PUSHPALATA W/O LATE R SHYAM SUNDER v. THE STATE OF ANDHRA PRADESH
MFA/102381/2022 · 2025-10-29
Geetha K B, S G Pandit
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 85618 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85618 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14616-DB MFA No. 102381 of 2022
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 102381 OF 2022 (FC) BETWEEN:
SMT. PUSHPALATA W/O. LATE R. SHYAM SUNDER AGE. 30 YEARS, OCC. GOVERNMENT SERVICE, R/O. 19/19, SANTA BAZAAR, LJA MANDALAM, MEHABOOB NAGAR DISTRICT, ANDHRA PRADESH-509127. …APPELLANT (BY SRI. SABEEL AHMED, ADVOCATE)
AND:
1.
THE STATE OF ANDHRA PRADESH REPRESENTED BY THE SUPERINTENDENT OF POLICE, MEHABOOB NAGAR, DISTRICT, ANDHRA PRADESH-509001.
2.
THE STATE OF ANDHRA PRADESH REPRESENTED BY THE DIRECTOR, GENERAL OF POLICE HYDERABAD-500004.
3.
RAMANJINAMMA @ R.
SUHEELAMMA W/O. LATE R. SHYAM SUNDER,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 10:41:30 +0530
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HC-KAR NC: 2025:KHC-D:14616-DB MFA No. 102381 of 2022
AGE. MAJOR, OCC. HOUSE-WIFE, R/O. GANDHI NAGAR, BALLARI-583103. …RESPONDENTS (BY SRI. A.M. MALIPATIL, ADVOCATE FOR R1;
SRI. B.S. SANGATI, ADVOCATE FOR R3;
NOTICE SERVED TO R2)
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 08.12.2021 PASSED IN O.S.NO.22/2018 BY THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI, AND TO ALLOW THIS APPEAL BY PASSING APPROPRIATE ORDERS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above appeal is under Section 19(1) of the Family Court Act, 1984 questioning the
judgment dated 08.12.2021 in O.S.No.22/2018 on the file of the Principal Judge, Family Court, Ballari, whereunder the suit of the plaintiff-respondent No.3 herein was allowed. 2. During the pendency of the above appeal, the parties i.e., appellant and respondent No.1 with the
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HC-KAR NC: 2025:KHC-D:14616-DB MFA No. 102381 of 2022
intervention of elders have entered into compromise and filed compromise petition under Order XXIII Rule 3 of CPC dated 24.10.2025. Said compromise petition was filed before this Court on 24.10.2025 and on the said date, appellant as well as respondent No.3/plaintiff were present before the Court. 3. Today, learned counsel for respondents No.1 and 2 i.e., defendants No.1 and 2 before the Trial Court-State of Andhra Pradesh represented by Director General of Police filed memo dated 29.10.2025 stating that they would forward necessary papers to the Accountant General for release of the monthly family pension in favour of respondent No.3 herein in terms of the compromise petition. 4. The terms of the compromise arrived at between the appellant and respondent No.3 reads as follows:
“3. The Appellant hereby voluntarily agrees and undertakes to relinquish and forego all her rights, title, and claim over the family pension arising from the services of her deceased husband, Late R. Shyam Sunder, who was serving as a Police Constable in the District Crime Record Branch, Mehaboob
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HC-KAR NC: 2025:KHC-D:14616-DB MFA No. 102381 of 2022
Nagar, Andhra Pradesh. The Appellant expressly consents that the sald family pension shall henceforth be sanctioned and released in favour of Respondent No. 3, and shall be drawn and paid to her from the month of October 2025 onwards in accordance with law and departmental procedure. 4. It is further expressly agreed between the parties that Respondent No.3 shall not be entitled to or claim any arrears of pension for the period prior to October 2025, and that the payment of pension to Respondent No.3 shall commence only prospectively from the said month. Respondent No.3 unequivocally undertakes that she shall not raise any claim or demand in future, either before any Court, Tribunal, or Department, seeking arrears of pension, family benefits, or any other monetary or service-related benefit arising out of the employment of Late R. Shyam Sunder. 5.
In consideration of the above understanding, Respondent No.3 hereby further declares that she has no objection whatsoever to the Appellant retaining all other terminal benefits of the deceased employee which have already been released in her favour, and also to the Appellant's continued service and employment obtained under the compassionate appointment quota, which shall remain undisturbed and free from any objection, interference, or contest by Respondent No. 3 at any point of time hereafter. 6. Both parties affirm that the present compromise is being executed voluntarily, out of their free will and consent, without any coercion, threat, or undue influence from any corner, and with a clear intention to conclude the dispute finally and Irrevocably. They further declare that the present settlement fully and finally resolves all Issues, rights, and
contentions between them relating to the subject matter of O.S. No.22/2018, its decree dated 08-12-2021, and the present appeals there from.
7. It is further agreed that Respondent No.3 shall not institute or pursue any civil, criminal, or administrative proceedings in future against the Appellant, her employer, or any department of the Government of Andhra Pradesh, in respect of the service, pensioner, or terminal benefits of Late R. Shyam Sunder, and the decree passed in O.S. No.22/2018 shall stand satisfied to the extent of this compromise. The parties accordingly request that this Hon'ble Court be pleased to record this compromise under Order XXIII Rule 3 CPC, modify the impugned judgment and decree in terms of the present settlement, and dispose of the appeals accordingly.”
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HC-KAR NC: 2025:KHC-D:14616-DB MFA No. 102381 of 2022
5. The compromise petition is signed by the appellant, respondent No.3 and their learned counsels respectively. We have gone through the terms of the compromise and the same are in accordance with law.
6. The appeal stands disposed of in terms of the compromise petition filed by appellant and respondent No.3 as well as in terms of the memo dated 29.10.2025 filed by respondents No.1 and 2.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
SH Ct-cmu LIST NO.: 1 SL NO.: 46