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In the High Court of Karnataka at Bangalore Dated This the 16Th Day of December, 2014 Before the Hon'ble Mrs. Justice B.V.Naga

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In the High Court of Karnataka at Bangalore Dated This the 16Th Day of December, 2014 Before the Hon'ble Mrs. Justice B.V.Naga 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16TH DAY OF DECEMBER, 2014 BEFORE THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA T.O.S. NO.1/2014 BETWEEN: Anupama Banerji W/o Mr.A.Ajay Aged about 44 years R/at No.2, White Acres Chikka-Tirupathi Road Kadugodi Post, Whitefield Bangalore - 560 067. .. PLAINTIFF (By Sri Arun Kumar.K, Advocate) AND: 1. Cheppudira M.Subbaiah S/o C.P.Muddappa Aged about 72 years At Shakuntala Devi College No.32/P-3, 17 th Main H.S.R.Layout, Near BDA Complex Bangalore - 560 102. 2. D.N.Rama Murthy S/o D.Nagesha Rao Aged about 66 years At Shakuntala Devi College No.32/P-3, 17 th Main H.S.R.Layout, Near BDA Complex Bangalore - 560 102. 3. G.A.Raveesh S/o late G.Appaiah Reddy Aged about 51 years 2 At Shakuntala Devi College No.32/P-3, 17 th Main H.S.R.Layout, Near BDA Complex Bangalore - 560 102. 4. Bindu Madhav Rao S/o Ananda Rao Aged about 81 years At Shakuntala Devi College No.32/P-3, 17 th Main H.S.R.Layout, Near BDA Complex Bangalore - 560 102. 5. D.C.Shivadev S/o late Justice D.M.Chandrashekar Aged about 56 years At Shakuntala Devi College No.32/P-3, 17 th Main H.S.R.Layout, Near BDA Complex Bangalore - 560 102. 6. Shakuntala Devi Educational Foundation Public Trust Shakuntala Devi College No.32/P-3, 17 th Main, H.S.R.Layout Near BDA Complex Bangalore – 560 102. 7. Mrs.Raj Basin W/o Mr.Sushil Bhasin, Aged about 60 years Impleaded At No.32/P-3, 17 th Main vide Order dt H.S.R.Layout, Near BDA Complex 18.09.2014 Bangalore - 560 102 Also at 592, 1 st Floor, 1 st Main Sector-6, HSR Layout Bengaluru – 560 102. .. DEFENDANTS (By Sri Rajesh, Advocate for R1 to R8) ****** 3 This TOS is filed for grant of Letters of Administration under Part VII and IX of the Indian Succession Act, 1925 and etc. This TOS coming on for Orders, this day, the Court made the following: O R D E R P & SC.No.157/2013 converted as O.S.4007/2013 before the City Civil Court, Bangalore, was transferred to this Court by an order of the learned Judge, City Civil Court. Thereafter, matter has been numbered as TOS.1/2014. The plaintiff in that suit, Smt.Anupama Banerji, w/o.Sri A.Ajay, has sought for grant of Letters of Administration in respect of the estate of Smt.Shakuntala Devi, the acclaimed mathematical wizard. By an order of this Court, Prob.C.P.14/2013 filed by Sri D.N.Rama Murthy, arrayed as second defendant in TOS.1/2014, who is also the executor of the Will as well as the codicil of late Smt.Shakuntala Devi and also as one of the trustees of Shakuntala Devi Educational Foundation Public Trust, was 4 construed as a counter claim to TOS.1/2014 by order dated 22/04/2014 passed by this Court. 2. The matter was set down for trial and evidence was recorded. Will dated 08/05/2012, executed by late Smt.Shakuntala Devi, is Ex.D.1. Codicil dated 17/05/2012 is marked as Ex.D.2. Smt.Shakuntala Devi passed away on 21/04/2013 and the Death Certificate is marked as Ex.D.3. It is during the course of evidence that the parties have negotiated a settlement and prior to recording of the statement, mandatory procedure of issuance of citations had to take place and therefore, by order dated 12/11/2014, permission was granted to both parties to take out citations in English Daily News Paper. The citations were taken out on 20/11/2014. The date of hearing was fixed as 08/12/2014. On that day, when the matter was listed before this Court, there was no appearance of any party in respect of the citation. The matter was adjourned to 15/12/2014, in order to ascertain as to whether any party had appeared before the Registry. 5 It was informed by the Registry that there was no party who had appeared before the Registry or before this Court in response to the citation taken out by the parties. 3. Sri D.N.Rama Murthy, Executor of the Will appointed under the Will as well as the codicil was examined on 20/09/2014 as D.W.1. *Sri Y.Lokesh, one of the attesting witnesses of the Will was examined on 20/09/2014 as D.W.2. Sri M.Gopinath, the other attesting witness of the Will was examined on the same day as D.W.3. *Dr.K.Gokulnath, the attesting witness to the codicil was examined as D.W.4 on 20/09/2014. 4. Learned counsel for the plaintiff as well as the defendants have filed a compromise petition under Order XXIII Rule 3 r/w Section 89(2)(d) and Section 151 of Civil Procedure Code, 1908. They jointly submit that during the course of recording the evidence, parties have decided to settle the matter between them. * Corrected V.C.O. dated 19.2.15 6 5. Plaintiff and defendants 1 to 6 are present in Court. Defendant No.7 is represented through her Power of Attorney Holder Defendant No.2. They have been identified by their respective counsel. They jointly state that they have agreed to settle the dispute amicably and they have negotiated a settlement with the guidance of their respective counsel and they have filed the compromise petition. They also states that the settlement of the dispute is on their own volition and without any coercion from any side. They jointly request that the suit be disposed in terms of the settlement arrived at between the parties. 6. The Compromise Petition is taken on record. It is noted that the parties have signed the Compromise Petition and they state that they stand by the compromise. The Compromise Petition reads as under: “COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 89(2)(d) AND 151 OF THE CODE OF CIVIL PROCEDURE, 1908 7 The parties above named most respectfully submit as follows: 01. The Plaintiff is the only daughter (child) of late Smt.Shakuntala Devi. Smt.Shakuntala Devi passed away on 21.04.2013. The Plaintiff, being the sole legal heir of late Smt.Shakuntala Devi instituted this proceeding for the grant of letters of administration of the estate of late Smt.Shakuntala Devi. 02. Late Smt.Shakuntala Devi had created the 6th Defendant Trust, which has Defendants Nos.1 to 5 and Defendant No.7 as its present Trustees. The 2nd Defendant initiated Probate C.P.No.14 of 2013 before this Hon’ble Court inter-alia contending that late Smt.Shakuntala Devi had left behind a registered Will dated 8.05.2012 and Codicil dated 17 th May 2012, under which the Defendants claimed that the properties listed in the Will and the Codicil were bequeathed in favour of the 6 th Defendant Trust. The 2 nd Defendant acting as executor of the Will and the Codicil sought probate of the Will and the Codicil, as being the last Will and testament of late Smt.Shakuntala Devi. 03. The Defendants have filed a caveat and contested the petition filed by the Plaintiff by filing their written statement, pursuant to which the petition was numbered as O.S.No.4007 of 2013. 8 The Plaintiff on the other hand had filed a caveat and contested the validity of the Will and the Codicil propounded in Probate C.P.No.14 of 2013. The petition filed by the Plaintiff in O.S.No.4007 of 2013 was transferred to this Hon’ble Court pursuant to the orders of this Hon’ble Court in C.P.No.197 of 2013 on 11.10.2013. Upon its transfer, by the further direction of this Hon’ble Court dated 22.04.2014 the said O.S.No.4007 of 2013 has been treated as the plaint, while Probate C.P. No.14 of 2013 filed by the 2 nd Defendant has been treated as the counter claim. The parties have raised various contentions in support of their respective case. 04. The Parties have in their mutual interest agreed to resolve and settle all disputes in connection with the inheritance of the estate of late Smt.Shakuntala Devi. The parties have arrived at a settlement in respect of the subject matter of this proceeding on the following terms: TERMS OF SETTLEMENT: 05. It is agreed by the Parties that the properties listed Schedule I shall stand vested in the 6 th Defendant, to be held by the 6 th Defendant as its absolute owner thereof. To this extent the counter claim filed by the 2 nd Defendant shall be allowed, the Will and testament of Late Shakuntala Devi 9 dated 8.05.2012 and Codicil dated 17.05.2012 is accepted as valid and a Probate shall be granted in favour of the 2 nd Defendant in respect of the assets listed in Schedule I. 06. It is agreed by the Parties that the Defendants in furtherance to this settlement, refuse and relinquish their rights under the last Will and testament of Late Shakuntala Devi dated 8.05.2012 and Codicil dated 17.05.2012, in respect of all estates of late Shakuntala Devi other than those listed in Schedule I, in favour of the Plaintiff.
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