N. Srinivasalu Vs Smt. N. Jayalakshmi — Karnataka HC (2026) — LawSathi Research

N. Srinivasalu Vs Smt. N. Jayalakshmi — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Compromise petition accepted and recorded; judgment and decree dated 25/26.09.2013 in O.S.No.3190/2009 set aside; suit decreed in terms of the compromise; compromise to form part of the decree; trial Court to proceed in accordance with law for making the final decree.

Issue for consideration

Whether the terms of the compromise petition are lawful and were entered into by the parties of their own free will, warranting acceptance of the compromise and disposal of the appeal by setting aside the preliminary decree dated 25.09.2013 and decreeing O.S.No.3190/2009 in terms of the compromise. +1 more

Court's answer

The Court found the terms of the compromise lawful and recorded that all parties present and represented stated they entered the settlement of their own free will, accepting it without undue influence or coercion.

Ratio / Principle

Accepting the compromise petition, the High Court set aside the decree dated 25/26.09.2013 and decreed O.S.No.3190/2009 in terms of the compromise.

Key takeaways

The compromise shall form part of the decree.ratio¶76
The appeal stands disposed of; the trial Court is required to proceed in accordance with law for making the final decree.ratio¶77
Identity of respondent No.3(b) and respondent No.7 was verified through their original Aadhar Cards checked against the compromise petition, and they tendered signatures in the order sheet counter-signed by their respective advocates.ratio

Detailed headnote1 paragraphs

RFA (Sec.96 CPC) against preliminary decree dated 25.09.2013 of the XLIII Addl. City Civil and Sessions Judge (CCH-44), Bengaluru, in O.S.No.3190/2009 (partition), whereby the plaintiff and defendants – 1, 2A, 2B, 3 to 5, 7, 9 and 11 were held entitled to 1/8th share in the suit schedule property except the property given to defendants-8 and 10 as per Ex.D1, Ex.P3 and Ex.P4; appellants sought setting aside of the decree to the extent of portions conveyed under Exhibits-P1, P3 and D1 and allotment of 1/9th share to all parties. During the appeal the parties filed a compromise petition: respondents 3(b) and 7 proved identity through original Aadhar Cards verified against the compromise petition; appellant No.1(b), a French citizen unable to attend owing to the ongoing war in the Middle East countries, consented vide e-mail dated 09.03.2026 and her advocate signed on her behalf. Holding (oral judgment per Jayant Banerji J.; coram Jayant Banerji and Rajesh Rai K JJ.): the terms of the compromise are lawful and were entered into of the parties' own free will without undue influence or coercion; the compromise petition is accepted; the decree dated 25/26.09.2013 is set aside and O.S.No.3190/2009 is decreed in terms of the compromise; the compromise shall form part of the decree; the trial Court is to proceed in accordance with law for making the final decree. Appeal disposed of.

1 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

REGULAR FIRST APPEAL NO. 1725 OF 2013 (PAR)

BETWEEN:

SRI.N.SRINIVASALU SINCE DEAD BY LR’S

1(a) SMT.SANDHYA SRINIVASALU, W/O LATE N.SRINIVASALU, AGED ABOUT 77 YEARS, R/AT NO.13, 3^RD CROSS, VENKATADRI LAYOUT, DORESANI PALYA, BENGALURU-560 076.

Digitally signed by KAVYA G Location: High Court of Karnataka

1(b) SMT.JOUAULT KAVITHA, W/O PHILIPPE JOUAULT, AGED ABOUT 56 YEARS, R/AT NO.27, RUE DE LA, FAUVETTE 35230, BOURGBAREE F FRANCE.

1(c) SRI.NANJUNDA SREENIVASLU DEEPAK, S/O LATE N.SRINIVASALU, AGED ABOUT 53 YEARS, R/AT NO.13, 3^RD CROSS, VENKATADRI LAYOUT, DORESANIPALYA, BENGALURU-560 076.

SMT.PRAMILA, W/O. LATE SRI N. GOVINDARAJ,

2 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

SINCE DEAD BY LR’S ALREADY ON RECORD APPELLANT NO.1, 3 AND RESPONDENT NO.2

SRI N.VENUGOPAL, S/O S.M.NANJUNDA NAIDU, AGED ABOUT 72 YEARS, R/AT NO.352, 6^TH CROSS, C.T.BED BANGALORE-560 070.

SMT.PADMINI, D/O LATE KOUSALYA AND SURESH KUMAR, AGED ABOUT 36 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004.

…APPELLANTS

[BY SRI.SKANDA K. RAO, ADVOCATE FOR SRI.T.N.VISWANATHA, ADVOCATE FOR APPELLANT NOS.1(A TO C), 3 AND 4; VIDE ORDER DATED 04.06.2024, SINCE APPELLANT No.2 IS DEAD, APPELLANTS - 1, 3 AND RESPONDENT No.2 ARE THE LRs. OF DECEASED APPELLANT NO.2.]

AND:

SMT.N.JAYALAKSHMI, D/O LATE DR.S.M.NANJUNDA NAIDU, SINCE DEAD BY LRs. ALREADY ON RECORD APPELLANT NO.1, 2 AND RESPONDENT NO.2

SRI.N.PRAKASH, S/O LATE DR.S.M.NANJUNDA NAIDU, AGED ABOUT 65 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004.

SRI R.JAYANTH, S/O LATE N.RAMASWAMY NAIDU, SINCE DEAD BY LRS

3 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

3(a) SMT.VASANTHI JAYANTH, W/O LATE R.JAYANTH, AGED ABOUT 60 YEARS,

3(b) SRI AVINASH JAYANTH, S/O LATE R.JAYANTH KUMAR, AGED ABOUT 32 YEARS,

3(c) SRI AKHILESH JAYANTH, S/O LATE R.JAYANTH KUMAR, AGED ABOUT 27 YEARS,

RESPONDENTS NO.3(a) to 3(c) ARE RESIDING AT NO.2053 EAST, B.MAIN ROAD, 38^TH CROSS, 9^TH BLOCK, JAYANAGAR, BENGALURU-560 069.

SRI N.GOWTHAM RAGHUNATH, S/O LATE R.NAGENDRA NAIDU, AGED ABOUT 33 YEARS, R/AT NO.45, 4^TH CROSS, 10^TH MAIN, GURURAJA LAYOUT, BSK III STAGE, BANGALORE-560 085.

SMT.RAMYA SHWETHA, D/O LATE R.NAGENDRA NAIDU, AGED ABOUT 35 YEARS, R/A NO.45, 4^TH CROSS, 10^TH MAIN, GURURAJA LAYOUT, BSK III STAGE, BANGALORE-560 085.

SMT.SHANTHI, D/O LATE N. RAMASWAMY NAIDU, AGED ABOUT 60 YEARS, RESIDING AT 1^ST FLOOR, PROPERTY BEARING NO.2053, EASTERN MAIN ROAD, 38^TH CROSS, 9^TH BLOCK, JAYANAGARA, BENGALURU-560 069.

SRI.PREMANAND, S/O LATE N.VENKATESH,

4 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

AGED ABOUT 40 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004.

SMT.V.MALA, D/O LATE N.VENKATESH, AGED ABOUT 38 YEARS, R/AT NO.29/B, MOSQUE LANE, BEYOND KOTHWAL CHAVADI STREET CHENNAI-600 015.

SMT.THULASI VENKATESH, W/O LATE N.VENKATESH, AGED ABOUT 65 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004.

…RESPONDENTS

(V/O DTD.01.02.2019, R1 IS DEAD, APPELLANTS AND RESPONDENTS ARE LR’S OF DECEASED R1; SRI.K.SURYAPRAKASH RAO, ADVOCATE FOR R2; SRI.SIDDARTHA D.K., ADVOCATE FOR R3(A TO C); SRI.NIKHIL.D.KAMATH., ADVOCATE FOR R4 AND R5; SRI.H.R.NARAYANA RAO., ADVOCATE; FOR SRI.RAJESHWARA P.N., ADVCOATE FOR R6; R7, R8, R9 ARE SERVED UNREPRESENTED)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.09.2013 PASSED IN O.S.NO.3190/2009 ON THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION AND APPELLANT HEREIN PRAYING TO SET ASIDE THE ABOVE MENTIONED JUDGMENT AND DECREE IN O.S.NO.3190/2009 TO THE EXTENT OF DEPRIVING THE APPELLANT, A SHARE IN THE PORTIONS OF THE SCHEDULE PROPERTY CONVEYED UNDER EXHIBITS-P1, P3 AND D1 AND ALLOTTING 1/9^TH SHARE TO ALL PARTIES, AND DECREE O.S.NO.3190/2009 IN THE ENTIRELY AS SOUGHT FOR.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

5 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Pursuant to order dated 11.03.2026, the report submitted by the Registrar (Judicial) has been perused.

Today, Sri Avinash Jayanth and Sri Premananda i.e., respondent No.3(b) and respondent No.7 respectively have submitted their original Aadhar Cards, which have been verified with that submitted along with the compromise petition. These two parties have tendered their signatures in the order sheet, which has been counter-signed by their respective Advocates

As far as the appellant No.1(b)-Smt. Jouault Kavitha, W/o. Philippe Jouault is concerned, as recorded in the Order dated 11.03.2026, she is a citizen of France and due to the ongoing war in the Middle East countries, she is unable to be physically present before this Court and to sign the Memorandum of Compromise Petition. She has

6 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

consented vide e-mail dated * 09.03.2026 and has requested her advocate to sign on her behalf in the compromise * petition . Her advocate Sri. Skanda R.K.Rao is present in Court and has signed on behalf of respondent No.1(b) in the order sheet and has attested each page of the photocopy of the passport as well as the * email dated 09.03.2026 as being true copies.

We have perused the compromise petition. All

the parties have signed the compromise petition. Sri. Skanda R.K. Rao has signed on behalf of the respondent No.1 (b).

We find that the terms of the compromise are lawful and all the parties present and represented state that they have entered into the settlement on the basis of their own free will and accept the same without any undue influence or coercion on them.

In view of the aforesaid, we accept the

compromise petition.

Corrected vide court order dated 22.04.2026

7 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

The aforesaid appeal was filed seeking to set aside the judgment and decree dated 25.09.2013/26.09.2013 made by 43^rd Additional City Civil and Sessions Judge, (CCH-44) in O.S. No.3190/2009 in which the preliminary decree was made as follows:-

This suit coming on this day for final disposal before Sri. K.H. Mallappa, XLIII Additional City Civil Judge, Bengalore City, in the presence of Sri. K.P. Ashok Kumar, Advocate for the plaintiff/s and of Sri.MKJ, Advocate for D-1, 4, 5, 7, 9, 11. Sri.SFG for D3, Sri.KASB for D-8 & 10.

It is ordered and decreed that the suit of the plaintiff is decreed in part.

It is further ordered and decreed that the plaintiff, defendants – 1, 2A, 2B, 3 to 5, 7, 9 and 11 are entitled for 1/8^th share in the suit schedule property except the property given to defendants- 8 and 10 as per Ex.D1, Ex.P3 and Ex.P4. It is further ordered and decreed that parties shall bear their own costs.

Given under my hand and the seal of the Court, this the 25^th day of September 2013 .

(K.H. MALLAPPA)

XLIII Addl.City Civil & Sessions Judge, CCH-44, BANGALORE.

8 - NC: 2026:KHC:14924-DB RFA No. 1725 of 2013

HC-KAR

In view of the aforesaid settlement, the aforesaid

decree dated 25/26.09.2013 is set aside. The OS No.3190/2009 is decreed in terms of the compromise.

The compromise shall form part of the decree.

Accordingly, the appeal stands disposed of. The trial Court is required to proceed in accordance with law for making the final decree.

Sd/(JAYANT BANERJI) JUDGE

Sd/(RAJESH RAI K) JUDGE

KGR

List No.: 2 Sl No.: 6