Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO.1096 OF 2010 (DEC/INJ) C/W REGULAR FIRST APPEAL NO.1089 OF 2010 REGULAR FIRST APPEAL NO.1095 OF 2010 REGULAR FIRST APPEAL NO.1097 OF 2010
IN RFA No. 1096/2010 BETWEEN:
1.
SMT. RADHA G. RAO.
W/O LATE B GURUNATH RAO SINCE DECEASED REPRESENTED BY HER LRS,
(APPELLANTS 2, 3 AND 4 ARE TREATED AS L.RS OF APPELLANT 1 VIDE COURT
ORDER DATED 03.01.2019)
2.
SRI PREMANAND BAINDUR S/O (LATE) B.GURUNATH RAO, AGED ABOUT 51 YEARS, RESIDING AT NO.6, 1ST MAIN, 11TH CROSS (LEFT SIDE) VIGNAN NAGAR, BENGALURU- 560 044.
3.
SMT.DEVIKA BAINDUR D/O (LATE) B.GURUNATH RAO, AGED ABOUT 45 YEARS, NO.661, SUBRAMANYA NILAYA, 12TH CROSS, 6TH MAIN ROAD,
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
MC LAYOUT, VIJAY NAGAR BANGALORE- 560 040.
4.
DR NANDKISHORE BAINDUR S/O LATE B. GURUNATH RAO AGED ABOUT 49 YEARS, REPRESENTED BY GPA HOLDER SRI PREMANAND BAINDUR RESIDING AT NO.6, 1ST MAIN, 11TH CROSS (LEFT SIDE) VIGNAN NAGAR, BENGALURU- 560 044.
…APPELLANTS (BY SRI.S. VIVEKANANDA, ADVOCATE FOR SMT. V GANGA BAI., ADVOCATE;
VIDE ORDER DATED 03.01.2019, A2,A3 & A4 ARE THE LRS OF DECEASED A1)
AND:
1.
SMT.CHANDRAMATHI R TRASI, W/O (LATE )R.S TRASI SINCE DECEASED REPRESENTED BY HER LRS
1(A) SMT. LATHA.D BASRUR D/O (LATE) SMT CHANDRAMATHI R TRASI, SINCE DECEASED REPRESENTED BY HER LRS.
1(A)(i) NAMITHA BASURU D/O (LATE) LATA D BASRUR, AGED ABOUT 57 YEARS RESIDING AT NO.306, ADMIRALTY MANOR 6TH MAIN, 14TH CROSS, INDIRA NAGAR 2ND STAGE, BENGALURU- 560 008.
- 3 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
1(A)(ii) SARITHA BASRUR D/O ( LATE) LATA D BASRUR AGED ABOUT 53 YEARS R/AT A-205, ADMIRALTY AVENUE 6TH MAIN, 13TH CROSS, INDIRA NAGAR 2ND STAGE, BENGALURU- 560 008.
[R1A(i) & (ii) AMENDED VIDE COURT
ORDER DATED 29.01.2026]
1(B) SRI. SATISHCHANDRA R TRASI S/O (LATE) CHANDRAMATHI R TRASI, AGED ABOUT 66 YEARS RESIDING AT NO.44/1- FIRST FLOOR, 11TH MAIN, MALLESWARAM(WEST), BANGALORE- 560 055.
1(C) DILIPCHANDRA R TRASI S/O (LATE) CHANDRAMATHI R TRASI AGED ABOUT 60 YEARS RESIDING AT NO.A II/2, DATTAPRASAD CO-OP.HOUSING SOCIETY, 10TH MAIN, MALLESWARAM, BENGALURU- 560 003.
1(D) DR PRADEEPCHANDRA R TRASI S/O (LATE) CHANDRAMATHI R TRASI AGED ABOUT 58 YEARS RESIDING AT NO.A-4 ATMA APARTMENTS, 64-10TH MAIN ROAD, MALLESHWARAM, BENGALURU- 560 003.
R1 (A) TO (D) AMENDED VIDE COURT
ORDER DATED 07.12.2011
- 4 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
2.
DR. SEETHARATNA V KALYANPUR RAO W/O. (LATE) V.M KALYANPUR RAO, SINCE DECEASED REPRESENTED BY HER LRS.
2(A) PADMINI BANERJEE, D/O (LATE) DR SEETHARATNA V KALYANPUR RAO, AGED ABOUT 58 YEARS, RESIDING AT NO.121, ROCKY GLEN ROAD, OXFORD P.A.19363, U.S.A.
2(B) PRATIBHA KALYANPUR RAO, D/O (LATE) SEETHARATHNA V KALYANPUR RAO, AGED ABOUT 53 YEARS, RESIDING AT FLAT NO.12, RUBAIX APARTMENTS PLOT NO.400, 1ST FLOOR, 14TH ROAD, KHAR (W), MUMBAI- 400 052.
2(C) PRAVINA KILPADY, D/O (LATE) SEETHARATHNA V KALYANPUR RAO AGED ABOUT 51 YEARS RESIDNG AT 3A, GREENVIEW APARTMENTS, DADA BADI, MEHRAULI, NEW DELHI – 110030.
[R2(A) TO (C) AMENDED VIDE COURT
ORDER DATED 17.09.2012]
3.
SMT. LATA A SHIRALI W/O (LATE) A.R SHIRALI AGED ABOUT 70 YEARS, RESIDING AT NO.183, SOUTH CITY 1, GURGAON, HARYANA- 122 001.
4.
SMT TARA M MANKIKAR W/O (LATE) M.M MANKIKAR AGED ABOUT 66 YEARS, 707, SHRI CHITRAPUR,
- 5 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
CO-OPERATIVE HOUSING SOCIETY LTD.
68, 15TH CROSS, MALLESWARAM (W), BANGALORE-560 055.
RESPONDENTS 1 TO 4 RERESENTED BY THEIR GPA HOLDER SRI PRADEEP CHANDRA R TRASI [RESPONDENT 1(D)]
5.
SHRI CHITRAPUR CO-OPERATIVE HOUSING SOCIETY LIMITED, NO.68,15TH CROSS, MALLESWARAM(W), BANGALORE- 560 055.
REPRESENTED BY ITS CHAIRMAN AND AUTHORIZED SIGNATORY, SRI. SUDHAKAR KUMBLE. …RESPONDENTS (BY SRI. S N PRASHANTH CHANDRA, ADVOCATE FOR R1(A) (i) & (ii), R1 (B) TO (D), R2 (A TO C), R3 & R4;
VIDE ORDER DATED 07/02/2011, SRI.N.D.SATISH CHANDRA, ADVOCATE FOR R5 (VK NOT FILED)
THIS RFA FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:26.02.2010 PASSED IN O.S.2038/1995 ON THE FILE OF THE VIII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
IN RFA NO. 1089/2010 BETWEEN:
1. SHRI. CHITRAPUR CO-OPERATIVE HOUSING SOCIETY LIMITED NO.68, 15TH CROSS, MALLESHWARAM, BANGALORE-560 055,
- 6 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
REPRESENTED BY ITS CHIEF EXECUTIVE AND HON.SECRETARY, SRI R.N. GERSAPPA. ...APPELLANT (BY SRI. N.D. SATISHCHANDRA.,ADVOCATE) AND:
1.
SMT. CHANDRAMATHI R TRASI W/O SRI R TRASI SINCE DECEASED BY HER LRS
1(A) SMT. LATHA.D BASRUR D/O (LATE) SMT CHANDRAMATHI R TRASI, SINCE DECEASED BY HER LRS
1(A)(i) SMT. NAMITHA BASRUR W/O SRI GIRISH RAO, D/O LATE LATHA DUGANAND BASRUR AGED ABOUT 57 YEARS R/AT NO.306, ADMIRALTY MANOR 6TH MAIN, 14TH CROSS, INDIRA NAGAR,2ND STAGE, BANGALORE- 560 008.
1(A)(ii) SMT. SARITHA BASRUR D/O LATE LATHA DUGANAND BASRUR AGED ABOUT 53 YEARS R/AT A-205, ADMIRALTY MANOR 6TH MAIN,14TH CROSS INDIRA NAGAR, 2ND STAGE, BANGALORE- 560 008.
[R1A (i) and (ii) AMENDED VIDE COURT
ORDER DATED 22.01.2026]
1(B) TRASI SATISHCHANDRA R S/O LATE CHANDRAMATI TRASI AGED ABOUT 66 YEARS,
- 7 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
R/AT 44, 17A CROSS, 11TH MAIN, MALLESHWARAM (WEST) BANGALORE- 560 055.
1(C) TRASI DILIPCHANDRA R S/O LATE CHANDRAMATI TRASI AGED ABOUT 60 YEARS A II/2 DATTAPRASAD CO-OP HOUSING SOCIETY 10TH MAIN, MALLESHWARAM, BANGALORE- 560 003.
1(D) TRASI PRADEEP CHANDRA R S/O (LATE) CHANDRAMATHI R TRASI AGED ABOUT 58 YEARS RESIDING AT NO.A-4 ATMA APARTMENTS, 64-10TH MAIN ROAD, MALLESHWARAM, BENGALURU- 560 003.
R1(A) TO (D) AMENDED VIDE COURT
ORDER DATED 30.03.2011]
2.
DR SMT SEETHARATNA V KALYANPUR RAO SINCE DECEASED BY LRS
2(A) SMT. PADMINI BANERJEE, D/O LATE SEETHARATHNA V KALYANPUR RAO, AGED ABOUT 58 YEARS ROCKY GLEN, OXFORD P.A.19363, U.S.A.
2(B) SMT. PRATIBHA KALYANPUR RAO, D/O LATE SEETHARATHNA V. KALYANPUR AGED ABOUT 53 YEARS FLAT NO.12, RUBAIX APARTMENTS PLOT NO.400, 1ST FLOOR, 14TH ROAD, KHAR (W), MUMBAI- 400 052.
2(C) SMT. PRAVINA KILPADY D/O LATE SEETHARATHNA V KALYANPUR,
- 8 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
AGED ABOUT 51 YEARS 3A, GREEN VIEW APARTMENTS, DADA BADI, MEHRAULI, NEW DELHI- 110 030.
[R(A) TO (C) AMENDED VIDE COURT
ORDER DATED 17.09.2012]
3. SMT LATA A SHIRALI W/O SRI A R SHIRALI, AGED ABOUT 75 YEARS NO.104, SHASHI KIRAN 18TH CROSS, MALLESWHARAM BANGALORE-560 055. 4. SMT TARA M MANKIKAR W/O SRI M M MANKIKAR AGED ABOUT 71 YEARS R/AT NO.707, SHRI CHITRAPUR CO-OPERATIVE HOUSING SOCIETY LTD., NO.68, 15TH CROSS, MALLESHWARAM BANGALORE-560 055. 5. SMT RADHA G RAO W/O LATE B GURUNATH RAO SINCE DECEASED REPRESENTED BY LRS RESPONDENT NO.6,7 AND 8. [RESPONDENTS 6, 7 AND 8 ARE TREATED AS L.Rs OF R5 VIDE COURT ORDER DATED 03.01.2019]
6. SRI PREMANAND BAINDUR S/O LATE B GURUNATH RAO, AGED ABOUT 50 YEARS PRESENTLY R/AT NO.6, 1ST MAIN,
- 9 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
11TH CROSS, (LEFT SIDE), VIGNAN NAGAR, BANGALORE-560 073. 7. SMT DEVIKA BAINDUR D/O LATE B GURUNATH RAO W/O SRI DINESH AGED ABOUT 44 YEARS, PRESENTLY R/AT NO.661 , 12TH CROSS, M C LAYOUT, VIJAYNAGAR, BANGALORE- 560 040. 8. DR NANDKISHORE BAINDUR S/O LATE B GURUNATH RAO AGED ABOUT 48 YEARS PRESENTLY R/AT NO.6, 1ST MAIN, 11TH CROSS,( LEFT SIDE), VIGNAN NAGAR, BANGALORE-560 073. ...RESPONDENTS (BY SRI.S.N. PRASHANTH CHANDRA, ADVOCATE FOR R1(A) (i) & (ii), R1(B TO D), R2(A TO C) & R3 & R4;
SRI.S. VIVEKANANDA, ADVOCATE FOR R5 TO R8;
VIDE ORDER DATED 03.01.2019, R6,R7 AND R8 ARE TREATED AS LRS OF R5)
THIS REGULAR FIRST APPEAL IS FILED U/S 96 O-41, R-1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.02.2010 PASSED IN O.S.2038/1995 ON THE FILE OF THE VIII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. - 10 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
IN RFA NO. 1095/2010 BETWEEN:
1. SMT RADHA G RAO W/O LATE B GURUNATH RAO SINCE DECEASED REPRESENTED BY HER LRS APPELLANTS 2 AND 3 VIDE COURT ORDER DATED 03.01.2019)
2. SRI PREMANAND BAINDUR S/O B GURUNATH RAO AGED ABOUT 51 YEARS,
3. SMT.DEVIKA BAINDUR D/O B GURUNATH RAO AGED ABOUT 45 YEARS,
ALL RESIDING AT NO.6, 1ST MAIN, 11TH CROSS (LEFT SIDE), VIGNAN NAGAR, BENGALURU-560 044. 4. DR. NANDKISHORE BAINDUR S/O LATE B.GURUNATH RAO, AGED ABOUT 49 YEARS
REPRESENTED BY GPA HOLDER SRI PREMANAND BAINDUR, NO.6, 1ST MAIN, 11TH CROSS(LEFT SIDE), VIGNAN NAGAR, BENGALURU-560 044.
...APPELLANTS (BY SRI.S VIVEKANANDA, ADVOCATE FOR SMT.V GANGABAI,ADVOCATE, VIDE ORDER DATED 3.01.2019, A2, A3 & A4 ARE THE LRS OF DECEASED A1)
- 11 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
AND:
1. SMT. CHANDRAMATHI R TRASI W/O R.S TRASI SINCE DECEASED REPRESENTED BY HER LRS
1(A) SMT. BASRUR LATHA D (DIED) D/O SRI CHANDRAMATHI TRASI, AGED ABOUT 68 YEARS KT GANESH APARTMENT, NO.65, 10TH MIN,MALLESWARAM, BANGALORE- 560 003. 1(A)(i) SMT. NAMITHA BASURU W/O SRI GIRISH RAO, D/O LATE LATHA DUGANAND BASRUR AGED ABOUT 57 YEARS R/AT NO.306, ADMIRALTY MANOR 6TH MAIN, 14TH CROSS, INDIRA NAGAR,2ND STAGE, BANGALORE- 560 008. 1(A)(ii) SMT. SARITHA BASRUR D/O LATE LATHA DUGANAND BASRUR AGED ABOUT 53 YEARS R/AT A-205, ADMIRALTY MANOR 6TH MAIN,14TH CROSS INDIRA NAGAR,2ND STAGE, BANGALORE- 560 008. [R1A(i) & (ii) AMENDED VIDE COURT COURT ORDER DATED 29.01.2026]
1(B) SRI TRASI SATISHCHANDRA R S/O SRI CHANDRAMATHI TRASI AGED ABOUT 66 YEARS, 44, 17TH CROSS, 11TH MAIN, MALLESWARAM, (WEST), BANGALORE-560 055. - 12 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
1(C) SRI TRASI DILIPCHANDRA R S/O SRI CHANDRAMATHI TRASI, AGED ABOUT 60 YEARS A II/2, DATTAPRASAD COOP, HOUSING SOCIETY, 10TH MAIN, MALLESWARAM, BANGALORE- 560 003. 1(D) DR PRADEEPCHANDRA R TRASI S/O (LATE) CHANDRAMATHI R TRASI AGED ABOUT 58 YEARS RESIDING AT NO.A-4 ATMA APARTMENTS, 64-10TH MAIN ROAD, MALLESHWARAM, BENGALURU- 560 003. [R1 (A) TO (D) AMENDED VIDE COURT
ORDER DATED 07.12.2011]
2.
DR. SEETHARATHNA V KALYANPUR RAO (DIED) W/O LATE V.M KALYANPUR RAO SINCE DECEASED REPRESENTED BY HER LRS
2(A) SMT. PADMINI BANERJEE, D/O LATE SEETHARATHNA V KALYANPPUR RAO, AGED 58 YEARS, ROCKY GLEN, OXFORD, P.A.19363, U.S.A.
2(B) SMT. PRATIBHA KALYANPUR RAO, D/O LATE SEETHARATHNA V KALYANPUR RAO AGED 53 YEARS FLAT NO.12, RUBAIX APARTMENTS PLOT NO.400, 1ST FLOOR, 14TH ROAD, KHAR (W)MUMBAI- 400 052.
2(C) SMT. PRAVINA KILPADY D/O LATE SEETHARATHNA V KALYANPUR RAO AGED 51 YEARS, 3A, GREEN VIEW APARTMENTS, DADA BADI, MEHRAULI,
- 13 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
NEW DELHI- 110 030.
[R2(A) TO (C) AMENDED VIDE COURT
ORDER DATED 17.09.2012]
3.
SMT LATA A SHIRALI W/O A.R SHIRALI AGED ABOUT 70 YEARS, NO.104, SHASHI KIRAN, 18TH CROSS, MALLESWARAM, BANGALORE- 560 055.
4.
SMT TARA M MANKIKAR W/O M.M MANKIKAR AGED 66 YEARS, 707, SHRI CHITRAPUR CO-OPERATIVE HOUSING SOCIETY LTD.68, 15TH CROSS, MALLESWARAM, BANGALORE- 560 055. ...RESPONDENTS (BY SRI. S.N.PRASHANTH CHANDRA, ADVOCATE FOR R1(A) (i)& (ii)), R1 (B TO D), R2 (A TO C) & R3 & R4) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 26.02.2010 PASSED IN O.S.1493/1995 ON THE FILE OF THE VIII ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR RENDERING TRUE AND CORRECT ACCOUNT OF LATE SMT.B.KRISHNA BAI.
IN RFA NO. 1097/2010 BETWEEN:
1.
SMT RADHA G RAO W/O LATE B GURUNATH RAO
- 14 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
SINCE DECEASED REPRESENTED BY HER LRS APPELLANTS 2, 3 AND 4 VIDE COURT ORDER DATED 03.01.2019
2.
SRI PREMANAND BAINDUR S/O B GURUNATH RAO AGED ABOUT 50 YEARS,
3.
DEVIKA BAINDUR D/O B GURUNATH RAO AGED ABOUT 44 YEARS,
ALL RESIDING AT NO.6, 1ST MAIN, 11TH CROSS (LEFT SIDE) VIGNAN NAGAR, BENGALURU- 560 044.
4.
DR. NANDKISHORE BAINDUR S/O LATE B. GURUNATH RAO AGED ABOUT 48 YEARS,
REPRESENTED BY GPA HOLDER SRI PREMANAND BAINDUR, NO.6, 1ST MAIN, 11TH CROSS (LEFT SIDE), VIGNAN NAGAR, BENGALURU-560 044. ...APPELLANTS (BY SRI. S. VIVEKANANDA, ADVOCATE FOR SMT.V. GANGA BAI, ADVOCATE;
VIDE ORDER DATED 03.01.2019, A2,A3 & A4 ARE THE LRS OF DECEASED A1) AND:
1.
CHANDRAMATHI R TRASI, W/O R.S. TRASI SINCE DECEASED REPRESENTED BY HER LRs
- 15 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
1(A) SMT. BASRUR LATHA D (DIED)
1(B) SRI. TRASI SATISHCHANDRA R S/O SRI CHANDRAMATHI TRASI, AGED ABOUT 66 YEARS 44,17TH CROSS, 11TH MAIN, MALLESWARA, (WEST), BANGALORE- 560 055.
1(C) SRI TRASI DILIPCHANDRA R S/O SRI CHANDRAMATHI TRASI AGED ABOUT 60 YEARS A II/2, DATTAPRASAD COOP HOUSING SOCIETY, 10TH MAIN, MALLESWARAM, BANGALORE- 560 003.
1(D) DR PRADEEPCHANDRA R TRASI S/O (LATE) CHANDRAMATHI R TRASI AGED ABOUT 58 YEARS RESIDING AT NO.A-4 ATMA APARTMENTS, 64-10TH MAIN ROAD, MALLESHWARAM, BENGALURU- 560 003.
[R1 (A) TO (D) AMENDED VIDE COURT
ORDER DATED 07.12.2011]
2.
DR. SEETHARATHNA V KALYANPUR RAO (DIED) W/O LATE V.M KALYANPUR RAO SINCE DECEASED REP. BY HER LRs
2(A) SMT. PADMINI BANERJEE, D/O LATE. SEETHARATHNA V KALANPUR RAO, AGED 58 YEARS, ROCKY GLEN, OXFORD P.A.19363, U.S.A.
2(B) SMT. PRATIBHA KALYANPUR RAO, D/O LATE SEETHARATHNA V KALYANPUR RAO
- 16 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
AGED 53 YEARS FLAT NO.12, RUABAIX APARTMENTS PLOT NO.400, 1ST FLOOR, 14TH ROAD, KHAR(W), MUMBAI- 400 052.
2(C) SMT. PRAVINA KILPADY, D/O LATE SEETHARATHNA V KALYANPUR RAO AGED 51 YEARS 3A, GREEN VIEW APARTMENTS, DADA BADI, MEHRAULI, NEW DELHI- 110 030.
[R2(A) TO (C) AMENDED VIDE COURT
ORDER DATED 17.09.2012]
3.
SMT LATA A SHIRALI W/O A.R SHIRALI AGED 70 YEARS, NO.104, SHASHI KIRAN, 18TH CROSS, MALLESWARAM, BANGALORE- 560 055.
4.
SMT TARA M MANKIKAR W/O M.M MANKIKAR AGED 66 YEARS, 707, SHRI CHITRAPUR CO-OPERATIVE HOUSING SOCIETY LTD.68, 15TH CROSS, MALLESWARAM, BANGALORE- 560 055.
5.
SMT. LATHA D BASRUR W/O DURGANAND BASRUR
SINCE DECEASED REPRESENTED BY HER L.Rs R5(A) &(B) VIDE COURT
ORDER DATED 29.01.2026
5(A) SMT. NAMITHA BASURU W/O SRI.GIRISH RAO, D/O LATE LATHA DUGNANAD BASRURU AGED ABOUT 57 YEARS
- 17 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
R/AT NO.306, ADMIRALTY MANOR 6TH MAIN, 14TH CROSS INDIRA NAGAR 2ND STAGE, BANGALORE- 560 008.
5(B) SMT. SARITHA BSRUR D/O LATE LATHA DUGANAND BASRUR AGED ABOUT 53 YEARS R/AT A-205, ADMIRALTY MANOR 6TH MAIN, 14TH CROSS INDIRA NAGAR 2ND STAGE, BANGALORE- 560 008. ...RESPONDENTS (BY SRI. S.N.PRASHANTH CHANDRA, ADVOCATE FOR R1(A TO D), R2 (A TO C) & R3 & R4);
VIDE ORDER DATED 29.01.2026, LRS OF R5 ARE BROUGHT ON RECORD AS R5(A) & 5(B) THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.02.2010 PASSED IN O.S.218/1997 ON THE FILE OF THE VIII ADDL.
CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE DECLARATION AND INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
- 18 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
ORAL JUDGMENT
These appeals arise out of a common judgment and decree dated 26.02.2010 passed in OS No. 2038/1995 clubbed with OS No. 218/1997 and OS No. 1493/1995 on the file of VIII Additional City Civil Judge (CCH-15), Bengaluru.
2. Parties have filed a memorandum of settlement under Order XXIII Rule 3 read with Section 151 of CPC amicably resolving the dispute. The aforesaid compromise petition is filed in RFA No. 1096/2010 which arises out of the judgment and decree passed in O.S.2038/1995.
Learned counsel for the parties in RFA 1095/2010 and 1089/2010 file joint memo and memo for disposal respectively adopting the terms of settlement enumerated in the aforesaid memorandum of settlement filed in RFA No. 1096/2010. 3. The terms of memorandum of settlement read as under :
- 19 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
MEMORANDUM OF SETTLEMENT UNDER ORDER 23 Rule 3 R/W Sec 151 CPC
The Appellants and Respondents herein submit as follows:-
1. One Sri. B Prabhakar Rao and Smt. B Sundari Bai, being couple were residents of Puttur, Dakshina Kannada District. They had owned certain immovable properties. Sri B Prabhakar Rao died on 20/01/1973 and Smt. B Sundari Bai died on 29/12/1993. Sri B Rammohan Rao, Sri B Gurunath Rao, Smt. Chandramathi R Trasi, Smt. Seetharatna v Kalyanpur Rao, Smt. Lata A Shirali, and Smt. Tara M Mankikar, are the children of the said Sri B Prabhakar Rao and Smt. B Sundari Bai. 2. Smt. B Krishna Bai is the wife of Sri B Rammohan Rao. The couple were residing in Bangalore in an Apartment situated in Shri Chitrapur Co-Operative Housing Society, (hereinafter referred to as the "Society" or as the "Respondent 5 Society,,), at Malleswaram, Bangalore. Smt. B Krlshna Bai died on 30/10/1994. Her husband Sri. B Rammohan Rao predeceased her on 16/07/1991. They were issueless, and both died intestate. 3. Sri B Gurunath Rao, the younger brother of Sri B Ram Mohan Rao and brother-in-law of Late Smt. B Krishna Bai, also predeceased Smt. B Krishna Bai on 24/04/1994. 4. Smt. B Krishna Bai (hereinafter referred to as the deceased) died a widow, issueless and intestate, leaving behind certain movable assets and certain interest in immovable property i.e., the Apartment bearing No. 204 in the Society. 5. Disputes arose between family members, resulting to the parties filing the below suits before the Court of the City Civil Judge at Bangalore. a) O.S No. 1493/1995 filed by Smt. Chandramathi R Trasi and her three sisters, namely, Smt. Seetharatna V Kalyanpur, Smt. Lata A Shirali and Smt. Tara M Mankikar, as Plaintiffs, against Smt. Radha G Rao and her children as defendants being the legal heirs of Sri.
B Gurunath Rao, seeking for rendition of accounts for the amounts collected by the defendants on account of (Late) Smt. B Krishna Bai;
b) O.S. No. 2038/1995 filed by Smt. Chandramathi R Trasi and her three sisters as Plaintiffs, against Smt. Radha G Rao and her children being the legal heirs of Sri B Gurunath Rao, and the Society, for declaration that they are the sole legal heirs of (Late) Smt. B. Krishna Bai; and
- 20 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
c) O.S No.218/1997 filed by Smt. Radha G Rao and her children being the legal heirs of Sri B Gurunath Rao, as plaintiffs, against Smt. Chandramathi R Trasi and her three sisters and her daughter Smt. Lata D Basrur, and the Society, for a declaration that they are the legal heirs of (Late) Sri B Rammohan Rao, (Late) Sri B Gurunath Rao and (Late) Smt. B Krishna Bai. 6. All three aforesaid suits were clubbed together and the learned Add'l City Civil Judge, Bangalore passed a common judgment dated 26/02/2010 decreeing the, suit bearing O.S. No 2038/1995 and partly decreeing in O.S. No. 218/1997 and O.S. No. 1493/1995. The Common Judgement is summarized as follows:
a) Respondents (1 to 4) (Plaintiffs in O.S No. 2038/1995) herein are together the sole legal heirs to succeed to the assets and estate of Smt B Krishna Bai, including Flat No 204, in Respondent No. 5 Society. b) Appellants (Plaintiffs in O.S No. 218/1997) herein are together the sole legal heirs to succeed to the assets and estate of (Late) Sri B. Gurunath Rao. c) Appellants (Plaintiffs in O.S No. 218/1997) herein together have 1/10th share, and Respondents (1 to 4) (Plaintiffs in O.S No. 2038/1995) herein together have 9/10th share, in the assets and estate of (Late) Sri B Rammohan Rao.
d) Appellants (Plaintiffs in O.S No. 218/1997) herein and Respondents (1 to 4) (Plaintiffs in O.S No.2038/1995) herein shall render true and correct account of the amounts drawn by them from the estate of (Late) Smt B Krishna Bai and (Late) Shri B Rammohan Rao. e) Separate enquiry will be held under Order XX Rule 16 of the CPC to ascertain the exact amount, including interest, payable to the Respondents (1 to 4) herein (Plaintiffs in O.S No. 2038/1995), in respect of the assets and estate of (Late) Smt B Krishna Bai and also in respect of the Respondents (1 to 4)'s 9/10th share and the Appellants' 1/10th share out of the Assets and Estate of (Late) Sri B Rammohan Rao. The question of payment of interest will be decided in the Final Decree Proceedings. 7. Aggrieved by the above said common Judgment, Appellants have filed the present appeals No. RFA 1095/2010, RFA 1096/2O10, and RFA 1097/2010, and the Respondent 5 Society has filed the appeal RFA 1089/2010 before this Hon'ble Court. - 21 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
8. During the pendency of the appeals, Smt. Chandramathi R Trasi, Smt. Seetharatna V Kalyanpur, Smt. Radha G Rao and Smt. Lata D Basrur have died on 05/01/2011, 20/O1/2012, 06/07/2018, and 25/06/2023, respectively. The legal heirs of the above parties have been brought on record, accordingly. 9.. During the pendency of the appeals, the parties have also come to know and identified additional ancestral properties in Puttur (D.K.) belonging to the joint family recorded under the name of (Late) B Rammohan Rao in revenue records.
The Respondents (1 to 4) have subsequently applied for and got a Family Tree of (late) Sri B Prabhakar Rao issued and have also obtained entry of the names of Respondents (1 to 4) together with the names of Appellants as legal heirs of (Late) Shri B Rammohan Rao in the RTC Revenue Records of the property in Puttur (D. K. ). The Respondents (1 to 4) have incurred expenditure of Rs 1,92,081 (Rupees One Lakh Ninety Two Thousand and Eighty- one only) till date in travel, stay, and other necessary expenses in getting the Family Tree issued by the Revenue Department to include the Respondents (1 to 4) as well as Appellants, and also the entry of all their names in the RTC of all the survey numbers pertaining to the Property in Puttur that has come to the knowledge of the Respondents (1 to 4) till date, and in updating the information and asserting ownership.10. 10. The Appellants and Respondents (1 to 4) have now come forward to put aside their differences and amicably resolve their dispute with respect to all the assets and estates of (late) Smt. B Krishna Bai and (late) Sri B Rammohan Rao, including the membership and Flat 204 in the Respondent 5 Society and the immovable properties at Puttur, D.K., in a fair and equitable manner; It is agreed between the Appellants and the Respondents that they shall honour the Judgment of the Hon'ble Add'l City Civil Court dated 26/02/2010 while arriving at an amicable settlement, and accordingly they have executed this Memorandum of Settlement, the terms and conditions of which are reduced into writing as below:
NOW THIS MEMORANDUM OF SETTLEMENT WITNESSETH AS FOLLOWS:
11. ASSETS AND ESTATE OF B GURUNATH RAO: The Respondents ( 1 to 4) have never claimed, and do not now claim any share in the Assets and Estate of (Late) Sri B Gurunath Rao and recognise the claim of Appellants in that property.
The Appellants are free to deal with such properties of B Gurunath Rao as they deem fit, without any interference from the Respondents (1 to 4). - 22 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
12. ASSETS AND ESTATE OF B KRISHNA BAI AND B RAMMOHAN RAO: These Assets form the sum and substance of this Memorandum of Settlement, and they are more fully described in the Schedule herein as Schedule A - Property After detailed discussions and deliberations, the Parties have agreed to settle this Property amicably amongst themselves. Appellants and Respondents (1 to 4) agree that they shall co-operate and co- ordinate with each other to realise the beneficial interest in all the Properties listed in Schedule A and divide the beneficial interest therein amongst themselves under the following Terms and Conditions set forth in this Memorandum of Settlement:
13. Terms of Settlement of Schedule A (a) Property MEMBERSHIP AND BENEFICIAL INTEREST IN FLAT No. 204 IN Sri CHITRAPUR CO-OP HOUSING SOCIETY (the Respondent 5 Society):
(i) Settlement of Dues payable to the Society: Maintenance and other dues to the Society have remained unpaid and accumulated from 2010 till date. The Appellants and the Respondents (1 to 4) agree to settle the dues of Respondent 5 Society in the proportion 1:4 that is 1/5th by Appellants and 4/5th by Respondents ( 1 to 4). The dues pertaining to Flat 204 have been estimated and informed by the Society and agreed to by Appellants and Respondents (1 to 4). They are as follows:
Maintenance dues till 31-3-2026: Rs 4,86,204 Simple Interest at 15% on the dues: Rs 5,41,668 Legal fees incurred by Respondent 5: Rs 75,000 TOTAL due to Respondent, till 31-3-2026: Rs.11,02,872
Accordingly, Appellants together shall pay 1/5th, or Rs 220,574/- to the Society, and Respondents (1 to 4) together shall pay 4/5th or Rs 882,298/- to the Society, in full and final settlement of dues to the Society till 31-3-2026 pertaining to Flat 204 in the Society.
The Respondent 5 Society confirms that with the payment of dues as above, there shall be no further claim by the Society on dues payable to it by the Appellants and the Respondents (1 to 4), apart from regular maintenance dues accruing on account of Flat 204 from 0l-04- 2026 onwards till the date of subsequent transfer of the Flat 204 to a new Member. (ii) Transfer of Flat 204 by Society to the Respondents (1 to 4):Immediately on settlement of above dues to the Society, the Respondent 5 Society undertakes to transfer the Membership and Beneficial Interest in Flat 204 in Sri Chitrapur Co-op Housing Society, Malleswaram, which originally
- 23 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
belonged to Smt B Krishna Bai, to the Respondents (1 to 4) as Inheritance from (late) Smt B Krishna Bai by her Legal Heirs, in accordance with the Order of the Add'l City Civil Judge, Bangalore dated 26/02/2010. In keeping with the Bye-laws of the Society however, in the Books of the Society, the Membership and beneficial interest in Flat 204 shall be transferred to Sri Pradeepchandra R Trasi, Respondent No. 1(d), as Member representing self and the remaining Respondents of (1 to 4), with Sri Dilipchandra R Trasi, Respondent No. 1(c), as the Nominee thereat. The proposed Transferee Sri Pradeepchandra R Trasi confirms that he does not own any other immovable property in Bangalore. The Society shall take due care to ensure that the transfer of Membership and Interest of Flat No. 204 to Sri Pradeepchandra R Trasi shall be recorded in its Books as Transfer by Inheritance from (Late) Smt. B Krishna Bai in compliance with the Judgment dated 26/02/2010 with all attendant obligations and benefits thereto, and rules pertaining to transfer of property by Inheritance only shall apply.
(iii) Respondent 5 confirms hereby that immediately after the death of B Krishna Bai, the Society transferred the Membership and beneficial interest in Flat 204 to her Nominee, Sri Premanand Baindur, Appellant 2, as per its Bye-law. Now the property has to be transferred to the legal heirs as inheritance from (late) Smt. B Krishna Bai inaccordance with the common Judgment dated 26/02/2010. Accordingly, the following documents
1. the Share Certificate,
2. the Loan Stock Certificate,
3. the Leased Land Capital Certificate,
4. the Possession Certificate, and
5. the Tenancy Agreement
and all other relevant records pertaining to Flat 204 currently standing in the name of Appellant 2 Sri Premanand Baindur as Nominee, together with his membership right and interest therein, shall be transferred by the Society to Respondent 1(d), Sri Pradeepchandra R Trasi and recorded in its books as "for inheritance by Legal Heirs of B Krishna Bai", and not as transfer by any other means. (iv) It shall be understood by the Appellants and the Respondents (1 to 4) that the transferee Shri Pradeepchandra R Trasi shall hold this asset on behalf of all of the Respondents (1 to 4) and the Appellants as per this Memorandum of Settlement, till the time of transfer of
- 24 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
membership and the Flat 204 to a new member for monetary
consideration.
(v) Appellants and Respondents (1 to 4) shall jointly coordinate to get the Flat 204 cleaned and renovated to the extent necessary and the expenses thereof shall be shared by the Appellants and Respondents (1 to 4) in the ratio of 1:4 or borne by the Respondents (1 to 4) to be adjusted later.
(vi) Transfer of Asset A(a) by Appellants and Respondents (1 to 4) to another party for Monetary Consideration: Appellants and Respondents (1 to 4) shall then jointly co-ordinate and make efforts to identify a buyer for the membership and beneficial interest in Flat 204 in the Society, and proceed with the transfer of membership and beneficial interest thereof for monetary
consideration through mutual consent. The monetary
consideration thereof after necessary adjustments for expenses and deductions detailed in sub-para (vii) below, will be shared between the Appellants and Respondents (1 to 4) as detailed in the same sub-para (vii) under this Settlement. (vii) (vii) Settlement of Transfer Proceeds of Flat 204 between Appellants and Respondents (1 to 4): The gross amount realised from such transfer shall be settled in the following manner -
• Brokerage and other expenses related to the transfer of membership of the Flat, if any, shall be paid by Respondents (1 to 4), and deducted from the gross proceeds of transfer to be added to the share of the Respondents (1 to 4) later,
• Any other mutually agreed common expenses such as monthly maintenance for the Flat from 01-04-2026 onwards, cost of repairs & renovation, etc., shall be paid for by the Respondents (1 to 4) and settled proportionately 1/5th by the Appellants, and if not settled thus, between the parties before the transfer, shall be deducted from the gross proceeds of transfer to be added to the share of the Respondents (1 to 4)later,
• In getting the Family Tree issued by the Revenue Department in Puttur and the entry of the names of all legal heirs including that of the Appellants in the RTC of the immovable property in Puttur, expenditure has been
- 25 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
incurred by Respondents ( 1 to 4) which has been quantified by them at Rs 1,92,081 (Rupees One Lakh Ninety Two Thousand and Eighty-one only) and accepted by the Appellants. Being a common expense that is to be borne by all the Legal Heirs, it shall be reimbursed to the Respondents (1 to 4) from the transfer proceeds of the Flat 204. Accordingly, Rs 1,92,081 shall be debited from the gross proceeds of transfer, to be added to the share of the Respondents (1 to 4) later,
• The balance of the gross amount after above deductions shall be distributed between the Appellants and Respondents (1 to4) in the ratio 1:4 that is 1/5th to the Appellants and 4/5th to the Respondents (1 to 4).
To the share of the Respondents (1 to 4) thus obtained, shall be added the amounts deducted above for brokerage and other expenses including the expenses incurred for Puttur property. • Appellants have requested, and Respondents (1 to 4) have agreed, that the amount of Rs 5.72 lakhs arising out of the Settlement of Asset A (b) (i) & (ii) in Para 14(i) below which has to be reimbursed to the Respondents (1 to 4) by the Appellants, shall be debited from their 1/5th share in the proceeds of transfer of Flat 204 and credited to the account of the Respondents. Accordingly, Rs 5.72 lakhs will be debited from the share of the Appellants and added to the share of the Respondents (1 to 4). • The amounts arrived at thus for Appellants and Respondents (1 to 4) shall be clearly stated in the Transfer Deed for transfer of Flat 204, and credited directly to the Bank Accounts of the Appellants and Respondents (1 to 4) detailed in Schedule C as mutually adjusted payment for transfer of Asset A(a). For abundant clarity, an illustrative calculation is shown in Schedule D for four different cases of realized amounts that could arise from the Transfer of Flat 204. (viii) Liability for Income Tax: For Income Tax purposes, gross proceeds from transfer of Flat 204 as Income, as well as the expenses related to renovation, sale etc., shall accrue individually to the Appellants and Respondents (1 to 4) in the proportion specified in Schedule B and the amounts accruing thus as income of Appellants and Respondents (1 to 4) shall also be specified in the Transfer Deed for Flat 204. - 26 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
(ix)
Consideration of Maintenance charges paid by Appellant from 1995 till 2010: Appellant 2 had paid Maintenance charges levied by the Society for Flat 204 from 1995 to 2010, amounting to Rs 142,616/- (Rupees One Lakh Forty Two Thousand Six hundred and Sixteen only) over those years, as informed by Appellant 2 and accepted by Respondents (1 to 4). This amount which has to be reimbursed to the Appellants, shall be considered settled by adjustment against the interest on the surplus amount due to the Respondents (1 to 4) during that period, as stated in Para 14 (iii) herein. (x) The Society being an interested and necessary party in the transfer of Flat 204, shall be kept informed of all connected matters and shall co-operate fully in enabling the transfer by Inheritance to Respondent 1(d), in obtaining the e-Khatha and other documents to the Flat, and in the subsequent second transfer to a new Member for monetary consideration, and in giving effect to such second Transfer. (xi) It is agreed between all parties that the Society has signed this Settlement only to the extent of the obligations relating to actions on its part to transfer the Membership and Beneficial Interest in Flat 204 to the legal heirs as inheritance as per the decree of the Hon'ble Court and in enabling subsequent second Transfer by the legal heirs to a third party for monetary consideration, and it is not a party to any dispute between the Appellants and the Respondents (1 to 4), inter se. (xii) Further, the Society is not concerned with any of the issues in dispute between the Appellants and the Respondents (1 to 4), but would act fully in accordance with the decree passed by the Hon'ble Court in the case and in this Settlement. 14. Terms of Settlement of Schedule A(b) Property - MOVABLE ASSETS _ FINANCIAL INVESTMENTS:
The Appellants confirm and acknowledge that based on nominations in their favour and/or their names appearing as second holders in relevant investments, they have withdrawn, collected and received a total sum of Rs 9,51,000 (Rupees Nine Lakhs Fifty-one Thousand only) [Schedule A(b)(i) Property] to the exclusion of the Respondents (1 to 4).
The Respondents 1 to 4 confirm and acknowledge that based on nomination in their favour and/or their names appearing as second holders in relevant investment, they have withdrawn, collected and received total sum of Rs.9,45,000 (Rupees Nine Lakh Forty Five Thousand Only) [Schedule A (b) (ii) property ] to the exclusion of the appellants. - 27 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
Both parties confirm that other than the amounts heretofore mentioned, they have not withdrawn any other amount. (i) Settlement of Schedule A(b)(i) and Schedule A(b)(ii) Property - ENCASHED & WITHDRAWN AMOUNTS:
This asset shall be shared in the same 1:4 ratio, 1/5th by the Appellants and 4/5th by the Respondents ( 1 to 4) . Total amount withdrawn and encashed by the Appellants and Respondents (1 to 4) together being Rs (9.51+9.45) or Rs 18.96 lakhs, Respondents (1 to 4) are entitled to 4/5th share therein or Rs 15.17 lakhs; and Appellants are entitled to 1/5th share therein or Rs 3.79 lakhs. In order to effect the division of these encashed assets of Rs 18.96 lakhs in the agreed ratio 1:4, the Respondents will retain the Rs 9.45 lakhs that they have withdrawn; and the surplus amount which the Appellants have encashed, that is Rs 9.51 lakhs minus Rs 3.79 lakhs, that is Rs 5.72 lakhs (Rupees Five lakh and Seventy-two Thousand only), shall be transferred to Respondents ( 1 to 4). However, as Appellants have requested, and the Respondents (1 to 4) have agreed, such transfer of Rs 5.72 lakhs shall be done during the sharing of the proceeds of realisation of the Flat 204 in the Society upon transfer of the Flat to a new Member for monetary consideration, as stated in Para 13 (vii) above.
(ii) Settlement of Schedule A (b)(iii) Property - INVESTMENTS DEPOSITED IN COURT:
• The Appellants and the Respondents (1 to 4) acknowledge that various Securities of the value of approximately Rs. 9,00,000/- (Rupees Nine Lakhs approximately) were deposited in Court during the earlier litigation. The Appellants and the Respondents (1 to 4) shall coordinate and co-operate with each other to verify, withdraw and realise the value of these securities, and share the realisation from the A(b)(iii) property and the expenses thereto in accordance with the terms of this settlement in the ratio 1:4, that is, 1/5th by the Appellants and 4/5th by the Respondents (1 to 4). • The cash already realised if any, from these Securities will be transferred, 1/5th to the Appellants and 4/5th to the Respondents (1 to 4), directly to their bank accounts specified in Schedule C. Securities which have remained unrealized shall be awarded to the Respondent 1(d) who shall, in coordination with the Appellants, communicate with the issuers of these securities to realise the value of the Securities, and share the realised value net of expenses in the same ratio 1:4, 1/5th to the Appellants and 4/5th to the Respondents (1 to 4). It is
- 28 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
accepted by both Parties that where the entities which issued these securities have wound up business and are no longer existing, realisation of the invested amount and interest thereon might not be possible. (iii) Settlement of Interest due to Respondents (1 to 4):
The Common Judgment of 26/02/2010 has left the question of determination and payment of interest on the excess amount of Rs 5.72 lakhs withdrawn by Appellants to be decided in the Final Decree Proceedings [Para 6(e) herein]. Appellants recognise and accept that the Interest on this excess amount withdrawn belongs fully to the share of the Respondents (1 to 4).
The Respondents (1 to 4) recognise and accept that this amount would be difficult for the Appellants to reimburse. In the interest of an amicable Settlement, the Respondents (1 to 4) agree to forego this interest amount due to them in return for consideration for the following:
• The Schedule A(c) property, that is the ownership, possession and enjoyment of all the personal effects of B Rammohan Rao and B Krishna Bai including but not limited to the furniture, fixtures, jewellery, gas connection, BSNL connection, BESCOM meter, crockery, utensils, etc., shall belong fully to the Respondents (1 to 4),
• The maintenance amount of Rs 142,616/- paid by Appellants to Respondent 5 Society as maintenance from the years 1995 up to 2010 as acknowledged in Para 13 (ix) above, which is due to Appellants, shall be considered settled in full by the Respondents (1 to 4) in adjusting against the interest on excess amount of Rs 5.72 lakhs held by Appellants during that period, as stated in 13(ix)
• Subject to the above two considerations, there shall be no further claim by the Respondents (1 to 4) on the Appellants for interest on the excess amount of Rs 5.72 lakhs withdrawn by the Appellants, and there shall be no further claim by the Appellants on the Respondents (1 to 4) with regard to the above two considerations. 15. Terms of Settlement of Schedule A (c) Property – PERSONAL EFFECTS OF B RAMMOHAN RAO AND B KRISHNA BAI: The ownership, possession and enjoyment of all the personal effects of B Rammohan Rao and B Krishna Bai including but not limited to the furniture, fixtures, jewellery, gas connection, BSNL connection, BESCOM Meter, crockery, utensils, etc., shall belong fully to the Respondents (1 to 4), as settled in 14(iii) above. - 29 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
16.
Terms of Settlement of Schedule A (d) Property – IMMOVABLE PROPERTY IN PUTTUR:
• There are several immovable properties in Puttur Kasaba, Puttur Taluk, Dakshina Kannada District, which were in the name of (late) Sri B Rammohan Rao. The Respondents ( 1 to 4) have expended considerable time, effort and finances, and have succeeded in getting the Family Tree of B Prabhakar Rao issued, and their names as well as the names of the Appellants have been entered in the Revenue Records of Puttur as legal heirs of B Rammohan Rao. Several of these properties have been encroached upon, and much work remains to be done. Appellants agree to co-operate and coordinate with the Respondents (1 to 4) in establishing their joint claim to these properties and registering a separate Conciliation Deed in Puttur which would enable eventual sale and settlement of the joint property between the legal heirs. The Appellants confirm that the expenses incurred by the Respondents (1 to 4) in connection with issue of the Family Tree and recording the title to these property in Revenue records so far shall be reimbursed to the Respondents (1 to 4) as stated in Para 13(vii), and further that all future expenses will be shared in the ratio 1:4, that is 1/5th by Appellants and 4/5th by Respondents (1 to 4) as and when incurred, and the net sale proceeds thereof of the Property after adjusting the liabilities, legal and other fees, taxes, brokerage, and all other expenses and encumbrances if any, shall also be shared in the same ratio 1:4 between the Appellants and the Respondents (1 to 4), that is 1/5th by the Appellants and 4/5th by the Respondents (1 to 4), in the proportion more fully detailed in Schedule B.
• The management, sale and settlement of Schedule A (d) Property going forward shall be governed by the Conciliation Deed which shall be drafted by the parties in consultation with each other and registered in Puttur (D.K.). The Appellants and Respondents (1 to 4) shall coordinate and co-operate in the registration of the Conciliation Deed in Puttur (D.K.), which would facilitate the eventual sale of the Schedule A (d) Property. 17.
Devata Viniyoga, Panchaparva and other Observances:
• It is understood that there exists a long-standing family commitment, tradition, and custom of performing Devatha Viniyoga and Panchaparva which, is specific to this Baindur family, which practice can be traced back to the registered
- 30 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
partition deeds of 1918 and 1939. It is noted that in this connection (late) Sri B Rammohan Rao had arranged for this to be performed when the ancestral house in Puttur was sold in 1989, as stated in the Sale Deed of that property registered as Document #268 of 1989-90 of Book No. I on 7/6/1989. The Appellants and Respondents (1 to 4) have since become aware that Sri B Rammohan Rao had kept the Family Deity in Shri Anantheshwar Temple in Vitla in Dakshina Kannada District and provided a fund for this purpose for daily Puja to be performed, but the fund had come into deficit since
2014. Appellants and the Respondents (1 to 4) have communicated with the authorities at Shri Anantheshwar Temple recently to ascertain the funding status, and as per their advice, they have together paid an additional capitalised amount of Rs 159,630/- on 1:4 basis, with Appellants remitting Rs 31,930/- and Respondents (1 to 4) remitting Rs 127,700/- to maintain the Observances in continuity for the foreseeable future. Another Observance appears to have been arranged by (late) B Rammohan Rao in Shri Chitrapur Math, Shirali, North Kanara District, Karnataka, where also the funds for the Observance had come into deficit since last many years. Appellants and Respondents (1 to 4) shall communicate with the authorities there to determine the deficit and fund this deficit also in the same 1:4 ratio and restore the Observance in Shri Chitrapur Math, Shirali, on this account. • It is recognised that each of the Respondent (1 to 4) Families - the Trasi, Kalyanpur, Shirali and Mankikar families - have their own specific Family deities and attendant obligations to be met.
It is therefore agreed between the Appellants and the Respondents (1 to 4) that the responsibility for upkeep of the Devatha Viniyoga and Panchaparva by the Baindur Family rests with the Baindur family itself, with Appellant 2 as head of this Baindur family. Should any future requirement arise for additional funds again in maintain these Observances, Appellant 2 undertakes to meet the requirement from out of his own funds realised herein, and the Respondents (1 to 4) shall not be held liable for it in any way. • Nevertheless, the Respondents (1 to 4) would like to commit further additional funds for the above Observances at this point in time from the amount realised from sale of property in Puttur, along with Appellants, in the same 1:4 ratio in both places - the Shri Anantheshwar Temple in Vitla and Shri Chitrapur Math in Shlrali - which will ensure adequate funds for the scheduled Observances at both these venues for many more decades to come. Both parties agree to consult each
- 31 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
other in this matter and remit the additional funds required, before distribution of sale proceeds of Puttur property to legal heirs as per Schedule B.
18.
Terms of Settlement of Schedule A (e) Property - ANY OTHER PROPERTY:
(i) Any other immovable property: Appellants and the Respondents (1 to 4) agree that if any more immovable properties are found as belonging to B Prabhakar Rao/B Rammohan Rao/B Krishna Bai, they shall cooperate and coordinate with each other to establish their common claim to these properties and agree to divide or dispose of the same and share the sale proceeds and expenses in the same 1:4 ratio, that is 1/5th share to the Appellants and 4/5th share to the Respondents (1 to 4) which is further detailed in Schedule B.
(ii) Any other movable property: All other investments, assets, properties, possessions and benefits other than immovable property, if any, of (late) Smt. B Krishna Bai and (late) Sri B Rammohan Rao not specifically mentioned herein or inadvertently omitted in the Schedule shall belong to the Respondents (1 to 4). 19. Both parties - Appellants and Respondents (1 to 4) – shall agree to share all expenses related to maintenance of and realisation of benefits from the Schedule A property, in the ratio of 1:4, that is 1/5th by the Appellants and 4/5th by the Respondents (1 to 4), and share the benefits thereof as detailed in Para 13 to 18 above. Each of the Appellants and Respondents (1 to 4) shall be individually responsible for payment of all taxes, levies etc., on the assets and amounts received/collected/retained by them individually under this Settlement. 20. Both parties agree to withdraw all allegations and accusations made against each other in all the legal proceedings that have been disposed of or are pending in any Court, Tribunal or Forum. 21. Both parties agree that all issues relating to their rival
contentions and claims have been resolved amicably under this Settlement. Consequently, both Parties agree not to raise any dispute anywhere in future in relation to matters settled under this Agreement. 22. Upon completion of all the above transactions and disbursal of sale proceeds in terms of this settlement, both Parties shall
- 32 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
have no further claim, right, title, or demand against each other in respect of the Schedule Properties or any past maintenance rent, expenses or benefits derived therefrom. 23. The Parties shall jointly execute and/or share all necessary documents, deeds, and forms required to give full effect to this Settlement. 24. Each Party shall bear their own legal costs and expenses unless otherwise agreed in this Settlement. Other than for Schedule A(d) Property, the terms contained herein constitute the full and final settlement between the Parties. The Schedule A (d) Property will be further governed by the terms of the Conciliation Deed to be registered in Puttur D.K.
25. Sri Pradeepchandra R Trasi has signed this Memorandum of Settlement for himself and as the Power of attorney holder for the remaining Respondents (1 to 4). He shall receive the money due to the Respondents (1 to 4) in the common bank account of the Respondents ( 1 to 4) given in Schedule C, and after deduction of expenses if any, he shall transfer it to the bank accounts of the individual Respondents (1 to 4) in the proportion declared in Schedule B.
26. Appellant 2 is appearing for himself and for Appellant 4 as his GPA Holder, and he confirms that he is authorised to sign this Settlement on behalf of Appellant 4 and receive the moneys due to him on realisation of Schedule A Properties in the bank account shown in Schedule C.
27. Appellant No. 3 is appearing on behalf of herself, and will receive the moneys due to her in her bank account shown in Schedule C. The Respondent 5 Society is represented by its Chairman, Sri Sudhakar Kumble, under its authorisation. 28. Appellants and Respondents agree and confirm that this Settlement shall be binding on all their respective heirs, assigns, nominees, agents or authority holders. 29.
In view of the comprehensive Settlement arrived herein, the parties pray that this Hon'ble Court be pleased to dispose of the above appeal RFA No 1096/2010 in terms of this Memorandum of Settlement. 30. In view of the comprehensive Settlement arrived herein, the respective parties pray that this Hon'ble court be pleased to dispose of the above connected RFA Numbers 1095/2010, 1097/2010 and 1089/2010 in terms of the Memorandum of Settlement arrived herein. - 33 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
SCHEDULE A PROPERTY a. Membership and Beneficial Interest in Flat 204 in Shri Chitrapur Co-operative Housing Society (Respondent 5 Society) at Malleswaram, Bangalore, which belonged to (Late) Smt B Krishna Bai. b. Investments in Bank Accounts, Bank Deposits, Company Deposits and Bonds, Mutual Funds, PPF, Post Office Deposits etc., of which,
(i) Assets amounting to Rs 9.51 lakhs (Rupees Nine Lakh Fifty-one Thousand) were encashed and withdrawn by Appellants 1 to 3,
(ii) Assets amounting to Rs 9.45 lakhs (Rupees Nine Lakh Forty-five Thousand) were encashed and withdrawn by Respondents, and,
(iii) Securities amounting to approximately Rs 9 lakhs (approx. Rupees Nine Lakhs), subject to verification, were deposited in Court during the course of the hearings of the three Original Suits referred above, and remain as such or encashed in Court custody as of the date of this Settlement, which are yet to be claimed. c. All personal effects of B Rammohan Rao and B Krishna Bai including but not limited to the furniture, fixtures, jewellery, gas connection, BSNL connection, BESCOM Meter, crockery, utensils etc. d. Ancestral Immovable Property situated in Puttur Kasba, Puttur Taluk, Dakshina Kannada District which was in the name of (Late) Sri B Rammohan Rao.
e. Any other Asset movable or immovable not identified in this Settlement, belonging to the joint Family of B Prabhakar Rao and /or B Rammohan Rao, and/or B Krishna Bai which might come to light in future
- 34 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
SCHEDULE B
Share of Appellants and Respondents 1 to 4 in Terms of this Memorandum of Settlement.
Name Relationship with B Prabhakar Rao ID and/or PAN Address % Share in Property Namita Basrur Respondent 1(a)(i) Great- Granddaughter Age 57 AADHAAR No. 9785 8552 0924 PAN # AQRPB0552F #306, Admiralty Manor, 6th Main, 14th Cross, lndira Nagar 2nd Stage, Bangalore - 560 008 2.5 Sarita Basrur Respondent 1(a)(ii) Great- Granddaughter Age 53 AADHAAR No. 8731 5589 4500 PAN # ADHPV4732G A-205, Admiralty Avenue, 6th Main, lndira Nagar, 2nd Stage, Bangalore - 560 008 2.5 Satishchandra R Trasi Respondent 1(b) Grandson Age 81 AADHAAR No. 7799 2231 1528 PAN # AAGPT1136L 44, 11th Main Road, Malleswaram West, Bangalore - 560055 5 Dilipchandra R Trasi Respondent 1(c) Grandson Age 75 AADHAAR No. 6955 8723 6362 PAN # AEEPT26O2P A-ll/2 Dattaprasad Co-op Housing Society, 260-10th Main Road, Malleswaram, Bangalore- 560003 5 Pradeepchandra R Trasi Grandson Age 73 AADHAAR No. A-4, ATMA Apartments 5 - 35 - HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER Respondent 1(d) 6109 8209 5800 PAN AARPT7899K 64-10th Main Road, Malleswaram, Bangalore- 560003 Padmini Banerjee Respondent 2(a) Granddaughter Age 71 US Passport No. 562947927 PAN GLUPB9376P 121 Rocky Glen, Oxford, PA 19363 U.S.A. 20/3 or 6.667 Pratibha Kalyanpur Rao Respondent 2(b) Granddaughter Age 66 AADHAAR No. 7669 4331 1203 PAN AETPR7896A 12, RUBAIX, Plot No.400, 14th Road, Khar (W) MUMBAI - 400 052 20/3 or 6.667 Pravina Kilpady Respondent 2(c) Granddaughter Age 64 AADHAAR No. 5894 1177 0238 PAN # AFTPK9799N 3A, Greenview Apartments Dada Badi, Mehrauli, New Delhi - 110 030 20/3 or 6.667 Lata A Shirali Respondent 3 Daughter Age 91 AADHAAR No. 5987 3233 3105 PAN ASYPS5815K No.183 - South City 1, Gurgaon, Haryana - 122001 20 Tara M Mankikar Respondent 4 Daughter Age 87 AADHAAR No. 21263087 3788 PAN # AEMPM6986P Flat No.707, Shri Chitrapur coop Housing Society, No. 68 - 15th Cross, Malleswaram (W), Bangalore - 560 055 20 Premanand Baindur Grandson Age 66 AADHAAR No. No. 6, 1st Main, 11th 20/3 or 6.667 - 36 - HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER Appellant 2 9876 8964 6900 PAN AAJPB4O64E Cross, Vignan Nagar, Bangalore- 560075 Nandkishore Baindur Appellant 3 Grandson Age 64 PAN ACFPB1619M C/o Premanand Baindur, No. 6, 1st Main, 11th Cross, Vignan Nagar, Bangalore- 560075 2O/3 or 6.667 Devika Baindur
Appellant 4 Granddaughter Age 59 AADHAAR No. 5525 8474 8938 PAN # ABJPB3685N No. 661, Subramanya Nilaya, 12th Cross, 6th Main Road MC Layout, Bangalore- 560040 2O/3 or 6.667 SCHEDULE C BANK ACCOUNT DETAILS (i)Bank Account (Common) Detail of the Respondents 1 to 4 Respondents 1 to 4: Bank: SVC Co-operative Bank Ltd Branch : Vidyamandir (Malleswaram), Bangalore IFSC: SVCB0000098 Account Number: SB 109803130008207 First Holder: Pradeepchandra R Trasi [Respondent 1(d)] ii) Bank Account Detail of the Appellants 1. Premanand Baindur: (Appellant 2 for himself and Appellant 4) Bank: Indian Bank Branch : New Thippasandra, Bangalore IFSC: IDIB000N066 Account Number: SB 484664142
2.
Devika Baindur: (Appellant 3) Bank: SVC Co-operative Bank Ltd Branch : 7th Cross Malleswaram, Bangalore
- 37 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
IFSC: SVCB0000060 Account Number: SB 106003 130009476
SCHEDULE D
ILLUSTRATION FOR DISTRIBUTION OF PROCEEDS OF FLAT 204
(For the case of 2% brokerage and repairs etc paid for by Respondents 1 to 4)
Share 1:4 before adjust ment for 14(b) (i) of 5.72 lakhs
Share after adjust ment for 14(b) (i) of 5.72 lakhs & reimbur sing brokera ge paid For Case #
E: Sale Procee ds Estima te, Rs Lakhs F: Proce eds after 2% bro- kerag e = 0.98* E G: Puttur Expense by Respon dents (1 to 4)
H: Repairs paid for by Respon dents (1 to 4)
I: Net Proce eds after Expen ses F-G-H
J: Share of Appell ants = (1)/5
K: Share of Respon dents (1 to 4) = J*4+G+ H
Appella nts = J-5.72
Respon dents (1to 4) =K+5.7 2+ 0.02*E
1 70 68.6 1.92 0.5 66.18 13.23 6 55.364 7.516 62.484 2 80 78.4 1.92 0.5 75.98 15.19 6 63.204 9.476 70.524 3 90 88.2 1.92 0.5 85.78 17.15 6 71.044 11.436 78.564 4 100 98 1.92 0.5 95.58 19.11 6 78.884 13.396 86.604
Sd/-
Sd/-
1. Premanand Baindur 1.Pradeepchandra R Trasi Appellant 2 Respondent 1(d) On behalf of himself and Appellant 4 On behalf of himself and Respondents 1 to 4
- 38 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
Sd/-
Sd/-
2. Devika Baindur 2.
Sudhakar Kumble On behalf of herself as Appellant 3 Chairman, Sri, Chitrapur Co-op Housing
Society, On behalf of Respondents 5, authorized as its
Chairman
Appellants Respondents
Sd/-
Sd/- Advocate for Appellants Advocate for Respondents 1 to 4
Sd/- Advocate for Respondent no.5 Date:08.02.2026 Place:Bangalore
We, Premanand Baindur, Appellant 2 on behalf of himself and my brother Nandkishore Baindur (Appellant 4), Devika Baindur on behalf of herself (Appellant 3), Pradeepchandra R Trasi on behalf of himself and rest of the Respondents 1 to 4, and Sudhakar Kumble on behalf of Shri Chitrapur Co-op Housing Society (Respondent 5) as its Chairman and authorised signatory, solemnly affirm and state on oath that what is stated above is true to the best of our knowledge and belief. Sd/-
Sd/-
1. Premanand Baindur 1.Pradeepchandra R Trasi Appellant 2 Respondent 1(d) On behalf of himself and Appellant 4 On behalf of himself and Respondents 1 to 4
Sd/-
Sd/-
2. Devika Baindur 2. Sudhakar Kumble On behalf of herself as Appellant 3 Chairman, Sri, Chitrapur Co-op Housing
Society On behalf of Respondents 5, authorized as its
Chairman
Appellants Respondents
Date:08.02.2026 Place: Bangalore”
- 39 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
4. Sri Premanand Baindur for himself and as a power of attorney holder of Nandkishore Baindur is personally present, so also Smt Devika Baindur being the legal representative of Smt. Radha G Rao. Pradeepchandra R Trasi, who is respondent No. 1(d) is present for himself and as well as the power of attorney holder of respondents 1 to 4. Sri Sudhakar Kumble, the Chairman and authorized signatory of respondent No. 5 (Chitrapur Cooperative Housing Society) is also present. Parties are duly represented and identified by their respective counsel who are also personally present before the Court. It is submitted that the power of attorney that was executed by appellant No. 4 in favour of appellant No. 2 and, respondents 1 to 4 in favour of respondent No. 1(D) is still valid and subsisting.
The parties on a query by this Court have expressed their understanding to the terms of settlement and have confirmed to the same. - 40 -
HC-KAR NC: 2026:KHC:8527 RFA No. 1096 of 2010 C/W RFA No. 1089 of 2010 RFA No. 1095 of 2010 AND 1 OTHER
5. Perused the terms of settlement. The same do not appear to be contrary to any provision of law, as such the same is accepted. Appeals in RFA Nos. 1096/2010, 1089/2010, 1095/2010 and 1097/2010 are disposed of in terms of the settlement. Registry to draw decree accordingly. Sd/- (M.G.S. KAMAL) JUDGE
CKL List No.: 1 Sl No.: 1