Karnataka High Court

Smt Savithri vs Smt Y M Mahadevamma on 11 March, 2022

Bench: R. Nataraj

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF MARCH, 2022

                        BEFORE

          THE HON'BLE MR.JUSTICE R.NATARAJ

 REGULAR SECOND APPEAL NO.1819 OF 2013 (DEC/INJ)

BETWEEN:

SMT. SAVITHRI
W/O LATE RANGAIAH,
AGED ABOUT 46 YEARS,
HOUSE NO.13/69,
2ND CROSS,
DR. AMBEDKAR EXTENSION,
CHAMARAJANAGAR-571313.
                                  ...APPELLANT
(BY SRI. N.G.KOTRE, ADVOCATE)

AND:

1.     SMT. Y.M. MAHADEVAMMA
       W/O LATE SRI RANGAIAH
       AGED ABOUT 53 YEARS
       GAUTHAM STREET
       YELANDUR TOWN
       CHAMARAJANAGAR DIST.-571414.

2.     Y.R.RAMESH
       S/O LATE RANGAIAH,
       AGED ABOUT 25 YEARS,
       R/A GOUTHAM EXTENSION,
       YELANDUR TOWN,
       CHAMARAJANAGAR DISTRICT-571414.

3.     Y.R.RAGHAVENDRA
       S/O LATE RANGAIAH
       AGED ABOUT 23 YEARS,
       R/A GOUTHAM EXTENSION,
                            2


      YELANDUR TOWN,
      CHAMARAJANAGAR DISTRICT-571414.

4.    THE STATE OF KARNATAKA
      REPRESENTED BY
      CHIEF SECRETARY
      VIDHANA SOUDHA
      BANGALORE-560001.

5.    THE DIRECTORATE OF TREASURY
      FIRST FLOOR
      PODIUM BLOCK,
      VISHVESHWARAIAH CIRCLE,
      AMBEDKAR ROAD,
      BANGALORE-560001

6.    THE DISTRICT INSURANCE OFFICER,
      KGID,
      DISTRICT OFFICE COMPLEX,
      B.R.HILLS ROAD,
      DOUBLE ROAD,
      CHAMARAJANAGAR-571313.

7.    THE DISTRICT OFFICER
      DISTRICT TREASURY,
      MINI VIDHANA SOUDHA BUILDING,
      B.R. HILLS ROAD, DOUBLE ROAD,
      CHAMARAJANAGAR-571313

8.    THE DIRECTORATE OF ACCOUNTS,
      GENERAL OFFICE,
      BANGALORE-560001

9.    Y.R.SHILPA
      D/O LATE RANGAIAH
      MAJOR,
      HOUSE NO.13/69, 2ND CROSS,
      DR.AMBEDKAR EXTENSION,
      CHAMARAJANAGAR-571313

10.   Y.R.SATHISH
      S/O LATE RANGAIAH
      MAJOR
                               3


      HOUSE NO.13/69, 2ND CROSS,
      DR.AMBEDKAR EXTENSION,
      CHAMARAJANAGAR-571313.

11.   Y.R.LAKSHMEESHA,
      S/O LATE RANGAIAH
      MAJOR,
      HOUSE NO.13/69, 2ND CROSS,
      DR.AMBEDKAR EXTENSION,
      CHAMARAJANAGAR-571313.
                                              ...RESPONDENTS

(BY SRI. ANANTHARAM G.R., ADVOCATE FOR CAVEATOR/
RESPONDENT NOs.1 TO 3;
SRI. V.SHIVA REDDY, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NOs.4 TO 7;
SRI. M.S.PRASHANTH, ADVOCATE FOR RESPONDENT NOs.9 TO
11;
NOTICE IS SERVED ON RESPONDENT NO.8)

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908
AGAINST THE JUDGMENT AND DECREE DATED 25.09.2013
PASSED IN R.A.NO.67/2012 ON THE FILE OF SENIOR CIVIL
JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED
14.08.2012 PASSED IN O.S. NO.219/2006 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC, CHAMARAJANAGAR.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

This appeal is filed by the defendant No.6 in O.S.

No.219/2006 on the file of the Additional Civil Judge and

JMFC., Chamarajanagar, (henceforth referred to as 'the

Trial Court') by which the Trial Court held that the plaintiff

No.1 is the legally wedded wife of late Rangaiah and

plaintiff Nos.2 and 3 are their children. It restrained

defendant Nos.2 to 5 from making any payment of service

benefits of Sri Rangaiah to the defendant No.6. This

Judgment of the Trial Court was modified by the Court of

Senior Civil Judge and CJM., Chamarajanagar, (henceforth

referred to as the 'First Appellate Court') in R.A.

No.67/2012 and it was declared that the plaintiff Nos.1 to

3 are entitled to 1/6th share each while the defendant

Nos.7 to 9 are entitled to the remaining 1/6th share each in

the retirement and death benefits of deceased Rangaiah.

2. Being aggrieved by the aforesaid, the present

appeal is filed by the defendant No.6.

3. During the pendency of this appeal, the

defendant No.6/appellant, plaintiffs/respondent Nos.1 to 3

and defendant Nos.7 to 9/respondent Nos.9 to 11 have

negotiated a settlement and have today filed a

compromise, the terms of which read as follows:

"5. The Respondent No.1 shall receive 65% of the Pension benefits of late Rangaiah till date while the Appellant herein shall receive the remaining 35% of the Pension benefits of late Rangaiah till date, from the respondents 4 to 8 herein. The Respondent No.1 herein hereby concedes and consents to the Appellant herein receiving the Regular Pension payments from the respondents 4 to 8 that accrue hereafter from this day in full and final settlement and satisfaction of all her claims relating to the estate of late Rangaiah.

6. Pursuant to the Judgement and decree passed by the trial court, the Respondents No.1 to 3 had received a total sum of Rs.2,15,000/- from the respondents 4 to 8 herein towards the death benefit of late Rangaiah. Out of the remaining death benefits of late Rangaiah, the Respondent No.1 shall receive 65% of the Retirement and Death benefits of late Rangaiah till date while the Appellant herein shall receive the remaining 35% of the Retirement and Death benefits of late Rangaiah till date, from the respondents 4 to 8 herein.

7. The Appellant and the Respondents 9 to 11 hereby give up their objections and claims whatsoever with respect to appointment on compassionate grounds with the respondents 4 to 8, since late Rangaiah had died while in service and anyone of the Respondents 1 to 3 shall be entitled to avail the said benefit as may be mutually agreed amongst themselves.

8. The Appellant and the Respondents No.1 to 3 and 9 to 11 hereby place on record

that they have agreed by a separate instrument to amicably resolve their interse dispute in the pending civil suit between the parties in Yelandur separately with respect to other properties.

9. All the parties herein hereby place on record that in view of the settlement herein arrived at, each of the respective branches and each of the parties herein shall not have any mutual claims against the other and their respective properties herein settled, hereafter.

10. All the parties herein hereby place on record that the settlement herein arrived at is just and proper, to their full satisfaction and that all the parties herein have entered into this settlement of their own volition, free consent and without any coercion or undue influence by any persons.

11. The Respondents 4 to 8 are required to be directed to disburse the pension, retirement and death benefits of the deceased Rangaiah in terms herein agreed and to consider the request for appointment on compassionate ground of any one of the respondents 1 to 3 herein, in terms of this compromise petition.

Wherefore, the Appellant and the Respondents 1 to 3 and 9 to 11 humbly pray that the Hon'ble Court may be pleased to dispose off the above regular second appeal in substitution of the appellate decree dated 25- 09-2013 passed in R.A.No.67 of 2012 of the learned Senior Civil Judge and C.J.M., Chamarajanagar, in terms hereof, and costs be made easy, in the interest of justice."

4. As a consequence of the settlement, the

plaintiff No.1/respondent No.1 shall receive 65% of the

service benefits of late Rangaiah while the remaining 35%

of the service benefits will go to the defendant

No.6/appellant. Likewise, in so far as the appointment on

compassionate grounds is concerned, the defendant

No.6/appellant and defendant Nos.7 to 9/respondent Nos.9

to 11 have given up their claim in favour of any of the

plaintiffs. Since the compromise is just and reasonable

and fair, the same is accepted.

5. The appellant, respondent Nos.1 to 3 and

respondent Nos.9 to 11 are present in person. They all