Shanthappa vs Mr Benedict D Souza
2024 Latest Caselaw 27311 Kant

Karnataka High Court

Shanthappa vs Mr Benedict D Souza on 13 November, 2024

                                              -1-
                                                        NC: 2024:KHC:45954-DB
                                                        MFA No. 5243 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                           PRESENT
                          THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                              AND
                           THE HON'BLE MR. JUSTICE UMESH M ADIGA
                   MISCELLANEOUS FIRST APPEAL NO. 5243 OF 2022 (ISA)


                   BETWEEN:

                   SHANTHAPPA
                   S/O ARALAPPA
                   AGED ABOUT 45 YEARS
                   R/O. YADDALADINNI VILLAGE
                   MASKI TQ, RAICHUR DIST.
                   PRESENTLY R/O. HOUSE No.1/12-157/2
                   LAKSHMI COLONY
                   NEAR MOTHER TRUST SCHOOL
                   RAICHUR-584 101
                                                                 ...APPELLANT
                   (BY SMT. BHAVANA N. PATIL, ADVOCATE)

                   AND:
Digitally signed
by
CHANNEGOWDA        1.    MR. BENEDICT D'SOUZA
PREMA
Location: High
                         S/O LATE MR. JOHN D'SOUZA
Court of                 AGED ABOUT 44 YEARS
Karnataka
                         R/O. No.4038/1, 8TH CROSS
                         SHIVAYOGI, 1ST MAIN ROAD
                         GANDHINAGAR
                         NARASIMHARAJANAGAR
                         MYSURU-560 007

                   2.    THE BRANCH MANAGER
                         VIJAYA BANK
                         (MERGED WITH BANK OF BARODA)
                         10TH CROSS, 18TH MAIN ROAD
                         MALLESWARAM BRANCH
                               -2-
                                       NC: 2024:KHC:45954-DB
                                        MFA No. 5243 of 2022




    SAMPIGE ROAD
    BENGALURU-560 003
    DELETED AS PER COURT ORDER DATED 11.09.2024
                                         ...RESPONDENTS
(BY SRI. PRAKASH B.S., ADVOCATE FOR R1;
    V/O DATED 11.09.2024- R2 IS DELETED)

         THIS MFA IS FILED U/S 384 OF INDIAN SUCCESSION

ACT, 1925 AGAINST THE ORDER DATED 01.12.2021 PASSED

IN   P    AND   SC.No.347/2021   ON   THE   FILE   OF   THE   LV

ADDITIONAL       CITY CIVIL AND SESSIONS JUDGE, CCH-56,

BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION

372 OF INDIAN SUCCESSION ACT.


         THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MRS. JUSTICE ANU SIVARAMAN
             and
             HON'BLE MR. JUSTICE UMESH M ADIGA


                      ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

It is submitted by the learned counsel appearing on

either side that the matter has been settled out of Court.

The compromise petition dated 11.09.2024 is also on

NC: 2024:KHC:45954-DB

record. The parties i.e., appellant and respondent are also

present before us today.

2. It is submitted that the compromise may be

accepted and the Branch Manager, Vijaya Bank(merged

with Bank of Baroda), 10th Cross, 18th Main Road,

Malleshwaram Branch, Sampige Road, Bengaluru may be

directed to release the amount in the ratio of 47% with

interest in favour of appellant and 53% with interest in

favour of respondent.

3. In view of the compromise petition and the

submissions made before us by the parties, the

compromise is accepted. This appeal is disposed of

accepting the compromise. The order dated 01.12.2021

passed by the learned LV Additional City Civil and Sessions

Judge(CCH-56) at Bengaluru in P & SC No.347/2021, shall

stand modified and the modified Succession Certificate

shall be issued. Both the parties are directed to surrender

the Succession Certificate issued to them already as

NC: 2024:KHC:45954-DB

provided under Section 389 of the Indian Succession Act,

1925, within 30 days from today.

4. The Branch Manager, Vijaya Bank(merged with

Bank of Baroda), 10th Cross, 18th Main Road,

Malleshwaram Branch, Sampige Road, Bengaluru is

directed to release the amounts held in Term deposits in

terms of the schedule in the ratio of 47% in favour of

appellant herein and 53% in favour of the respondent with

interest thereon on proper identification.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

RAK