Mrs Kamarunisa Vs Mrs Sugandhi v Pai — Karnataka HC (2025) — LawSathi Research

Mrs Kamarunisa Vs Mrs Sugandhi v Pai — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeals disposed of in terms of the joint memo: (i) appellant entitled to receive the amount deposited before the Court below with accrued interest, respondents to furnish deposit receipts; (ii) respondents to pay an additional Rs.6,00,000/- to the appellant within one week towards full and final settlement; (iii) appellant, on receiving the amounts, to re-convey 2/3rd share of the schedule property to the respondents with due procedure in terms of the order dated 27.04.2013 in R.A.No.69/2012 and R.A.No.71/2013 at the cost of the respondents on receipt of Rs.6,00,000/-; (iv) if the appellant fails to re-convey, respondents are at liberty to get it done by due process of law.

Issue for consideration

Whether the Regular Second Appeals (RSA No. 1129/2013 and RSA No. 1143/2013) could be disposed of in terms of the joint memo of settlement filed by counsel for the parties.

Court's answer

The joint memo of settlement is taken on record and both Regular Second Appeals (RSA No. 1129/2013 and RSA No. 1143/2013) are disposed of in terms of the joint memo.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru, 05.06.2025 (Ashok S. Kinagi, J.) — RSA No. 1129 of 2013 C/W RSA No. 1143 of 2013 (Mrs. Kamarunisa v. Mrs. Sugandhi V. Pai and others): Regular Second Appeals under Section 100 CPC against the judgments and decrees dated 27.04.2013 in R.A.Nos. 69 and 71 of 2012 (Ist Addl. Senior Civil Judge & CJM, Mangalore), which had partly allowed the first appeals and set aside the order dated 11.07.2012 in FDP No.27/1990 (Prl. Civil Judge & JMFC, Mangalore, D.K.) allowing the petition under Order 20 Rule 18 and Order 26 Rule 13 CPC. On a joint memo of settlement filed at final hearing, the Court disposed of both appeals: the appellant to receive the amount deposited below with accrued interest plus an additional Rs.6,00,000/- within one week towards full and final settlement, and to re-convey 2/3rd share of the schedule property to the respondents in terms of the orders dated 27.04.2013, failing which the respondents may get the re-conveyance done through due process of law.

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NC: 2025:KHC:19186 RSA No. 1129 of 2013 C/W RSA No. 1143 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1129 OF 2013 (PAR)

C/W

REGULAR SECOND APPEAL NO. 1143 OF 2013

IN RSA No. 1129/2013

BETWEEN:

MRS. KAMARUNISA W/O LATE SYED IQBAL, AGED ABOUT 58 YEARS, R/AT BEERI OF KOTEKAR, KOTEKAR VILLAGE & POST, MANGALORE TALUK - 575003

…APPELLANT

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

(BY SRI.HAREESH BHANDARY., ADVOCATE)

AND:

MRS. SUGANDHI V. PAI, W/O LATE H. VASUDEVA PAI AGED ABOUT 60 YEARS, R/AT SUGANDHI NILAYA, BEHIND MOTI MAHAL, HAMPANAKATTA, ATTAVARA VILLAGE, MANGALORE-575003.

MRS. DEEPA M. SHENOY, D/O LATE H VASUDEVA PAI, W/O H MURALIDHARA SHENOYT AGED ABOUT 36 YEARS,

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R/AT SRI NAGESH MAHALAXMI KRUPA CHITPADY, UDUPI 576 101.

MR. H. NARASIMHA PAI S/O LATE H VASUDEVA PAI, AGED ABOUT 33 YEARS, R/AT NO.402, 4^TH FLOOR, 13^TH BLOCK, HERITAGE ESTATE, DODDABALLAPURA MAIN ROAD, YELAHANKA, BANGALORE-560094.

MR. H. BADRINATH PAI S/O LATE H VASUDEVA PAI, AGED ABOUT 33 YEARS, R/AT NO.402, 4^TH FLOOR 13^TH BLOCK, HERITAGE ESTATE, DODDABALLAPURA MAIN ROAD, YELAHANKA, BANGALORE-560094.

…RESPONDENTS (BY SRI. SANDHYA U PRABHU., ADVOCATE FOR R1-R4)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 27.4.2013 PASSED IN R.A.NO.69/2012 ON THE FILE OF THE I^ST ADDL. SENIOR CIVIL JUDGE & CJM, MANGALORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DTD 11.07.2012 PASSED IN FDP NO.27/1990 ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC., MANGALORE, D.K, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 AND ORDER 26 RULE 13 OF CPC.,

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HC-KAR

IN RSA NO. 1143/2013

BETWEEN:

MRS. KAMARUNISA W/O LATE SYED IQBAL AGED ABOUT 58 YEARS, R/A BEERI OF KOTEKAR, KOTEKAR VILLAGE AND POST MANGALORE TALUK - 575003.

...APPELLANT

(BY SRI. HAREESH BHANDARY. T., ADVOCATE)

AND:

MRS. SUGANDHI V PAI W/O LATE H. VASUDEVA PAI, AGED ABOUT 60 YEARS, R/A SUGANDHI NILAYA, BEHIND MOTI MAHAL, HAMPANAKATTA, ATTAVARA VILLAGE, MANGALORE-575 003.

MRS. DEEPA. M. SHENOY, D/O LATE H. VASUDEVA PAI. W/O H. MURALIDHARA SHENOY, AGED ABOUT 36 YEARS, R/A SRI NAGESH MAHALAXMI KRUPA CHITPADY, UDUPI-576 101.

MR. H. NARASIMHA PAI S/O LATE H VASUDEVA PAI, AGED ABOUT 33 YEARS, R/A NO.402, 4^TH FLOOR, 13^TH BLOCK, HERITAGE ESTATE, DODDABALLAPURA MAIN ROAD,

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YELAHANKA, BANGALORE 560 094.

MR H BADRINATH PAI S/O LATE H VASUDEVA PAI, AGED ABOUT 33 YEAR, R/A NO.402, 4^TH FLOOR, 13^TH BLOCK, HERITAGE ESTATE, DODDABALLAPURA MAIN ROAD, YELAHANKA, BANGALORE 560 094.

...RESPONDENTS

(BY SRI. SANDHYA U PRABHU.,ADVOCATE FOR C/R1)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 27.04.2013 PASSED IN R.A.NO.71/2012 ON THE FILE OF THE I ADDL. SENILOR CIVIL JUDGE & CJM, MANGALORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 11.7.2012 PASSED IN FDP NO.27/1990 ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC., MANGALORE, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 AND ORDER 26 RULE 13 OF CPC.,

THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

Respondent No.1 is present.

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HC-KAR

2. Learned counsel for the parties filed a joint

memo which reads as under:

"The undersigned counsels to the parties submits that the above appeals are settled in terms of the following mentioned conditions:"

1. That the appellant is entitled to receive the amount deposited before the Court below including accrued interest thereon and respondent to furnish the receipts for having deposited the amount.

2. That the respondent has agreed to pay an additional amount of Rs.6,00,000/- (Rupees Six Lakh only) in addition to the deposited amount to the appellant within 1 (one) week from today, towards full and final settlement.

3. That the appellant on receiving the aforesaid amount, agreed to re-convey 2/3^rd share of the schedule property in favour of the respondents with due procedure in terms of the order dated 27.04.2013 in R.A.No.69/2012 and R.A.No.71/2013 in the Court of I additional Senior Civil Judge, Mangalore at the cost of the

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respondents on the date of receipt of Rs.6,00,000/-.

4. That in case the appellants fail to re-convey the respondents are at liberty to get it done by due process of law.

5. In terms of the above understanding both the parties have settled the matter amicably.

Wherefore, it is prayed that the above appeals may kindly be disposed in terms of the above conditions, in the interest of justice and equity."

Learned counsel for the parties jointly submits that the appeals may be disposed of in terms of the joint memo.

The Joint memo is taken on record.

The appeals are disposed of in terms of

the joint memo.

Sd/(ASHOK S.KINAGI) JUDGE

RCK List No.: 2 Sl No.: 1