IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR FIRST APPEAL NO.405/2007 (Par.) BETWEEN SRI NOEL GERAD BROWN S/O SRI K.R. MAHADEVAPPA AGED ABOUT 53 YERAS, R/AT NO.352,12TH CROSS, 2ND BLOCK, JAYANAGAR, BANGALORE – 560 011.
(BY SMT. JAYASREE NARASIMHAN A/W. SRI FREUD RICHARDSON, ADVOCATES) AND 1. SMT. K.G. SHARADA W/O K.R. MAHADEVAPPA MAJOR R/AT NO.10(OLD), NEW NO.2219, 1ST MAIN, 3RD BLOCK, JAYNAGAR, BANGALORE -560 011.
2. SMT. K.M. SHOBA PRASAD W/O PRASAD ...APPELLANT MAJOR R/AT NO.140, CEDAR RIDGE, BUTLER, RP 16001 U.S.A.
3. SMT. K. SUCHITRA SHIVAKUMAR W/O LATE SHIVAKUMAR MAJOR R/AT OLD NO.10, NEW NO.2219, 11TH MAIN 3RD BLOCK, JAYANAGAR, BANGALORE 11.
4. MS. K.S. SWETHA D/O LATE SHIVAKUMAR MAJOR R/AT OLD NO.10, NEW NO.2219, 11TH MAIN 3RD BLOCK, JAYANAGAR, BANGALORE 11.
5. MR K S SHREYAS S/O LATE SHIVAKUMAR MAJOR R/AT OLD NO.10, NEW NO.2219, 11TH MAIN 3RD BLOCK, JAYANAGAR, BANGALORE 11.
…RESPONDENTS (BY SRI H.S. DWARAKANATH, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.12.2006 PASSED IN O.S. No.4408/1996 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PROBATE AND PARTITION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Smt. Jayasree Narasimhan and Sri Freud Richardson, learned Advocates for M/s. Sreevatsa Associates file Vakalat for the appellant.
2. The same is taken on record.
3. The 1st respondent – Smt. K.G. Sharada is no more. She is represented by her LRs. – respondent Nos.2 to 5.
4. This appeal is by the 2nd plaintiff against the judgment and decree dated 16.12.2006 passed in O.S.
No.4408/1996 on the file of Prl. City Civil and Sessions Judge, Bangalore, whereby the suit came to be dismissed.
5. Learned counsel appearing for both the parties are present. Except, the 2nd respondent – Smt.
K.M. Shoba Prasad, all others are present before this Court today. However, Power of Attorney of Smt. K.M. Shoba Prasad is filed.
6. The parties reported settlement in the matter, stating apportionment of the immovable properties. To this effect a compromise petition dated 05.11.2019 duly signed by them has been filed and submitted that the appeal may be disposed of in terms of the Compromise Petition and final decree be ordered to be drawn.
7. The compromise petition is taken on record.
8. The learned counsel for the parties submit that necessary documents to comply with the provisions of Stamp Duty of the Registration Act will be complied with.
9. The compromise appears to be lawful and it is accepted.
10. Appeal is disposed of in terms of the Compromise Petition.
Sd/- JUDGE Sbs*