- 1 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 535 OF 2011 (DEC) BETWEEN: 1. SUMATHI SHEDTHY AGED ABOUT 54 YEARS, D/O LATE KAMALA SHEDTHY, SINCE DECEASED REP. BY HER LRS 1(a) K. VASANTH KUMAR SHETTY AGED ABOUT 68 YEARS, S/O LATE DR. RAJEEV SHETTY & LATE SMT. SUMATHI R. SHETTY, R/AT 103, VIJAYANAGAR COURT APARTMENT, 82 C.H.B.C.S LAYOUT, 5TH MAIN, 21ST CROSS, VIJAYANAGAR, BENGALURU-560 040. 1(b) SMT. BHARATHI S SHETTY AGED ABOUT 66 YEARS D/O LATE DR. RAJEEV SHETTY & LATE SMT. SUMATHI R. SHETTY, R/AT FLAT NO.D-404, RENAISSANCE BRINDAVAN, UTTARAHALLI MAIN ROAD, BENGALURU-560 046. 1(c) K. BALAKRISHNA SHETTY AGED ABOUT 64 YEARS, D/O LATE DR. RAJEEV SHETTY & LATE SMT. SUMATHI R. SHETTY, R/AT F4 PSR RESIDENCY BLOCK 1, KRISHNAPPA BLOCK, 5TH MAIN, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 6TH CROSS, GANGANAGAR EXT., R.T. NAGAR POST, BENGALURU-560 032. 1(d) SMT. VADANA RAVIRAJ SHETTY AGED ABOUT 55 YEARS, D/O LATE DR. RAJEEV SHETTY & LATE SMT. SUMATHI R SHETTY, R/AT NO.3 A, SRIRAKSHA, 3RD MAIN, 3RD CROSS, 5TH STAGE, 1ST PHASE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU-560 098. 2. KARUNAKARA SHEDTHY AGED ABOUT 81 YEARS, S/O LATE SHESHAMMA SHEDTHI, SINCE DEAD BY LRS 2(a) SHOBHA K SHETTY AGED ABOUT 64 YEARS, W/O LATE KARUNAKAR M SHETTY, R/AT PRATIKSHA, NO.199, 2ND CROSS, 1ST BLOCK, KORAMANGALA, BANGALORE-560 034. 2(b) PRASAD SHETTY AGED ABOUT 42 YEARS, S/O LATE KARUNAKAR M SHETTY, R/AT PRATIKSHA, NO.199, 2ND CROSS, 1ST BLOCK, KORAMANGALA, BANGALORE-560 034. 2(c) PRADEEP SHETTY AGED ABOUT 40 YEARS, S/O LATE KARUNAKAR M SHETTY, R/AT PRATIKSHA, NO.199, 2ND CROSS, 1ST BLOCK, KORAMANGALA, BANGALORE-560 034. 2(d) PREETAM SHETTY AGED ABOUT 38 YEARS, - 3 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 S/O LATE KARUNAKAR M SHETTY, R/AT PRATIKSHA, NO.199, 2ND CROSS, 1ST BLOCK, KORAMANGALA, BANGALORE-560 034. 3. VEENA @ YASHODA AGED ABOUT 71 YEARS, D/O LATE SHESHAMMA SHEDTHI, 4. ARUN KUMAR SHETTY AGED ABOUT 67 YEARS, S/O LATE SHESHAMMA SHEDTHI, 5. SMT. LEELAVATHI AGED ABOUT 65 YEARS, D/O LATE SHESHAMMA SHEDTHI, SINCE DEAD BY LRS APPELLANT NOS.3, 4, 6 & 8 6. SMT. BHARATHI AGED ABOUT 63 YARS, D/O LATE SHESHAMMA SHEDTHI, 7. SMT. ACHALA AGED ABOUT 61 YEARS, D/O LATE SHESHAMMA SHEDTHI, SINCE DEAD BY LRS APPELLANT NO.3, 4, 6 & 8 8. SMT. NIRMALA AGED ABOUT 59 YEARS, D/O LATE SHESHAMMA SHEDTHI, 9. GANESHA AGED ABOUT 57 YEARS, S/O LATE SHESHAMMA SHEDTHI, SINCE DEAD BY LRS 9(a) SUVIDHA SHETTY AGED ABOUT 45 YEARS, S/O LATE GANESH SHETTY, - 4 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 R/AT ANUGRAHA 1-168, VENKATAYYA HEGDE ROAD, PARIKA ATHRADI POST, UDUPI-576 107. 10. SMT. SUGANDHI AGED ABOUT 55 YEARS, D/O LATE SHESHAMMA SHEDTHI, 11. SRIDHARA SHETTY AGED ABOUT 91 YEARS, S/O LATE SEETHA SHEDTHI, SINCE DEAD BY LRS APPELLANT NO.12 12. VISHALAKSHI SHEDTHI AGED ABOUT 67 YEARS, D/O LATE SEETHA SHEDTHI, ALL ARE RESIDING AT KEDIYOOR VILLAGE, UDUPI TALUK, POST KEDIYOOR. …APPELLANTS (BY SMT. LATHA S. SHETTY, ADVOCATE) AND: BUKKA SHETTY (SINCE DECEASED REPRESENTED BY HER LRS) RATHNA SHETTY (SINCE DECEASED REPRESENTED BY HER LRS) 1. K. UDAYA KUMAR SHETTY AGED ABOUT 75 YEARS, S/O LATE BUKKA L. SHETTY, 2. K. CHANDRAKANTH SHETTY AGED ABOUT 72 YEARS, S/O LATE BUKKA L. SHETTY, - 5 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 3. K. DHANYARAJ SHETTY AGED ABOUT 71 YEARS, S/O LATE BUKKA L. SHETTY, K. BALAKRISHNA SHETTY SINCE DECEASED BY HIS LR 4. SMT. KUMUDA AGED ABOUT 60 YEARS, D/O LATE BUKKA L. SHETTY, 5. ROHIT SHETTY AGED ABOUT 39 YEARS, IS GRAND SON OF LATE BUKKA L. SHETTY, 6. MISS PAVTHIRA AGED ABOUT 36 YEARS, IS GRAND DAUGHTER OF LATE BUKKA L. SHETTY, APPELLANTS NO.1 TO 6 R/AT BADAGU MANE, KEDIYOOR VILLAGE, POST: KEDIYOOR, UDUPI TALUK. 7. INDIRA AGED ABOUT 57 YEARS, D/O LATE RATHNA SHETTY, 8. JYOTHISCHANDRA AGED ABOUT 49 YEARS, S/O LATE RATHNA SHETTY, 9. GIRISHCHANDRA AGED ABOUT 47 YEARS, S/O LATE RATHNA SHETTY, APPELLANT NO.7 TO 9 ARE RESIDING AT BADAGU MANE, KEDIYOOR VILLAGE, POST: KEDIYOOR, UDUPI TALUK. - 6 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 10. GEETHA AGED ABOUT 48 YEARS, W/O LATE K. BALAKRISHNA SHETTY, 11. MASTER SONU MINOR, S/O LATE K. BALAKRISHNA SHETTY, REP. BY NEXT FRIEND MOTHER RESPONDENT NO.10 RESPONDENT NO.10 AND 11 ARE R/AT ATHAMANA NAGAR, T.J.CHAMBERS, CHINCH ROAD, PUNE. …RESPONDENTS (BY SRI. SAMARTH SHREEDHAR, ADVOCATE FOR R1 TO R4, R6 TO R11; R5 IS GPA HOLDER FOR R1 TO R4, R6 TO R11; V/O. DATED 19.06.2024, R1, R3 & R4 ARE LRS OF DECEASED R2) THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO (A) CALL FOR RECORDS IN R.A.NO.114/1996 BEFORE THE FAST TRACK COURT AT UDUPI; (B) SET ASIDE THE JUDGMENT AND DECREE DATED 31.8.1996 IN O.S.NO.87/1995 PASSED BY THE PRINCIPAL MUNSIFF, UDUPI AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 7 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 ORAL JUDGMENT This appeal is arising from the divergent finding in a suit for declaration and injunction. The suit was initially dismissed. Thereafter, an appeal is filed in RA No.114/1996 on the file of the Fast Track at Udupi, challenging the judgment and decree in O.S.No.87/1995 on the file of the Principal Civil Judge (Jn.Dvn.), Udupi, was allowed. Consequently, the suit is decreed. Hence, the defendants are before this Court in the second appeal. 2. Learned counsel for the appellants and learned counsel appearing for respondents No.1 to 4 and 6 to 11 jointly submit that the parties have entered into settlement and terms of the settlement are reduced into writing. 3. Power of Attorney holder of the appellants is present before the Court. - 8 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 4. Respondent No.5 is present before the Court and he represents the remaining respondents as Power of Attorney holder. 5. The dispute is relating to Sy.No.46/10 measuring 57 cents in Kidiyoor village, Udupi Taluk. The Power of Attorney holder of the appellants and the Power of Attorney holder of the respondents who are present before the Court jointly submit that they have voluntarily entered into settlement after understanding the terms and conditions incorporated in the compromise petition filed today. The terms and conditions are as under: “1. That the Appellants and Respondents as per the original oral partition in the year 1935 have agreed to divide the property bearing Sy.No.46/10 measuring 57 cents (0.57 Acres) situated in Kidiyur Village, Udupi Taluk, Kidiyur-576 148 equally amongst the four Kavaru’s (i.e. Seethamma Shedthi Kavaru, Muthakka Shedthy Kavaru, Kavu Shedthy Kavaru & Snaki Shedhti Kavaru). 2. That the appellant and respondents agree to set aside the finding in order dated 12.11.2010 in R.A.No.114/1996 passed by the Fast Track Court, Udupi and confirm the order dated 31.8.1996 in O.S.No.87/1995.” - 9 - HC-KAR NC: 2025:KHC:28233 RSA No. 535 of 2011 6. This Court after going through the terms and conditions of the settlement is of the view that the settlement is lawful and there is no impediment to accept the terms of the settlement. 7. Accordingly, the compromise petition is accepted. The impugned judgments and decrees passed by the trial Court and First Appellate Court are modified in terms of the compromise petition. Registry to draw decree accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE TL List No.: 1 Sl No.: 38