Allowed

Kumari Likitha v. Sri N Rajashekaraiah

Karnataka HC10 Jul 2024RSA/1478/2019

Case brief

AI extract

What is this about?

This regular second appeal involved property rights for minors. The court discharged the guardian of the first appellant as she had attained majority. It recorded a compromise where the respondent agreed to pay specific sums. The appeal was allowed, lower decrees set aside, and the suit decreed in terms of the compromise, directing the respondent to deposit funds for the minor's benefit.

What did the court decide?

The appeal allowed; impugned decrees set aside; suit decreed in terms of compromise with respondents directed to deposit Rs.10,00,000/- for minors.

Kumari Likitha Vs Sri N Rajashekaraiah — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:26665-DB RSA No.1478/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL REGULAR SECOND APPEAL No.1478/2019

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BETWEEN:

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KUMARI LIKITHA

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D/O H.R.BASAVALINGADEVARU AGED ABOUT 12 YEARS

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KUMAR THARUN KUMAR S/O H.R.BASAVALINGADEVARU AGED ABOUT 7 YEARS

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APPELLANT NOS.1 & 2 ARE MINORS REP. BY THEIR NATURAL GUARDIAN AND A MOTHER BY NAME SMT.MEENAKSHI K.R.

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Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

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ALL ARE NOW R/AT JANATHA COLONY BANDEPALYA, DEVARAYAPATNA AT POST TUMKUR - 572 104 …APPELLANTS

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(BY SRI V.R.BALARAJ, ADVOCATE)

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AND:

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SRI N.RAJASHEKARAIAH S/O LATE NANJAPPA

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SRI H.R.BASAVALINGADEVARU S/O N.RAJASHEKARAIAH AGED ABOUT 47 YEARS AN EMPLOYEE WORKING AT

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SRI SIDDAGANGA POLYTECHNIC COLLEGE B.H.ROAD, TUMKURU - 572 101

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NC: 2024:KHC:26665-DB RSA No.1478/2019

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SRI RUDRADEVARU S/O N.RAJASHEKARAIAH

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SRI H.R.SIDDALINGADEVARU S/O N.RAJASHEKARAIAH

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SRI H.R.GOWRI SHANKARA SWAMY S/O N.RAJASHEKARAIAH

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SRI H.R.SHIVALINGADEVARU S/O N.RAJASHEKARAIAH

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SRI H.R.GANGAMBIKA D/O N.RAJASHEKARAIAH

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(R1, R3 TO R7 DELETED VIDE COURT

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ORDER DATED 10.07.2024 …RESPONDENTS

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(BY SRI K.G.SADASHIVAIAH, ADVOCATE FOR R2; APPEAL AGAINST R1, R3 TO R7 IS DISMISSED AS NOT PRESSED VIDE COURT ORDER DATED 10.07.2024)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 02.07.2019 PASSED BY I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN R.A.NO.62/2018 PARTLY ALLOWING THE APPEAL AND TO PARTLY MODIFY THE JUDGMENT AND DECREE DATED 28.04.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MAGADI IN OS.NO.21/2015.

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THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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Appellants through their next friend and respondent No.2 are present before the Court. The appellants’ Counsel submits I.A.Nos.1 & 2 of 2024 under Order XXXII Rule 7 and Order XXXII Rule 12 of CPC for permitting the natural guardian to compromise on behalf of appellant No.2 and for discharge of guardian of appellant No.1.

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NC: 2024:KHC:26665-DB RSA No.1478/2019

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Learned Counsel for the appellants submits aadhar card of appellant No.1 along with copy of the same.

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As per the said record, date of birth of appellant No.1 is 18.08.2003. Therefore as on today, she has attained majority. Considering the same, her mother next friend is discharged and appellant No.1 is permitted to prosecute the appeal on her own. I.A.Nos.1 & 2 of 2024 are disposed of accordingly.

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Appellant No.1, next friend of appellant No.2, respondent No.2 and their Counsel submit compromise petition under Order XXIII Rule 3 of CPC. Learned Counsel for the appellant submits certificate under Order XXXII Rule 7(2) of CPC, Karnataka High Court Amendment certifying that the proposed compromise is for the benefit of minor.

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Heard parties on the compromise petition.

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As per the compromise petition, appellant No.1

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and next friend of appellant No.2 agreed to relinquish their rights on the property on receipt of Rs.10,00,000/- each in full settlement of their shares. As per the compromise petition, respondent No.2 has agreed to pay Rs.10,00,000/to each of the appellants in full and final settlement of their

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NC: 2024:KHC:26665-DB RSA No.1478/2019

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claims within three months from today. If respondent No.2 fails to pay the said amount within the stipulated time, he has agreed to pay additional sum of Rs.2,50,000/- to each of the appellants. It is agreed that if there is any default in payment of the amount, the compromise decree becomes executable.

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Satisfied that the compromise is in the interest of the minor appellant No.2. Therefore his next friend is permitted to compromise the matter on behalf of appellant No.2.

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Learned Counsel for the appellants file memo for

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dismissal of the appeal against respondent Nos.1, 3 to 7 giving up all their claims against them. Therefore, appeal against respondent Nos.1, 3 to 7 is dismissed as not pressed.

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Satisfied that the compromise is lawful. Therefore the same is recorded. Hence the following:

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ORDER

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The appeal is allowed.

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The decree of the trial Court dated 28.04.2018 in O.S.No.21/2015 on the file of the Senior Civil Judge & JMFC, Magadi and the judgment and decree dated 02.07.2019 in

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NC: 2024:KHC:26665-DB RSA No.1478/2019

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R.A.No.62/2018 passed by I Additional District & Sessions Judge, Ramanagar are hereby set aside.

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The suit in O.S.No.21/2015 is decreed against defendant No.2 in terms of the compromise petition.

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Defendant No.2/respondent No.2 shall deposit the share of appellant No.2 i.e. Rs.10,00,000/- before this Court within three months as agreed.

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On such deposit,, Registry shall invest the same in the name of minor/appellant No.2 in fixed deposit till he attains majority in Karnataka Bank Ltd., High Court Branch, Bengaluru showing mother as next friend of appellant No.2 with liberty to her to withdraw the interest accrued on the same.

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On appellant No.2 attaining majority, Registry shall release the said amount to him digitally.

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Draw decree accordingly.

Sd/JUDGE

Sd/-

JUDGE

KSR

List No.: 1 Sl No.: 0

Kumari Likitha v. Sri N Rajashekaraiah

Case brief

What is this about?

What did the court decide?

Kumari Likitha v. Sri N Rajashekaraiah

Case brief

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What did the court decide?

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