Karnataka High Court
Smt. Shivaleela W/O Ganapati Betageri ... vs Smt. Shridevi Ganapti Betgeri on 24 October, 2024
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NC: 2024:KHC-D:15500
RSA No. 100598 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 100598 OF 2022 (DEC/INJ)
BETWEEN:
1. SMT. SHIVALEELA W/O. GANAPATI BETAGERI,
(SHOWN IN THE PLAINT AS
SHIVALEELA D/O. HANAMANTH BHAJANTRI @
SOPADLA)
AGE: 46 YEARS, OCC. PVT. SERVICE,
R/O. PLOT NO. 21. 7TH CROSS,
VIVEKANAND NAGAR, GOKAK-591307,
DIST. BELAGAVI.
2. SHRI PAVAN S/O. GANAPATI BETAGERI,
AGE: 25 YEARS, OCC. PVT. SERVICE,
R/O. PLOT NO.21, 7TH CROSS,
VIVEKANAND NAGAR, GOKAK-591307,
DIST. BELGAVI.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL 3. SHRI SACHIDANAND S/O. GANAPATI BETAGERI,
Location: HIGH
COURT OF
KARNATAKA
AGE: 23 YEARS, OCC. STUDENT,
DHARWAD BENCH
R/O. PLOT NO.21, 7TH CROSS,
VIVEKANAND NAGAR, GOKAK-591307,
DIST. BELAGAVI.
...APPELLANTS
(BY SRI. G B NAIK AND SMT P G NAIK, ADVOCATE)
AND:
1. SMT. SHRIDEVI GANAPTI BETGERI
AGE: 55 YEARS,
OCC. HOUSEHOLD WORK,
R/O. KHB COLONY, SOLHAPUR ROAD,
VIJAYAPUR 586103.
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NC: 2024:KHC-D:15500
RSA No. 100598 of 2022
(DIED ON 03.11.2022)
AMENDED AS PER ORDER DATED 06.02.2023.
2. SHWETA D/O. GANAPATI BETAGERI,
AGE: 27 YEARS, OCC. PVT. SERVICE [AMENDED AS PER
ORDER DATED 24.10.2024]
R/O. KHB COLONY, SOLHAPUR ROAD,
VIJAYAPUR-586103.
3. THE STATE OF KARNATAKA
REPRESENTED BY DEPUTY COMMISSIONER,
BELAGAVI-590002.
4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHIKKODI-591201. DIST;BELAGAVI.
5. BLOCK EDUCATION OFFICER
GOKAK, TAL. GOKAK-591307.
6. HEAD MASTER
GOVT. HIGH SCHOOL,
HIRENANDI-591233,
TAL. GOKAK, DIST. BELAGAVI.
7. THE BANK MANAGER
LIFE INSURANCE CORPORATION LTD.,
HEAD OFFICE, GOKAK-591307.
...RESPONDENTS
(BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE FOR R2;
R1-DECEASSED; R2- IS LRS OF DECEASED R1;
R3 TO R6 ARE NOTICE SERVED; SRI. S.V.YAJI, ADVOCATE R7)
THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLI
RULE 1 AND 2 OF THE CPC, 1908., PRAYING THAT THE JUDGMENT
AND DECREE DATED 10.12.2021 PASSED IN R.A.NO.8019/2021
BY THE XII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI
SITTING AT GOKAK AND DEREE PASSED IN O.S.NO.231/2019
DATED 16.11.2019 BY THE PRINCIPAL SENIOR CIVIL JUDGE,
GOKAK MAY KINDLY BE SET ASIDE AND DECREE MAY KINDLY
PASSED THAT THE DEFENDANT NOS.6 TO 8 ARE ALSO THE
CLASS-I HEIRS OF DECEASED GANAPATI BETAGERI AND
FURTHER DEFENDANT NOS.7 AND 8 I.E. APPELLANT NOS.2 AND 4
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NC: 2024:KHC-D:15500
RSA No. 100598 of 2022
ARE ENTITLED FOR JOB ON COMPASSIONATE GROUND DUE TO
DEATH OF THEIR FATHER GANAPATI MALLAPPA BETAGERI, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL JUDGMENT
Parties amicably arrived at a settlement and filed memorandum of agreement under Section 89 of the Code of Civil Procedure r/w 24 and 25 of Karnataka Civil Procedure Code Mediation Rules, 2007 (herein after referred to as 'CPC' for short), before the mediation centre at Dharwad today i.e., 24.10.2024. The terms and conditions of the settlement reads as under:
i. "The decree that plaintiffs 1 and 2 are held to be Class I heirs, remain intact and defendant no 6 to 8 have no grievance as against the decree passed by the trial court. The decree declares plaintiffs as Class I heirs, decree passed by trial court would be the succession certificate.
ii. The plaintiff no 2 being the Class I heir of deceased Sri. Ganapati MallappaBetageri would be entitled for job on compassionate basis. As and as per the decree of the trial court and the defendant no 6 to 8 have no objection for plaintiff no 2 to secure the employment on compassionate basis based on the decree passed by the trial court. The -4- NC: 2024:KHC-D:15500 RSA No. 100598 of 2022 defendant no 6 to 8 have to accord no objection to take the employment on compassionate basis and thus cannot object for taking employment on compassionate basis.
iii. The Service Benefits and other Monitory Benefits which have been ordered to be shared between plaintiffs, defendant no 7 and 8 will now be shared by the defendant no 6 to 8 alone. Further defendant no 6 to 8 would be exclusively share B schedule property. The Pension of the deceased Sri. Ganapati MallappaBetageri would be received by defendant no 6. The pension papers would be depicting the name of the defendant no 6 as the person receiving pension. And the defendant no 6 would be no way concern to compassionate appointment and plaintiff no 2 would no way concern to the benefits to be received by the defendant no 6 to 8. The defendant no 6 accept and agrees that, the requisite pension papers are to be forwarded to the department. In view of settlement on the aspects of the compassionate appointment and service benefits to be shared in the manner provided herein above. The government i.e defendant no 1 to 4 are requested to act upon terms which have been narrated above and also in the absence of pension papers being forwarded or sent by defendant no 6 and it is not necessary for pension papers for appointment on compassionate basis."
2. The memorandum of agreement is duly signed.
Appellant Nos.1 to 3 and respondent No.2 are present before the Court. On query made by this Court they agreed to the terms of the settlement arrived before the mediation centre.
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3. The memorandum of agreement is taken on record, the terms of memorandum of agreement forms part and parcel of this order.
4. The appeal stands disposed of in terms of the memorandum of agreement.
5. Registry is directed to draw decree accordingly.
6. The efforts made by the Sri M.H. Patil, mediator is appreciated and placed on record.
Sd/-
(JUSTICE K.S.HEMALEKHA) AT LIST NO.: 3 SL NO.: 1