P V Vasanthareddy v. Latha T

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2024 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2556 OF 2020 (ISA)

Between:

¶1P.V.Vasanthareddy, S/o. Late Venkatappa, Age about 70 years

¶2Manjula W/o. P.V.Vasanthareddy, Age about 65 years,

Both are residing at Singapurada Kavalhatti Village, Hulluru Post, Hireguntanur Hobli, Chitradurga - 577501. …Appellants (By Sri. K.V.Sateesh Chandra, Advocate)

And:

¶1Latha T., W/o. Late P.V.Lakshmana D/o. Thimmareddy Age about 35 years R/o. 20/D, Hudco Colony, Bhadravathi City, Shivamogga - 577301.

¶2Srujan Reddy, S/o. Late P.V.Lakshmana Age about 10 years, Minor, R/o. 20/D, Hudco Colony,

by VEERENDRA KUMAR K M Location: HIGH COURT OF KARNATAKA

Bhadravathi City, Shivamogga-577301. Rep. by his Natural Guardian Mother-Latha T.,

¶3Division Controller, KSRTC Department Shivamogga Division Shivamogga -577201 …Respondents (By Sri. Madhusudhana Rao, Advocate for R1; (R2 is minor represented by R1); Smt. S.Nirmmala, Advocate for R3)

This MFA is filed under section 384 of Indian Succession Act against the order dated. 13.11.2019 passed in P and SC No.5/2019, on the file of the Principal Senior Civil Judge and JMFC, Bhadravathi, allowing the petition filed under section 372 of the Indian Succession Act.

This MFA, coming on for orders, this day, order was made therein as under:

Coram: Hon'ble Mr Justice Sreenivas Harish Kumar and Hon'ble Mr Justice Umesh M Adiga

ORAL ORDER (PER: HON'BLE MR JUSTICE UMESH M ADIGA)

Learned counsel for appellants is present. Respondent No.1 is present. Sri Madhusudhana Rao, advocate, files vakalath on behalf of respondent No.1. He files an application under Order 32 Rule 7 of CPC and also

pleader certificate stating that the compromise is for the benefit of the minor.

¶2Heard. Respondent No.2 is a minor. In the compromise agreement the interest of the minor appears to be protected. Accordingly, the application filed under Order 32 Rule 7 of CPC is allowed.

¶3The matter was referred to mediation and before the mediator both the parties arrived at a settlement and an agreement was entered into between the parties.

¶4On 29.07.2024 both the appellants appeared before the court and they have stated that the matter was settled between the parties as per the terms of the mediation agreement. The said mediation agreement is signed by both the parties and their respective advocates.

¶5Respondent No.1 is present and submits that she knows the contents of the mediation agreement and has agreed for the same. In addition to that she further

submits that when P & S C 5/2019 was pending before the court of Principal Senior Civil Judge and JMFC, Bhadravathi, she and her son (respondent No.2) each received Rs.5,00,000/- and the appellants herein will not claim any amount from the said sum. In view of the agreement between the parties, the matter appears to be voluntarily settled. The terms of the mediation agreement are legal. Hence, accepted. Appeal is disposed of in terms of the compromise petition. Decree shall be drawn in terms of the compromise agreement.

Sd/- (SREENIVAS HARISH KUMAR) JUDGE

Sd/- (UMESH M ADIGA) JUDGE

CKL List No.: 1 Sl No.: 6