drawn in favour of appellant namely Smt.Shobha Pramod to her counsel namely Sri Chandranath K.Ariga. The counsel acknowledges receipt of the same. 12. Learned counsel Sri K.Chandranath Ariga for the appellant files a memo seeking direction to carry out the mutation of the properties as referred in the mediation report and as per the final decree. 13. Learned counsel Sri Rajendra M.S. for respondent No.5 has filed a memo in RFA No.1220/2017 stating that the parties to the above appeal have settled their disputes by entering into a settlement agreement before the learned Mediator, Mediation Centre, Mangalore. Having regard to the fact that Respondent Nos.3, 4, 7(a), 7(b) and 8 are residing abroad, the mediator had emailed them the scanned copy of the settlement agreement, which was physically signed by all of them and all of them have sent the physically signed copies of the same by post. However,
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by the time they could send the said signed copies to the Mediator, the Mediator had already sent his report annexing therewith the printout of the said agreements which bears the signatures of Respondent Nos.3, 4, 7(a), 7(b) and 8 along with the original settlement agreement. Hence, respondent No.5 has produced the copies of the settlement agreements which bears the original signatures of the aforesaid respondents. The memo is taken on record. 14. However, keeping in view the submission made by the
learned counsel on both the side in presence of the parties to the proceedings and the settlement arrived in between the parties in terms of mediation report, we proceed to pass the following:
ORDER
Appeals are hereby
disposed of. Consequently, the
judgment and decree rendered by the Court below in O.S.No.48/2008 dated 12.04.2017 is hereby modified in terms of the mediation report.
Registry is directed to draw the decree accordingly.
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The revenue authorities are hereby directed to mutate the revenue records in terms of the final decree.
Consequence upon disposal of the appeals, pending applications, if any, stands disposed of.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
AV/DKB