- 1 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 200160 OF 2023 (PAR/POS) BETWEEN: SMT. SUDHA W/O C. GOPAL REDDY, AGED: 48 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, R/O: H.NO.368, NEAR KIRAN GUPTA STORE, NEW BALAJI NAGAR, AMBERNATH (WEST), MAHARASHTRA – 421 005. …APPELLANT (BY SRI SACHIN M.MAHAJAN, ADVOCATE) AND: 1. VENKATESH S/O RAMAYYA, AGED ABOUT 52 YEARS OCC: BUSINESS, R/O:MPL. NO.10-4-13, MAKTHAL PET, RAICHUR – 584 101. 2. SHARADA W/O M. RAMULU, AGED ABOUT 56 YEARS, OCC: HOUSEWIFE AND AGRICULTURE R/O: H.NO.200/1 B.N.REDDY COLONY, NEAR REDDY HOTEL, MAHABUBNAGAR, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 TELANGANA - 509 001. 3. SMT. LAXMI W/O CHETAN KUMAR AGED ABOUT 28 YEARS OCC: HOUSE WIFE R/O: MADDIET, RAICHUR – 584 101. 4. SMT. KEERTI W/O VENKATESH, AGED ABOUT 39 YEARS OCC: BUSINESS, R/O: MPL.NO.10-4-13, MAKTHAL PET, RAICHUIR – 584 101. …RESPONDENTS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R1 AND R4; SMT. NILUFARHANAZ, ADVOCATE FOR R2 AND R3) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.07.2023 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC-I AT RAICHUR IN O.S.NO.55/2017 AND DECREE THE SUIT OF THE PLAINTIFF WITH COSTS THROUGHOUT, BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS RFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 ORAL JUDGMENT Challenging judgment and decree dated 15.07.2023 passed by Addl. Senior Civil Judge and JMFC-I, Raichur in OS no.55/2017, this appeal is filed by plaintiff. 2. It is submitted by both counsel that during pendency of this appeal, parties have entered into compromise. Terms and conditions of compromise petition filed, are as under: “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 The appellant and respondents above-named most respectfully submit as follows: 1. That the above Regular First Appeal arises out of the judgment and decree dated 15.07.2023 passed by the learned Addl. Senior Civil Judge and JMFC-I at Raichur in Original Suit No. 55/2017. 2. That during the pendency of this appeal, the parties, with the assistance of their respective counsels, well- wishers, and mediators, have amicably resolved their disputes and differences and have agreed to settle the matter on the following terms and conditions, which are lawful and entered with free consent, without any coercion, undue influence, or fraud: A. The Appellant- Smt Sudha, and Respondent No.2 - Smt. Sharada, respondent No.3 - Smt. Laxmi, and respondent No.4 - Smt. Keerti, agrees and admit that the properties mentioned below are allotted to the share of the Respondent No.1 Venkatesh, and it is further admitted and acknowledged that the appellant and the - 4 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 respondent No.2, 3 & 4 shall have no right, title or claim whatsoever in the properties mentioned below in any manner whatsoever :- SL No. Description of the Property 1 The House bearing MPL No.9-15-34 (old), 9-15-35 (new) situated at Maddipet, Raichur. 2 The House bearing MPL No.10-4-13 (old), 10-4- 14/1A (new) situated at Makthalpet, Raichur. 3 The Shopping complex of 8 shops in the premises bearing Municipal No. 12- 10-23, measuring in three parts divided as mentioned below 1) Buildup area 108 ft X 26 ft = 2808 Sqft, 2) Common way between 1st part and 3rd part total 9 ft X 105 ft = 945/2 = 472.5 Sqft belongs 1st part towards buildup area northern side in the said premises, 3) Common open spacen setback towards eastern side main road that is 19 ft 9 inch X 56 ft 7 inch 1117.51 Sqft belongings to all the three part parties. Situated at Rajendra Gunj main Road Raichur As per schedule shown in Will Deed No.RCR-3-00036-2013-14, Dated: 16-11-2013. B. The Respondent No.1- Venkatesh, respondent No.2 Smt. Sharada, respondent No.3 Smt. Laxmi, and respondent No.4 Smt. Keerti agree and admit that the property mentioned below is allotted to the share of the Appellant -Smt. Sudha, and it is further admitted and - 5 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 acknowledged that the respondent No.1, 2, 3 & 4 shall have no right, title or claim whatsoever in the property mentioned below in any manner whatsoever : SL No. Description of the Property 1. The land Sy No.180, Hissa "EE" to the extent of 02 acres 00 guntas only, out of total land measuring 04 Acre 00 Guntas, situated at Rampur Village, Hobli Raichur, Tq and Dist. Raichur as per the schedule described in will deed Document No.RCR-3- 00036-2013-14, Dated: 16- 11-2013, which is already marked as Ex-P5 in OS No.55/2017. C. The Appellant Smt. Sudha, the Respondent No.1 Venkatesh, respondent No.2 - Smt. Sharada, and respondent No.4 Smt. Keerti, agree and admit that the property mentioned below is allotted to the share of the Respondent No.3 -Smt. Laxmi, and it is further admitted and acknowledged that the appellant, respondent No.1, 2 & 4 shall have no right, title or claim whatsoever in the property mentioned below in any manner whatsoever: SL No. Description of the Property 1. The land Sy no, 180, Hissa "EE" to the extent of 02 acres 00 guntas only, out of total land measuring 04 Acre 00 Guntas, situated at Rampur Village, Hobli Raichur, Tq and Dist.Raichur as per the schedule described in will deed Document No.RCR-3- 00036-2013-14, Dated:16- 11-2013, which is already marked as Ex-P5 in OS No.55/2017. - 6 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 D. The appellant and the respondents hereby agree, admit and acknowledge that there are no further claims, disputes with respect to the properties which are subject matter of the present appeal arising out of OS No.55/2017. It is further agreed that all the respective parties mentioned above to whom the respective shares are allotted under the compromise have become the absolute owners of the respective parties mentioned hereinabove. 3. That the parties have entered into this compromise agreement voluntarily, and the terms are in writing, duly signed by both parties, and are lawful as per the provisions of the Indian Contract Act, 1872, and the Code of Civil Procedure, 1908. 4. That all the parties undertake to abide by the terms of this compromise and shall not take any coercive action against each other in respect of the subject matter of this appeal. 5. That the parties are fully satisfied with the terms of the compromise, and the agreement resolves the entire dispute in the above appeal. The parties have no objection to this Hon'ble Court disposing of the appeal in terms of this compromise petition. 6. That this compromise petition is filed in accordance with Order 23 Rule 3 of the Code of Civil Procedure, 1908, and the parties pray that this Hon'ble Court be pleased to record the compromise and pass a decree in terms thereof. 7. That no other petition or application seeking similar relief has been filed before this Hon'ble Court or any other court in respect of the subject matter of this appeal. 8. It is further admitted by the respondent No.1 - Venkatesh and the respondent No.4 - Smt. Keerti that the rights created by the respondent No.1 in favour of the respondent No.4 by virtue of the registered gift deeds dated 20.08.2014, bearing No. 4481/2014-15 and 4484/2014-15, shall not be affected by this compromise petition. 9. The term Appellant and respondents referred above includes their legal heirs, agents, assignees etc. PRAYER WHEREFORE, the Appellant and Respondents most humbly and respectfully pray that this Hon'ble Court may be pleased to: - 7 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 1) Record the compromise arrived at between the parties as detailed above. 2) Pass a decree in terms of the compromise under Order 23 Rule 3 of the Code of Civil Procedure, 1908. 3) Dispose of the above Regular First Appeal (RFA No.200160/2023) in terms of the compromise. 4) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. AND FOR THIS ACT OF KINDNESS, THE PARTIES SHALL EVER PRAY.” 3. It is submitted that parties are present today before this Court and they are identified by their respective counsel. 4. On interaction, parties have submitted that they have understood terms and conditions of compromise petition, which have been explained to them and understanding same, they have signed compromise petition, out of their own free will, without any threat, coercion or inducement from anyone. On verification, terms of compromise petition appears to be lawful. 5. Consequently, following: - 8 - HC-KAR NC: 2025:KHC-K:3423 RFA No. 200160 of 2023 ORDER i. Appeal is allowed to extent and in terms of compromise petition. ii. Registry to draw decree incorporating terms of compromise. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 53