IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1933/2017 BETWEEN:
SRI MONTA SHETTY AGED ABOUT 88 YEARS S/O. LATE HONNAYYA SHETTY R/AT BHADRAPADY HOUSE POST: MIYAR VILLAGE- 574 107 KARKALA TALUK, UDUPI DISTRICT … APPELLANT (BY SRI K.CHANDRANATH ARIGA, ADVOCATE) AND:
1. SMT.SUNDARI SHEDTHI AGED ABOUT 84 YEARS W/O. LATE KORAGA SHETTY R/AT C-58, ESSBEL GHS LTD.
AKURLI ROAD, KOKANDAWALA COMPLEX KANDIVILI (EAST), MUMBAI- 400 101 REP. BY HER GPA HOLDER SMT. RAJANI R.SHETTY R/AT C-508, ESSBEL GHS LTD.
AKURLI ROAD, KOKANDAWALA COMPLEX KANDIVILI (EAST), MUMBAI- 400 101 2. SMT.SHEELA S.SHETTY AGED ABOUT 82 YEARS D/O. LATE PONNAIAH SHETTY R/AT BHADRAPADY HOUSE POST: MIYAR VILLAGE- 574 107 KARKALA TALUK, UDUPI DISTRICT ...RESPONDENTS (BY SRI PRASANNA V.R., ADVOCATE FOR C/R1; SMT.PRASANNA K., ADVOCATE FOR R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.07.2017 PASSED BY THE SENIOR CIVIL AND ACJM, KARKALA IN R.A.NO.17/2012 AND THE JUDGMENT AND DECREE DATED 21.02.2012 PASSED BY THE PRINCIPAL CIVIL JUDGE, KARKALA IN O.S.NO.3/2009.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Sri K.Chandranath Ariga, learned Counsel for the appellant files memo with General Power of Attorney executed by the appellant in favour of Sri B.Raghu Shetty son of late Sundar Shetty.
2. Sri Prasanna V.R., learned Counsel for respondent No.1 files memo with Special Power of Attorney executed by respondent No.1 in favour of Sri Jagannatha B.Shetty son of Babu Shetty.
3. Smt.Prasanna.K, learned Counsel for respondent No.2 files memo with General power of Attorney executed by respondent No.2 in favour of her son Sri Ananda Shetty.
4. Memos are taken on record. Power of Attorney holders of the appellant, respondent Nos.1 & 2 are present before Court. They are duly identified by their respective Counsel. They admit execution of memorandum of settlement by the parties before the Mediation Centre, Karkala.
5. Satisfied that settlement is admissible under law. Therefore, the same is recorded. The appeal is allowed. The impugned judgments and decrees of the Courts below are hereby set aside and the suit is decreed in terms of memorandum of settlement executed by the parties before the Mediation Centre, Karkala.
Registry shall refund admissible Court fee to the appellant.
Both the Counsel submit that original power of attorney produced by the parties may be returned. Registry shall return the said original documents on substitution of xerox copies of the same.
KSR Sd/- JUDGE