Karnataka High Court
Dr Rajashree vs Dr Poornima C N on 12 October, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:37676
RSA No. 1184 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1184 OF 2020 (DEC)
BETWEEN:
DR. RAJASHREE
W/O C.S. GOPALAKRISHNA
AGED ABOUT 50 YEARS,
RAJ CHILD CARE CENTRE
POST OFFICE ROAD
CHANNAPATNA-571501
RAMANAGARA DISTRICT.
...APPELLANT
(BY SRI JOSE SABASTIAN, ADVOCATE)
AND:
1. DR. POORNIMA C.N.
W/O DR. BALAKRISHNA
Digitally signed AGED ABOUT 63 YEARS,
by SHARANYA T NO.5362, RAVIDNRANAGAR
Location: HIGH HASSAN-573201
COURT OF
KARNATAKA
2. C N MOHAN
S/O DR. LATE NAGARAJ
AGED ABOUT 69 YEARS,
NO.21, 1ST MAIN, VYALIKAVAL
BANGALORE - 560 003.
3. NAGARAJ PRASAD
S/O DR. LATE NAGARAJ
AGED ABOUT 54 YEARS,
C/O NO.21, 1ST MAIN, VYALIKAVAL,
BANGALORE - 560 003.
-2-
NC: 2023:KHC:37676
RSA No. 1184 of 2020
4. SMT. JAYALAKSHMI
W/O LATE DR. LATE NAGARAJ
AGED ABOUT 90 YEARS,
R/AT NO.505
PUROHIT STREET
CHANNPATTANA-571501
5. SMT. JYOTHI
D/O LATE DR. LATE NAGARAJ
AGED ABOUT 90 YEARS,
R/AT NO.505
PUROHIT STREET
CHANNAPATNA-571501
...RESPONDENTS
(BY SRI. PRASANNA KUMAR R.S, ADVOCATE FOR C/R1-3;
SMT. G. K. BHAVANA, ADVOCATE FOR R4 & R5)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.03.2020 PASSED IN
RA NO.11/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, CHANNAPATNA AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The respective counsels and both the parties are
present before the Court.
2. The counsel for respondent Nos.4 and 5 has
filed an application under Order 3 Rule 2 of CPC praying
this Court to permit Mr.Naren Mohan Ramesh to represent
NC: 2023:KHC:37676
RSA No. 1184 of 2020
the respondent Nos.4 and 5 and in support of the
application, an affidavit is filed by respondent No.4 and
along with special power of attorney is also produced
before the Court. In view of an application is filed by the
respondent Nos.4 and 5 and also executing the power of
attorney in favour of one Naveen Mohan Ramesh and
considering the sworn testimony of respondent No.4
accompanying the application and the same is allowed and
permitted Nareen Mohan Ramesh to represent on behalf of
respondent Nos.4 and 5.
3. The parties are present before the Court. The
respondent No.2 has also represented as power of
attorney holder to respondent No.3 and the power of
attorney has already produced while filing the Vakalath on
behalf of the respondent No.3.
4. The parties and power of attorney holders have
also signed the memorandum of compromise petition filed
under Order 23 Rule 3 of CPC. In terms of the
compromise, the parties have admitted the Will dated
05.12.1996 executed by the father in favour of their sons.
NC: 2023:KHC:37676
RSA No. 1184 of 2020
Now, the parties are entitled to compromise and a gift
deed will be executed in favour of the appellant in respect
of schedule 'E' property which is mentioned in the
compromise petition and also the respondent Nos.4 and 5
have agreed to receive an amount Rs.1,00,00,000/- (One
Crore Rupees only) from respondent No.2 and the same is
set out in paragraph No.10 of the compromise petition and
payments are made as detailed in paragraph No.10 of the
petition and the schedule 'G' property is allotted in favour
of the respondent Nos.4 and 5 apart from an amount of
One Crore rupees. The schedule 'F' property goes to
respondent No.1.
5. The parties are also present before the Court
and understood the terms of the compromise and
acknowledged the terms of the compromise. In view of the
compromise petition filed by the parties, the compromise
is accepted and parties also acknowledged the payment.
Hence, the appeal is disposed of.
6. The registry is directed to draw the decree in
terms of the compromise.
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RSA No. 1184 of 2020
7. The counsel for respondent No.1 submits that
he is not pressing the I.A.No.2/2023 and hence,
I.A.No.2/2023 is dismissed.
Sd/-
JUDGE
RHS
