HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE B. MURALIDHARA PAI AND SRI PRASHANT MATHAPATI, MEMBER M.F.A.No.101765/2018 [P & S.C] (Lok Adalat No.1061/2025) BETWEEN: 1. SMT. RAJASHREE W/O. ASHOK SINGHE, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. GAVISIDDAN MADDI, TAL: ATHANI, DIST: BELAGAVI-591304. 2. KUMAR MANJUNATH S/O. ASHOK SINGHE, AGE: 18 YEARS, OCC: STUDENT, REPRESENTED BY MINOR GUARDIAN NATURAL MOTHER APPELLANT NO.1. ...APPELLANTS (BY SRI SANGAMESH S. GHULAPPANAVAR, ADVOCATE) 2 AND 1. THE MANAGER, STATE BANK OF INDIA, BR: UGAR BUDRUK, TAL: ATHANI, DIST: BELAGAVI-591304. 2. SMT. RAJASHREE W/O. ASHOK SINGHE, (D/O. BHAGAWANT BANASODE), AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. ANANTAPUR, TAL: ATHANI, DIST: BELAGAVI-591304. 3. SMT. GANGAWWA W/O. GURUBASU SINGHE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. SIDDHARTH NAGAR, ATHANI, TAL: ATHANI, DIST: BELAGAVI-581304. ….RESPONDENTS (BY SRI GIRISH S. HULMANI, ADVOCATE FOR R1; SRI SANJAY S. KATAGERI, ADVOCATE FOR R2 & R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF INDIAN SUCCESSION ACT, PRAYING TO THE ORDER DATED 21.03.2018 IN P & S.C. NO.5/2005 PASSED BY THE PRL. SENIOR CIVIL JUDGE, ATHANI, KINDLY BE SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER Appellant/petitioners and respondents No.2 and 3 along with their respective counsels are present as well as the learned counsel for respondent No.1/SBI is also present before the Lok-Adalat. 2. The parties have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC, which reads as under : “The Appellants and Respondents above named respectfully submit as follows: 1. The top noted Appeal is filed as against the Judgment and Order dated 21.03.2018 passed by the Prl. Senior Civil Judge, Athani in P & S.C. No. 5/2005, which was filed by the Appellants herein Under Section-372 of the Indian Succession Act, 1925 for Grant of Succession Certificate as against the Respondents herein. The said Petition was filed on Account of Death of Ashok S/o. Gurubasu Singhe @ Shinge who died on 12.07.2004 while 4 working as Messenger in State Bank of India, Ugar Budruk Branch, as then Athani Taluka of Belagavi District. 2. The said P & SC No.5/2005 came to be dismissed by the Trial Court as filed by the Appellants herein. Hence, this Appeal by the Petitioners /Appellants, who are claiming as Wife and Children of the deceased i.e. Appellant No.1 as First Wife and the Appellant No.2 is the Son to the deceased from the Appellant No.1. Whereas, the Respondent No.2 herein was held to be first Wife of the deceased and the Respondent No.3 is the Mother of the deceased. The Trial Court on the basis of Evidence and Documents has held that the Appellant No.1 herein is the Second Wife of the deceased, whereas the Appellant No.2 is the Son of the deceased Ashok. Thus, the Respondent No.2 herein was held to be the First Wife and the Respondent No.3 is the Mother of the deceased. 3. The Appellants and Respondents have Amicably Resolved the present Dispute and Agreed to settle the matter on the following Terms and Conditions set forth in this Compromise Petition. 5 (a) The Entire Service Benefits of deceased Ashok S/o. Gurubasu Singe, including of Gratuity, Provident Fund, and the entire Pension payable for the deceased Ashok Shinge till 31.10.2025, (Excluding Monthly Pension) Leave encashment, Insurance, Arrears, and all other terminal or Post-Service Monetary Benefits, shall be Divided among the Appellant No.2 and Respondents No.2 and 3 i.e., the appellant No.2 shall be entitle of 1/4 share and the respondent No.2 shall be entitle for 1/4 share and the respondent No.3 shall be entitle for 1/2 share. the said 50% share has been granted to the respondent No.3 herein on account of the medical Expenses and other expenses spend by her from her savings to the deceased Ashok Singe @ Shinge. The Appellant No.2 Kumar Manjunath S/o. Ashok Singhe. (Son of the deceased Ashok Singhe @ Shinge), The Respondent No. 2 Smt. Rajashree W/o. Ashok Singhe @ Shinge (D/o. Bhagawant Banasode) (First Wife of the deceased Ashok Singhe@ Shinge), and The Respondent No. 3 Smt. Gangawwa W/o Gurubasu Singhe @ Shinge (Mother of the deceased Ashok Singhe). 6 (b) The Respondent No.2 herein Rajashree W/o. Ashok Singhe @ Shinge (Daughter of C Bhagawant Banasode) is entitle for Monthly Pension on behalf of deceased Ashok Singhe From 01-11-2025 onwards and in this regard the Appellants herein as well as the Respondent No.3 shall not object for receiving the Monthly Pension by the Respondent No.2 throughout her Life or any period as prescribed from the Respondent No.1- Bank, as per the Regulation of the Bank. The Respondent No.1 - Bank shall carry out necessary process in this regard by granting the said Monthly Pension to the Respondent No.2 herein hence forth. (c) That, in respect of Appointment on Compassionate Ground, it is agreed by all the Parties herein that only the Appellant No.2 /Petitioner No. 2 Manjunath S/o. Ashok Singhe @ Shinge is entitled for such Appointment in the Respondent No.1-State Bank of India, through Ugar Budruk Branch. The Respondents and Appellant No.1 shall not object or interfere in any manner to the said process of Compensate Appointment in the said State Bank of India, which is the Public Sector Undertaking. The Competent Authority as well the Respondent 7 No.1 herein shall take steps to process the Papers to the said Appointment of the Appellant No.2 in Accordance with Law. Hence, the Appellant No.2 is only entitle for the Compensate Appointment as the Legal Heir of the deceased Ashok. G. Singhe @ Shinge. 4. This Compromise Petition is filed by the Appellants No.1 and 2 and the Respondents herein and they have arrived the same with their voluntarily consent and without coercion, force or undue influence in any manner. Thus, this Compromise Petition is lawful and not against the Public Policy between the parties and as such the same be kindly accepted by issuing Probate and Succession Certificate by allowing the said P & SC No.5/2005 by setting aside the dismissal Order of the Trial Court. 5. The main dispute is between the Appellants and the Respondents No.2 and 3 herein. Thus, the Respondent No.1 the State Bank of India, Ugar Budruk Branch, Taluka: Kagwad (Now) is the Formal Party. 6. Thus, in view of this Compromise Petition between the Parties, it is hereby declared that the Appellant No.2 is the Legitimate Son of the 8 deceased Ashok Singhe @ Shinge. Similarly, the Respondent No.2 herein is declared as the First Wife of the deceased Ashok Singhe and the Respondent No.3 is the Mother of the deceased. This aspect is Agreeable to the Appellant No.1 herein and she has no Objection in this regard. 7. That, in the Present Compromise Petition the Interest, Rights etc of the Appellants and Respondents No.2 and 3 are involved and as such they humbly request this Hon'ble Court be please to Record this Compromise with the above Terms and Conditions. 8. Thus, the above contents are true and correct to the best of our knowledge, belief and Information and the same are stated as per our instructions. Further, the same are Read over in the language known to us and after understanding the same, we have signed on it. For the reasons stated above, it is most humbly prayed by the Appellants No.1 and 2 and the Respondents No.2 and 3 herein to this Hon'ble Court be please to Accept this Compromise Petition by setting aside the Impugned Judgment and Order dated: 21-03- 2018 passed in P & SC No.5/2005 by the 9 Learned Principal Senior Civil Judge, Athani, by allowing this Appeal as prayed, in the Interest of justice & equity.” 3. The parties have filed voluntarily subscribed their signatures to the compromise petition having understood the consequences. The terms of the compromise entered into between the parties are legal. Hence, the following : ORDER (i) The compromise petition filed under Order XXIII Rule 3 read with Section 151 of CPC is accepted. (ii) The appeal is disposed of in terms of the compromise petition. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN 10 11 12 13 14 15 16 17 18