IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO. 5248 OF 2015 (ISA) BETWEEN Smt. Rathnamma, W/o Late M. Thimmappa, Aged about 51 years, R/at Plenahalli Village, Donimodugu Post, Kamasamudram Hobli, Bangarapet Taluk – 563 114, Kolar District. ... Appellant (By Sri. V.B. Siddaramaiah, Advocate) AND 1. Smt. Muniyamma, W/o Late M. Thimmappa, Aged about 54 years, R/at Plenahalli Village, Donimodugu Post, Kamasamudram Hobli, Bangarpet Taluk – 563 114, Kolar District.
2. Divisional Railway Manager, SWR Railways, SBC Division, Bangalore City, Bangalore – 560 009, Karnataka State.
3. AEN (Assistant Executive Engineer) SWR Railways, SBC Division, Bangalore City, Bangalore – 560 009, Karnataka State.
4. FA and CAO, (Financial Advisor & Coaching Accounts Officer) SWR Railways, SBC Division, Bangalore City, Bangalore – 560 009, Karnataka State.
5. PW1, SWR Railways, Hosur Town – 635 110, Krishnagiri District, Tamilnadu State.
6. The Manager, Panjab National Bank, Thoppanahalli Branch, Tooppanahalli, Kamasamudram Hobli, Bangarapet Taluk – 563 114, Kolar District.
7. Smt. Bhoolakshmi, W/o Thimmarayappa, D/o Late Thimmappa, Aged about 33 years, R/at Bepalapalli Village, Peddasingaralappali Post, Hosur Taluk – 635 110, Krishnagiri District, Tamilnadu State. ... Respondents (By Sri. N. Narayanappa, Advocate and Sri. G. Mannivannan, Advocate for R1.
Sri. Abhinay Y.T., Advocate for R2 to R5. Sri. Varadaraj R. Havaldar, Advocate for R6. Sri. K. Vishwanath, Advocate for R7.) This MFA is filed under Section 384 of India Succession Act, against the judgment dated 25.06.2015 passed in P&SC No. 01/2011 on the file of the Additional Senior Civil Judge & JMFC, K.G.F., C/C Senior Civil Judge & Principal JMFC, K.G.F., allowing the petition filed under Section 372 of Indian Succession Act.
This MFA coming on for Admission, this day, the Court delivered the following:
JUDGMENT Heard the learned counsel for the appellant and the respondent.
2. This appeal is preferred by the appellant Smt.
Ratnamma against the judgment rendered by the learned Senior Civil Judge & Prl.JMFC, KGF., in P & SC No.01/2011 by order dated 25.06.2015. The said petition had been filed by the petitioner / Respondent No.1 herein seeking for grant of Succession Certificate in her favour in respect of the petition schedule amounts due to the deceased M. Thimmappa @ M.Thimmaiah from Respondents 2 to 6. The appellant Ratnamma being the second wife of late M. Thimmappa, her right to claim succession rights in respect of the service benefits of the deceased Thimmappa, was rejected by the Trial Court. The Trial Court had thus ordered to issue Succession Certificate in favour of Muniyamma / first respondent herein, the legally wedded wife of late Thimmappa, and Bhoolakshmi / seventh respondent herein who is the daughter born through one Muniyamma, out of her wedlock with deceased. It is aggrieved by the said order that the appellant has preferred the present appeal seeking to set aside the judgment dated 25.06.2015 passed by the Court below in P & SC No.1/2011.
3. However, it is stated by the learned counsel for the parties they have come to an amicable settlement among themselves by filing a Compromise Petition. The parties are present before court and have agreed to the terms of compromise stated in the petition and subscribed their signature, “JOINT COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF CPC BY THE APPELLANT, RESPONDENT NO.1 AND 7 ARE AS UNDER.
The Appellant and Respondents No.1 and 7 beg to submit as under:
1. At the instance of the Panchayathdars, the dispute between the Parties to this Compromise Petition is settled as under:
2. The Respondent No.1 had instituted P & SC No.1 of 2011 as against the Appellant and other Respondents on the file of the Senior Civil Judge and Principal JMFC, KGF seeking for an order to issue Succession Certificates with respect to the Schedule Property – the death Relief Fund, Gratuity, Provident Fund, General Provident Fund, Government Group Insurance Amount, LIC Amount, Pension etc., from the Respondents No.2 to 5 are Fixed Deposit Amount and Savings amount from SBI Account No. 288900040002550 of the 6th Respondent’s Bank and the Honourable Lower Court vide Judgment dt.25.06.2015 ordered that the Respondent No.1 and 7 are entitled to receive the Petition Scheduled Service Benefit / Bank Deposit due to the deceased M.Thimmappa in equal share (50% each) from Respondent No.2 to 6 and further directed them to execute separate Indemnity Bonds and further directed them to deposit the requisite Court Fee to the extent of their shares and office also directed to issue Succession Certificates to them and the claim of the Appellant for grant of Succession Certificates is rejected and against which the Appellant is before this Honourable Court.
3. The Parties to this Compromise Petition agree that the Respondent No.1 is the legally wedded wife and the Respondent No.7 is the legitimate daughter and the Appellant is the Second Wife of deceased Thimmappa @ Thimmaiah.
4. The Appellant, Respondent No.1 and 7 are entitled for 1/3rd share each in the Petition Scheduled Properties and in addition to the said entitlement to the Appellant, the Respondent No.1 and 7 shall pay Rs. 4,50,000/- (Four lakh fifty thousand) to the Appellant, within 3 months from today, otherwise this compromise become void.
5. The Respondent No.1 alone is entitle for past, present and further Pensionary benefits of the deceased Thimmappa from the Respondent No.2 to 5 – the Southern Railway Department.
6. The Appellant and Respondent No.1 and 7 are entitle for grant of the Succession Certificates with respect to their respective shares and benefits on payment of the requisite Court Fee proportionate to their respective shares for issue of Succession Certificates before the Senior Civil Judge and Principal JMFC at KGF.
WHEREFORE the Appellant and Respondent No.1 and 7 pray to dispose of the above appeal in terms of this Compromise Petition”
4. The joint compromise petition filed by the appellant, Respondent No.1 and Respondent No.7 is hereby accepted. Accordingly, the appeal is hereby disposed of in terms of the compromise.
Sd/- JUDGE KS