- 1 - NC: 2024:KHC:18185 RFA No. 955 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 955 OF 2020 BETWEEN: SRI VASAVI EDUCATION TRUST (R) KALYA GATE, MAGADI TOWN REPT. BY ITS PRESIDENT S.G.RAMESH GUPTA S/O LATE GOPALAKRISHNA SETTEE AGED ABOUT 55 YEARS. …APPELLANT (BY SRI SARAVANA S, ADV.) AND: 1. M. SHARADAMMA W/O M R RAMACHANDRA, AGED 64 YEARS R/O DOOR NO.190, 3RD CROSS OPP. OPPOSITE VANI VIDYA MANDIR SCHOOL, 40 FEET ROAD KEMPEGOWDA NAGAR MAGADI MAIN ROAD VISHWA NEEDAM POST BANGALORE - 560 009. 2. R. RENUKA W/O H.B. PALAKSHA AGED ABOUT 54 YEARS R/O DOOR NO.1676 SRI RANGADAMA NILAYA UTTARA BADAVANE HASSAN - 573 201. 3. RAVAMMA W/O KEMPATHIMMAIAH Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:18185 RFA No. 955 of 2020 AGED 79 YEARS R/O LAKSHMANAPPA LAYOUT BEHIND KEB, SUBHASHNAGAR NELAMANAGALA BANGALORE - 562 123. 4. JAYAMMA (RICE MERCHANT) W/O LATE REVANNA AGED 71 YEARS R/O DOOR NO.1264 GANIGARA BEEDI MAGADI TOWN RAMANAGAR - 562 120. 5. RAMESH S/O LATE REVANNA AGED 51 YEARS R/O DOOR NO.1264 GANIGARA BEEDI MAGADI TOWN RAMANAGAR - 562 120. 6. SMT. PADMAVATHAMMA W/O VENKARAMAIAH MAJOR R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120. 7. MAHALINGAIAH S/O YANJARAPPA MAJOR R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120. 8. B.S. RAGAVENDRA S/O SEETHARAMAIH AGED 51 YEARS R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120. 9. SMT. SARASWATHI BAI W/O LATE M R SATAVAJIRAO MAJOR - 3 - NC: 2024:KHC:18185 RFA No. 955 of 2020 R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120. 10. SMT. PARVATHAMMA W/O M S SRINIVASA AGE 43 YEARS R/O BEHIND NIRMALA THIATOR KALYA GATE, MAGADI TOWN RAMANAGAR - 562 120. 11. B.H. BYRAIH S/O LATE ANGADI BYURAPPA AGED 50 YEARS R/O MATTA VILLAGE MADABAL HOBLI MAGADI TALUK BANGALORE RURAL DISTRICT - 561 201. 12. SRI A.P. NAGENDRA BABU S/O LATE PUTTARANGASHETT AGED 53 YEARS R/O NO.881/815, MAIN ROAD MAGADI TOWN, RAMANAGAR - 562 120. 13. SRI C. NARASAIAH S/O CHANNAIAH ALIAS CHANNAPPA AGED 46 YEARS R/O MATADA PALYA AGALAKATTE POST, KASABA HOBLI MAGADI TALUK, RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI YATHIRAJ, ADV., FOR R-1 & R-2; SRI P.M. SIDDAMALLAPPA, ADV., FOR R-3; SRI H.R. SUNJEEVE GOWDA, ADV., FOR R-4 & R-5; R-6, R-7, R-8, R-10, R-12 R-13 ARE SERVED AND UNREPRESENTED; V/O DATED 23.04.2024 SRI M VINOD UNDERTAKE TO FILE V/C FOR R-11)) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.11.2019 PASSED IN O.S.NO.474/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 4 - NC: 2024:KHC:18185 RFA No. 955 of 2020 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT 1. Learned counsel for the appellant and the learned counsel for respondent Nos.1 and 2 submit that appellant and respondent Nos.1 and 2 have jointly filed a compromise petition stating that the matter is settled between them. 2. Appellant and respondent Nos.1 and 2 are present before the Court. Upon enquiry, the appellant and respondent Nos.1 and 2 have stated that they have settled the matter amicably on their own will and voluntarily without any coercion or influence on them and hence, request to record the compromise between them with respect to 'B' schedule property. 3. It is termed in the compromise petition that the appellant has paid Rs.40 lakhs each to respondent Nos.1 and 2 through Demand Drafts as in detail described in the compromise petition in paragraph No.5. 4. Today the appellant has handed over the Demand Drafts for Rs.40 lakhs each to respondent Nos.1 and 2 and respondent - 5 - NC: 2024:KHC:18185 RFA No. 955 of 2020 Nos.1 and 2 have acknowledged receipt of Demand Draft in the presence of their advocates. 5. In terms of this Compromise Petition, appeal is disposed of insofar as between appellant and respondent Nos.1 and 2. Insofar as the appeal between the appellant and other respondents, the appeal shall continue. 6. Draw decree in terms of compromise petition between appellant and respondent Nos.1 and 2. Compromise Petition shall be part and parcel of the decree drawn in respect of the appellant and respondent Nos.1 and 2. Sd/- JUDGE DN