- 1 - NC: 2025:KHC:18197 RSA No. 552 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 552 OF 2021 (PAR) BETWEEN: SRI RANGASWAMAIAH S/O LATE BETTAIHA, AGED ABOUT 55 YEARS R/AT GANGADHARANAPALYA VILLAGE NELAMANGALA, KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562123 …APPELLANT (BY SRI. L.M. SOWRABA JEEVALA, ADVOCATE) AND: 1. BETTAIAH SINCE DECEASED REP. BY LEGAL REPRESENTATIVES SMT NANJAMMA W/O LATE BETTAIAH AGE ABOUT 68 YEARS R/AT LOHITHNAGAR, KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 (DELETED V/O DATED 02.05.2025) 2. SMT GANGAMMA W/O LATE BETTAIAH AGE ABOUT 40 YEARS R/AT LOHITHNAGAR, KASABA HOBLI, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18197 RSA No. 552 of 2021 NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 (DELETED V/O DATED 02.05.2025) 3. SRI RANGASWAMY S/O LATE BETTAIAH AGE ABOUT 48 YEARS R/AT GANGADHARANA PALYA VILLAGE KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 (DELETED V/O DATED 02.05.2025) 4. SRI MAREGOWDA S/O KEMPAIAH AGED ABOUT 48 YEARS R/AT GANGADHARANA PALYA VILLAGE KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 5. SMT LATHA W/O B RANGASWAMY @ HALAPPA AGED ABOUT 35 YEARS R/AT GANGADHARANA PALYA VILLAGE KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 (DELETED V/O DATED 02.05.2025) 6. SRI GANGANNA S/O LATE KEMPAIAH AGED ABOUT 45 YEARS R/AT GANGADHARANA PALYA VILLAGE KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 7. SRI MAHIMANNA S/O LATE KEMPAIAH - 3 - NC: 2025:KHC:18197 RSA No. 552 of 2021 AGED ABOUT 43 YEARS R/AT GANGADHARANA PALYA VILLAGE KASABA HOBLI, NELAMANGALA NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN – 562123 …RESPONDENTS [BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE FOR C/R4, R6 & R7; R1, R2, R3 and R5 DELETED V/O DATED 02.05.2025. THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.02.2021 PASSED IN RA.NO.154/2015 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.09.2015 PASSED IN O.S.NO.23/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE NELAMANGALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant and respondents No.4, 6 and 7 are present before the Court and they are identified by their respective learned counsel. 2. The appellant and respondents No.4, 6 & 7 filed a compromise petition, which reads as follows: - 4 - NC: 2025:KHC:18197 RSA No. 552 of 2021 COMPROMISE PETITION UNDER ORDER 23 RULE (3) OF THE CODE OF CIVIL PROCEDURE The above named Appellant and Respondents No.4,6 & 7 beg to submit as follows: 1] The Appellant is the Plaintiff and he filed original suit in O.S.No.23/2009 on the file of Senior Civil Judge and JMFC, Nelamangala for the relief of partition with respect to the suit schedule properties against Respondents herein. During the pendency of the appeal first Defendant Sri.Bettaiah died his legal representatives are the Respondent No.1(a) and (b). 2) That the Appellant aggrieved by the Judgment and Decree dated: 04.09.2015, passed in O.S.No.23/2009, wherein the Trial court dismiss the suit of the Plaintiff. The Appellant challenge the Judgement and Decree dated 04.09.2015 before the First Appellant Court in R.A.No.154/2015. The First Appellant Court considering the Appeal vide Judgement and Decree dated: 25.02.2021, dismiss the appeal confirming the Judgement and Decree passed by the Trial Court. The Respondent No.4, 6 and 7/Defendant No.3, 5 and 6 filed the Regular appeal challenging the finding given on the additional issued No.1 "whether the defendant No.3 proves that he is a Bonafide purchaser for the value without notice of the litigation pending before the court?" in R.A.No.159/2015. The First Appellant Court - 5 - NC: 2025:KHC:18197 RSA No. 552 of 2021 considering the Appeal vide Judgement and Decree dated 25.02.2021, by allowing the appeal, the finding of the Trial Court on additional issue No.1 in Judgement and Decree dated 04.09.2015 in O.S.No.23/2009 is herewith set aside. 3] After filing of the second appeal, at the instance of the close relatives and elders of the family, conciliated the matter in dispute between the plaintiff and defendants. The said conciliation has become fruitful and accordingly, the plaintiff and defendants have agreed to get an end to the litigation by way of this compromise petition by dividing the suit schedule properties on the following terms: 4] The Appellant and Respondent No.4, 6 and 7 submit that the Appellant confirm and admitted the Sale Deed dated 28.08.1997 and Partition Deed dated 25.03.1998 with respect to item No.1 Land bearing Sy. No. 108/2, measuring 1 acres 05 guntas was purchased through Registered Sale Deed dated 28.08.1997 and Respondent No.4, 6 and 7 are divided the said property through Registered Partition Deed dated 25.03.1998. In view of the partition Respondent No.6- Sri.Ganganna was allotted Eastern portion measuring 1 acre 2 ½ guntas and Respondent No.7-Sri. Mahimanna was allotted Western portion measuring 1 acre 2 ½ guntas in land bearing Sy.No.108/2 measuring 2 acres 5 guntas. The - 6 - NC: 2025:KHC:18197 RSA No. 552 of 2021 Defendant No.4, 6 and 7 can enjoy the same as their exclusive properties and to hold exclusive right, title, interest and possession over the item No.1 Schedule property. The Appellant/Plaintiff has no rights, title, interest and possession over the item No.1 of Schedule property. The Appellant/Plaintiff further has no objection to change the khatha in favour of Respondent NO.4, 6 and 7 with respect to item No. 1 of Schedule property. 5] The Appellant/Plaintiff have now agreed to concede the Sale deed dated 28.08.1997 and Partition Deed dated 25.03.1998. The Defendant No.4, 6 and 7 are the absolute owner and physical possession of the suit schedule property. 6] The Defendant No.4, /Respondent No.4 has agree to pay a sum of Rs.5,00,000/-(Five Lakhs only) through Two Cheque's as hereunder in favour of Appellant/Plaintiff, Rs.2,50,000/-(Two Lakhs Fifty Thousand only) through Cheque bearing No.165547, Dated:25.04.2025 drawn on Federal Bank, Nelamangala Branch, Nelamangala,. Rs.2,50,000/- (Two Lakhs Fifty Thousand only) by way of Cheque bearing No.258186, Dated: 25.04.2025 drawn on Axis Bank, Nelamangala Branch, Nelamangala, in favour of Appellant. The Appellant accepted the said as that of his share. - 7 - NC: 2025:KHC:18197 RSA No. 552 of 2021 4] The Appellant/Plaintiff have conceded the physical possession owned by the Defendant No.4, 6 and 7/Respondent No.4, 6 and 7 over the item No.1 schedule property and they shall continue with the physical possession over the suit schedule property by owning absolute right, title, interest and lawful WHEREFORE, the Appellant and Respondent No.4, 6 and 7 humbly pray this Hon'ble Court may kindly be pleased to dismiss the appeal with respect to item no.1 of the suit schedule property on the terms and conditions of the above compromise in interest of justice and equity.” 3. The contents of the compromise petition are read over and explained to the parties in Kannada Language known to them. They have accepted the terms and conditions of the compromise petition, and accordingly, prays to dispose of the appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. The appeal is disposed of in terms of the compromise petition. - 8 - NC: 2025:KHC:18197 RSA No. 552 of 2021 The office is directed to draw a decree in terms of the compromise petition. Sd/- (ASHOK S.KINAGI) JUDGE BVK