Mrs Tina Prabhu Vs Mrs Veronica Mathias

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NC: 2026:KHC:31263-DB RFA No. 257 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 257 OF 2021 (PAR/POS)

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BETWEEN:

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MRS. TINA PRABHU @ CHRISTINE ANNE PRABHU W/O MR D PRABHU SINCE DECEASED REPRESENTED BY HER LRS:

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MR. D. PRABHU S/O LATE DR WILFRED D COSTA AGED ABOUT 80 YEARS

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(APPELLANT NO.1 IS DEAD BY

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Digitally signed by PAVITHRA N

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Location: High Court of Karnataka

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HIS NAME DELETED VIDE ORDER DATED 23.06.2026)

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MRS. DEEPA ARANHA W/O GERARD ARANHA AGED ABOUT 41 YEARS

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MRS. ANJALI AGNES LOUIS W/O FRANKLIN LOUIS AGED ABOUT 38 YEARS

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MR. SARVOJITH WILFRED STANISLAUS PRABHU S/O D PRABHU AGED ABOUT 35 YEARS

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HC-KAR

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ALL ARE RESIDING AT NO.51 MOHINI APARTMENTS REST HOUSE ROAD BENGALURU-560 001

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…APPELLANTS

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(BY SRI. CHANDRASHEKAR S., ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE)

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AND:

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MRS. VERONICA MATHIAS W/O LATE MR MICHAEL PHILLIP ANTHONY MATHIAS AGED ABOUT 57 YEARS NO.16, VITTAL MALLYA ROAD BANGALORE-560 001

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MR. BENEDICT MATHIAS S/O LATE MR MICHAEL PHILIP ANTHONY MATHIAS AGED ABOUT 29 YEARS NO.16, VITTAL MALLYA ROAD BANGALORE-560 001

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MR. STEPHEN MATHIAS S/O LATE MR. MICHAEL PHILIP ANTHONY MATHIAS AGED ABOUT 26 YEARS NO.16, VITTAL MALLYA ROAD BANGALORE-560 0014

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MISS TANYA MATHIAS D/O LATE MR MICHAEL PHILIP ANTHONY MATHIAS AGED ABOUT 33 YEARS NO.16, VITTAL MALLYA ROAD BANGALORE-560 001

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MS MARINA MATHIAS W/O LATE MR LAWRENCE JOSEPH MATHIAS AGED ABOUT 51 YEARS NO.461, KILPAUK GARDEN ROAD CHENNAI-600 010

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NC: 2026:KHC:31263-DB RFA No. 257 of 2021

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HC-KAR

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MRS. SUNITA MARIE THERESE D'SILVA D/O LATE MR LAWRENCE JOSEPH MATHIAS AGED ABOUT 28 YEARS

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NO.461, KILPAUK GARDEN ROAD CHENNAI-600 0107

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MISS NAYANTARA DOROTHY MATHIAS D/O LATE MR LAWRENCE JOSEPH MATHIAS AGED ABOUT 23 YEARS

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NO.461, KILPAUK GARDEN ROAD CHENNAI-600 0108

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MISS RASIKA ANNE MATHIAS D/O LATE MR LAWRENCE JOSEPH MATHIAS AGED ABOUT 21 YEARS NO.461, KILPAUK GARDEN ROAD CHENNAI-600 010

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MRS LOUIZA MATHIAS W/O LATE MR LOUIS SATURNINE MATHIAS AGED ABOUT 50 YEARS NO.15, VITTAL MALLYA ROAD BANGALORE-560 001

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MISS KEYA MATHIAS D/O LATE MR LOUIS SATURNINE MATHIAS AGED ABOUT 26 YEARS NO.15, VITTAL MALLYA ROAD BANGALORE-560 00111

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MISS NISHA MATHIAS D/O LATE MR LOUIS SATURNINE MATHIAS AGED ABOUT 24 YEARS NO.15, VITTAL MALLYA ROAD BANGALORE-560 001

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MISS SHONALI MATHIAS D/O LATE MR LOUIS SATURNINE MATHIAS AGED ABOUT 24 YEARS NO.15, VITTAL MALLYA ROAD BANGALORE-560 001

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HC-KAR

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MRS LOUISE ROSE MARIE PINTO W/O MR J A PINTO AGED ABOUT 51 YEARS NO.4, WARE ROAD BANGALORE-560 005

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MR PHILLIP MATHIAS R/A NO.6 MUSEUM ROAD BENGALURU-560 001

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MR MARK MATHIAS R/A NO.32 MUSEUM ROAD BENGALURU-560 001

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MR DENNIS MATHIAS C/O PETER MATHIAS R/A NO.43, REST HOUSE ROAD BENGALURU-560 001

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MR PETER MATHIAS R/A NO.43 REST HOUSE ROAD BENGALURU

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MR PAUL MATHIAS C/O PETER MATHIAS R/A NO.43 REST HOUSE ROAD BENGALURU-560 001

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MR. DAVID MATHIAS C/O PETER MATHIAS R/A NO.43, REST HOUSE ROAD BENGALURU-560 001

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MRS KATHARINE MARY ALBUQUERQUE W/O MR A B J ALBUQUERQUE AGED ABOUT 62 YEARS

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NC: 2026:KHC:31263-DB RFA No. 257 of 2021

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HC-KAR

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NO.4-A, MARBLE ARCH, 5, BISHOP WALLERS AVENUE MYLAPORE CHENNAI-600 004

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…RESPONDENTS

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(BY SRI. S R KAMALACHARAN, ADVOCATE FOR R1 TO R3, R9 TO R12;

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MS. ANN MARY GREEN, ADVOCATE FOR R5 TO R8; R4, R13, R14, R15, R16, R17, R18, R19 ARE SERVED AND UNREPRESENTED;

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R20-DECEASED VIDE COURT ORDER DATED 11.09.2024 APPELLANT IS EXEMPTED FROM BRINGING LR'S OF R20 ON RECORD)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST

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THE JUDGMENT AND DECREE DATED 27.11.2019 PASSED IN

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OS.No.1349/1998 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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THIS APPEAL, COMING ON FOR FINAL DISPOSAL, THIS

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DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T

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NC: 2026:KHC:31263-DB RFA No. 257 of 2021

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HC-KAR

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ORAL JUDGMENT

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

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This appeal is preferred challenging the judgment and decree dated 27.11.2019 passed in O.S.No.1349/1998 by the XXIX Additional City Civil and Sessions Judge at Bengaluru City, (CCH-30).

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A Memo is filed seeking withdrawal of the appeal stating that the parties have settled the matter. It is stated in the memo as follows;

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"A. The above appeal has been filed challenging the judgement and decree dated 27.11.2019 passed in O.S. No. 1349/1998 by the XXIX Addl. City Civil and Sessions Judge, Bengaluru.

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B. During the pendency of these proceedings, the Parties having deemed it appropriate to settle all their disputes and differences have negotiated, discussed and have arrived at a mutually agreeable compromise amongst themselves.

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C. Accordingly, the Appellants submit as follows:

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1. The Appellants hereby agree that they will not henceforth contest or challenge the registered Will dated 27.11.1964 of late Mr. C.S. Mathias, probate of which Will has been granted in P. & SC. No.3/1972 on 07.04.1972 by the III Addl. District Judge, Bengaluru;

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HC-KAR

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2. Appellants further agree that henceforth they will not contest or challenge the distribution of the estate of late Mr. C.S. Mathias amongst his legatees, and shall have no claims in respect of the properties and interests bequeathed by him to his three sons, namely late Mr. M.P.A. Mathias, late Mr. L.J. Mathias and late Mr. L.S. Mathias, and all properties that they owned, purchased or otherwise inherited, are properties that unconditionally belong to their respective families;

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3. The Appellants hereby withdraw all their claims against the Respondent Nos. 1 to 12 in respect of the suit Schedule A, B, C & D Properties and their claims made against the estate of late Mr. C.S. Mathias and withdraw and relinquish all claims against any or all properties or business interests owned by Mr C.S. Mathias, whether movable or immovable or whether inherited or purchased by him, solely or jointly;

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4. Appellants hereby unconditionally undertake that they shall not henceforth contend or claim that late Mrs. Gwendoline Agnes Mathias was the joint owner of Schedule C Property i.e., the residential house on Vittal Mallya Road, Bengaluru, and consequently withdraw all claims to any right, share or interest in the suit Schedule C Property through late Mrs. Gwendoline Agnes Mathias;

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5. The Appellants withdraw and relinquish all claims against any properties owned or purported to be owned by Gwendoline Agnes Mathias, whether movable or immovable or whether inherited or purchased by her solely or jointly;

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NC: 2026:KHC:31263-DB RFA No. 257 of 2021

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HC-KAR

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6. Respondent Nos. 14 to 19 are partners of the firm known as 'Diwan Bahadur S.L. Mathias and Sons' which is a partnership firm that owns the Schedule 'A' Properties and operates a plantation by name Kelagur Tea Estate therein, in Chikkamagalur district. The Appellants hereby withdraw all claims made against Respondent Nos. 14 to 19 and partners of Diwan Bahadur S.L. Mathias and Sons and against Diwan Bahadur SL Mathias and Sons and any properties owned or possessed by it and unconditionally state that they have no right or interest in the said Firm or its properties;

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7. In light of the settlement arrived at by the parties, in order to restore family harmony and as a measure of goodwill, Respondent Nos. 1 to 12 have paid a sum of Rs.6,00,00,000/- (Rupees Six Crores only) to the Appellants, in the following manner:

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(i) To Appellant No. 3, Mrs. Deepa Victoria Aranha, a sum of Rs.2,00,00,000 (Rupees Two Crores) by way of demand draft;

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(ii) To Appellant No. 4, Mrs. Anjali Agnes Louis, a sum of Rs.2,00,00,000 (Rupees Two Crores) by way of demand draft;

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(iii) To Appellant No. 5, Mr. Sarvojith Wilfred Stanislaus Prabhu, a sum of Rs.2,00,00,000/-(Rupees Two Crores) by way of demand draft;

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8. The Appellants above named acknowledge receipt of the above demand drafts before this Hon'ble Court in full and final satisfaction of all their claims in the suit and in this appeal and further undertake not to institute any suit or

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HC-KAR

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other proceedings against the Respondents in respect to the suit schedule mentioned properties or the properties owned by the Respondents in future as the parties have voluntarily arrived at an amicable final settlement after obtaining professional advice from their respective counsel;

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9. It is understood that the payments made for arriving at a full and final settlement between the parties and recording accord and satisfaction are as a measure of goodwill and compensation and the Appellants acknowledge and agree that they have no claim in respect of the Schedules A, B, C & D Properties;

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10. The Appellants further confirm and declare that they have no right, title, share or interest in any of the Schedule A, B, C or D Properties and all their claims in that regard in the suit and this appeal are withdrawn, unconditionally;

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WHEREFORE, the Parties above named respectfully pray hat this Hon'ble Court may be pleased to dismiss this appeal as withdrawn and settled out of Court in terms of the aforesaid compromise, in the interests of justice and equity.

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