Karnataka High Court
Sumathi Shedthy vs Bukka Shetty on 24 July, 2025
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RSA No. 535 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 535 OF 2011 (DEC)
BETWEEN:
1. SUMATHI SHEDTHY
AGED ABOUT 54 YEARS,
D/O LATE KAMALA SHEDTHY,
SINCE DECEASED REP. BY HER LRS
1(a) K. VASANTH KUMAR SHETTY
AGED ABOUT 68 YEARS,
S/O LATE DR. RAJEEV SHETTY &
LATE SMT. SUMATHI R. SHETTY,
R/AT 103, VIJAYANAGAR
COURT APARTMENT,
82 C.H.B.C.S LAYOUT, 5TH MAIN,
21ST CROSS, VIJAYANAGAR,
BENGALURU-560 040.
Digitally
signed by C
HONNUR SAB 1(b) SMT. BHARATHI S SHETTY
Location: AGED ABOUT 66 YEARS
HIGH COURT
OF D/O LATE DR. RAJEEV SHETTY &
KARNATAKA LATE SMT. SUMATHI R. SHETTY,
R/AT FLAT NO.D-404,
RENAISSANCE BRINDAVAN,
UTTARAHALLI MAIN ROAD,
BENGALURU-560 046.
1(c) K. BALAKRISHNA SHETTY
AGED ABOUT 64 YEARS,
D/O LATE DR. RAJEEV SHETTY &
LATE SMT. SUMATHI R. SHETTY,
R/AT F4 PSR RESIDENCY BLOCK 1,
KRISHNAPPA BLOCK, 5TH MAIN,
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6TH CROSS, GANGANAGAR EXT.,
R.T. NAGAR POST, BENGALURU-560 032.
1(d) SMT. VADANA RAVIRAJ SHETTY
AGED ABOUT 55 YEARS,
D/O LATE DR. RAJEEV SHETTY &
LATE SMT. SUMATHI R SHETTY,
R/AT NO.3 A, SRIRAKSHA,
3RD MAIN, 3RD CROSS, 5TH STAGE,
1ST PHASE, BEML LAYOUT,
RAJARAJESHWARI NAGAR,
BENGALURU-560 098.
2. KARUNAKARA SHEDTHY
AGED ABOUT 81 YEARS,
S/O LATE SHESHAMMA SHEDTHI,
SINCE DEAD BY LRS
2(a) SHOBHA K SHETTY
AGED ABOUT 64 YEARS,
W/O LATE KARUNAKAR M SHETTY,
R/AT PRATIKSHA, NO.199, 2ND CROSS,
1ST BLOCK, KORAMANGALA,
BANGALORE-560 034.
2(b) PRASAD SHETTY
AGED ABOUT 42 YEARS,
S/O LATE KARUNAKAR M SHETTY,
R/AT PRATIKSHA, NO.199, 2ND CROSS,
1ST BLOCK, KORAMANGALA,
BANGALORE-560 034.
2(c) PRADEEP SHETTY
AGED ABOUT 40 YEARS,
S/O LATE KARUNAKAR M SHETTY,
R/AT PRATIKSHA, NO.199, 2ND CROSS,
1ST BLOCK, KORAMANGALA,
BANGALORE-560 034.
2(d) PREETAM SHETTY
AGED ABOUT 38 YEARS,
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S/O LATE KARUNAKAR M SHETTY,
R/AT PRATIKSHA, NO.199, 2ND CROSS,
1ST BLOCK, KORAMANGALA,
BANGALORE-560 034.
3. VEENA @ YASHODA
AGED ABOUT 71 YEARS,
D/O LATE SHESHAMMA SHEDTHI,
4. ARUN KUMAR SHETTY
AGED ABOUT 67 YEARS,
S/O LATE SHESHAMMA SHEDTHI,
5. SMT. LEELAVATHI
AGED ABOUT 65 YEARS,
D/O LATE SHESHAMMA SHEDTHI,
SINCE DEAD BY LRS
APPELLANT NOS.3, 4, 6 & 8
6. SMT. BHARATHI
AGED ABOUT 63 YARS,
D/O LATE SHESHAMMA SHEDTHI,
7. SMT. ACHALA
AGED ABOUT 61 YEARS,
D/O LATE SHESHAMMA SHEDTHI,
SINCE DEAD BY LRS
APPELLANT NO.3, 4, 6 & 8
8. SMT. NIRMALA
AGED ABOUT 59 YEARS,
D/O LATE SHESHAMMA SHEDTHI,
9. GANESHA
AGED ABOUT 57 YEARS,
S/O LATE SHESHAMMA SHEDTHI,
SINCE DEAD BY LRS
9(a) SUVIDHA SHETTY
AGED ABOUT 45 YEARS,
S/O LATE GANESH SHETTY,
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R/AT ANUGRAHA 1-168,
VENKATAYYA HEGDE ROAD,
PARIKA ATHRADI POST,
UDUPI-576 107.
10. SMT. SUGANDHI
AGED ABOUT 55 YEARS,
D/O LATE SHESHAMMA SHEDTHI,
11. SRIDHARA SHETTY
AGED ABOUT 91 YEARS,
S/O LATE SEETHA SHEDTHI,
SINCE DEAD BY LRS APPELLANT NO.12
12. VISHALAKSHI SHEDTHI
AGED ABOUT 67 YEARS,
D/O LATE SEETHA SHEDTHI,
ALL ARE RESIDING AT
KEDIYOOR VILLAGE,
UDUPI TALUK, POST KEDIYOOR.
...APPELLANTS
(BY SMT. LATHA S. SHETTY, ADVOCATE)
AND:
BUKKA SHETTY
(SINCE DECEASED REPRESENTED BY HER LRS)
RATHNA SHETTY
(SINCE DECEASED REPRESENTED BY HER LRS)
1. K. UDAYA KUMAR SHETTY
AGED ABOUT 75 YEARS,
S/O LATE BUKKA L. SHETTY,
2. K. CHANDRAKANTH SHETTY
AGED ABOUT 72 YEARS,
S/O LATE BUKKA L. SHETTY,
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3. K. DHANYARAJ SHETTY
AGED ABOUT 71 YEARS,
S/O LATE BUKKA L. SHETTY,
K. BALAKRISHNA SHETTY
SINCE DECEASED BY HIS LR
4. SMT. KUMUDA
AGED ABOUT 60 YEARS,
D/O LATE BUKKA L. SHETTY,
5. ROHIT SHETTY
AGED ABOUT 39 YEARS,
IS GRAND SON OF
LATE BUKKA L. SHETTY,
6. MISS PAVTHIRA
AGED ABOUT 36 YEARS,
IS GRAND DAUGHTER OF
LATE BUKKA L. SHETTY,
APPELLANTS NO.1 TO 6
R/AT BADAGU MANE, KEDIYOOR VILLAGE,
POST: KEDIYOOR, UDUPI TALUK.
7. INDIRA
AGED ABOUT 57 YEARS,
D/O LATE RATHNA SHETTY,
8. JYOTHISCHANDRA
AGED ABOUT 49 YEARS,
S/O LATE RATHNA SHETTY,
9. GIRISHCHANDRA
AGED ABOUT 47 YEARS,
S/O LATE RATHNA SHETTY,
APPELLANT NO.7 TO 9 ARE
RESIDING AT BADAGU MANE,
KEDIYOOR VILLAGE,
POST: KEDIYOOR, UDUPI TALUK.
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10. GEETHA
AGED ABOUT 48 YEARS,
W/O LATE K. BALAKRISHNA SHETTY,
11. MASTER SONU
MINOR,
S/O LATE K. BALAKRISHNA SHETTY,
REP. BY NEXT FRIEND MOTHER
RESPONDENT NO.10
RESPONDENT NO.10 AND 11 ARE
R/AT ATHAMANA NAGAR,
T.J.CHAMBERS,
CHINCH ROAD, PUNE.
...RESPONDENTS
(BY SRI. SAMARTH SHREEDHAR, ADVOCATE FOR
R1 TO R4, R6 TO R11;
R5 IS GPA HOLDER FOR R1 TO R4, R6 TO R11;
V/O. DATED 19.06.2024, R1, R3 & R4 ARE
LRS OF DECEASED R2)
THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING
TO (A) CALL FOR RECORDS IN R.A.NO.114/1996 BEFORE THE
FAST TRACK COURT AT UDUPI; (B) SET ASIDE THE JUDGMENT
AND DECREE DATED 31.8.1996 IN O.S.NO.87/1995 PASSED BY
THE PRINCIPAL MUNSIFF, UDUPI AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL JUDGMENT
This appeal is arising from the divergent finding in a
suit for declaration and injunction. The suit was initially
dismissed. Thereafter, an appeal is filed in RA
No.114/1996 on the file of the Fast Track at Udupi,
challenging the judgment and decree in O.S.No.87/1995
on the file of the Principal Civil Judge (Jn.Dvn.), Udupi,
was allowed. Consequently, the suit is decreed. Hence,
the defendants are before this Court in the second appeal.
2. Learned counsel for the appellants and learned
counsel appearing for respondents No.1 to 4 and 6 to 11
jointly submit that the parties have entered into
settlement and terms of the settlement are reduced into
writing.
3. Power of Attorney holder of the appellants is
present before the Court.
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4. Respondent No.5 is present before the Court
and he represents the remaining respondents as Power of
Attorney holder.
5. The dispute is relating to Sy.No.46/10
measuring 57 cents in Kidiyoor village, Udupi Taluk. The
Power of Attorney holder of the appellants and the Power
of Attorney holder of the respondents who are present
before the Court jointly submit that they have voluntarily
entered into settlement after understanding the terms and
conditions incorporated in the compromise petition filed
today. The terms and conditions are as under:
"1. That the Appellants and Respondents as per the original
oral partition in the year 1935 have agreed to divide
the property bearing Sy.No.46/10 measuring 57 cents
(0.57 Acres) situated in Kidiyur Village, Udupi Taluk,
Kidiyur-576 148 equally amongst the four Kavaru's (i.e.
Seethamma Shedthi Kavaru, Muthakka Shedthy
Kavaru, Kavu Shedthy Kavaru & Snaki Shedhti Kavaru).
2. That the appellant and respondents agree to set aside
the finding in order dated 12.11.2010 in
R.A.No.114/1996 passed by the Fast Track Court, Udupi
and confirm the order dated 31.8.1996 in
O.S.No.87/1995."
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6. This Court after going through the terms and
conditions of the settlement is of the view that the
settlement is lawful and there is no impediment to accept
the terms of the settlement.
7. Accordingly, the compromise petition is
accepted. The impugned judgments and decrees passed
by the trial Court and First Appellate Court are modified in
terms of the compromise petition.
Registry to draw decree accordingly.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
TL
