- 1 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 861 OF 2022 (PAR/INJ) CONNECTED WITH REGULAR FIRST APPEAL NO. 332 OF 2022(PAR) IN RFA No. 861/2022 BETWEEN: SMT N NETHRA W/O LATE K A MURALI AGED ABOUT 37 YEARS BYRASANDRA VILLAGE KOTAGAL POST CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT. …APPELLANT (BY SRI. AKASH V T - ADVOCATE) AND: 1. SRI K S ABBAYYA REDDY S/O SHESHA REDDY AGED ABOUT 71 YEARS R/AT NO.116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAHALLI SARJAPUR ROAD BENGALURU-560035. 2. SMT USHA W/O K S ABBAYYA REDDY AGED ABOUT 66 YEARS R/AT NO.116, GER SCHOOL ROAD Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 BEHIND ANJANADRI SCHOOL DODDA KANNAHALLI SARJAUR ROAD BENGALURU-560035. 3. SMT K A MYTHRA D/O K S ABBAYYA REDDY W./O CHANDRASHEKAR AGED ABOUT 42 YEARS R/AT NO.427 DODDATHOGUR VILLAGE ELECTRONIC CITY POST BENGALURU-560100. ALSO AVAILABLE AT R/AT NO.116 GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAHALLI SARJPAUR ROAD BENGALURU-560035. 4. SMT K A ANITHA D/O K S ABBAYYA REDDY W/O LOKESH AGED ABOUT 40 YEARS R/AT NO.65, 6TH CROSS ULSOOR, CAMBRIDGE LAYOUT BENGALURU-560008 ALSO AVAILABLE AT R/AT NO.116 GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAHALLI SARJPAUR ROAD BENGALURU-560035. 5. M/S SAROJ BUILDS AND PROPERTIES PVT LTD SAROJ SQUARE, FIRST FLOOR SITE NO.1, SILVER SRING ROAD MARATHAHALLI, BENGALURU-560037 REP. BY ITS DIRECTOR SRI C H CHAKRADHAR S/O C H VENKATESHWARALU - 3 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 6. SMT PUSHPALATHA W/O LATE K A MURALI AGED ABOUT 38 YEARS R/AT NO.116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAHALLI SARJPAUR ROAD BENGALURU-560035. …RESPONDENTS (BY SRI. SHASHI KUMAR G V – ADVOCATE FOR RESPONDENTS NO.1 & 2; SRI P B AJITH – ADVOCATE FOR RESPONDENTS NO.3 AND 4 ;VIDE COURT ORDER DATED 16.04.2025 APPEAL IS DIMISSED AGAINST RESPONDENTS NO.5 & 6) THIS RFA FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 20.12.2021 PASSED IN OS No.8989/2013 ON THE FILE OF THE XXX-ADDL. CITY CIVIL AND SESSIONS, JUDGE, BENGALURU CITY. IN RFA NO. 332/2022 BETWEEN: 1. MRS K A MYTHRA D/O K S ABBAYYA REDDY W/O MR. CHANDRASHEKAR AGED 42 YEARS R/A 427, DODDATHOGUR VILLAGE ELECTRONIC CITY POST BENGALURU - 560 100 PRESENTLY R/AT NO.531 DODDATHOGURU VILLAGE ELECTRONIC CITY POST BENGALURU - 560 100. ALSO AVAILABLE AT: R/AT 116, GER SCHOOL ROAD - 4 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 BEHIND ANJANADRI SCHOOL DODDA KANNAJHALLI SARJAPUR ROAD BENGALURU - 560 035. CORRECTED ADDRESS R/AT 116, 9TH MAIN GEAR SCHOOL ROAD OPP ANJANADRI GOVT. SCHOOL DODDA KANNAHALLI SARJAPUR ROAD BENGALURU - 560 035. 2. MRS. K A ANITHA D/O MR. K S ABBAYYA REDDY W/O MR. LOKESH AGED 40 YEARS R/AT 65, 6TH CROSS, ULSOOR CAMBRIDGE LAYOUT BENGALURU - 560 008 ALSO AVAILABLE AT: R/AT 116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAJHALLI SARJAPUR ROAD BENGALURU - 560 035 CORRECTED ADDRESS R/AT 116, 9TH MAIN GEAR SCHOOL ROAD OPP ANJANADRI GOVT. SCHOOL DODDA KANNAHALLI SARJAPUR ROAD BENGALURU - 560 035. ...APPELLANTS (BY SRI. THONTADHARYA R K AND SRI P B AJITH - ADVOCATES) - 5 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 AND: 1. MRS N NETHRA W/O LATE K A MURALI AGED 36 YEARS R/AT BYRASANDRA VILLAGE KOTAGAL POST CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 573 125. 2. MR. K S ABBAYYA REDDY S/O LATE SHESHA REDDY AGED 71 YEARS R/AT 116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAJHALLI SARJAPURA ROAD BENGALURU - 560 035 PRESENTLY R/AT NO.116 GEAR SCHOOL ROAD OPP. ANJANADRI GOVT. SCHOOL DODDAKANNAHALLI SARJAPUR ROAD, BENGALURU - 560 035. 3. MRS. USHA W/O MR. K S ABBAYYA REDDY AGED 66 YEARS R/AT 116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAJHALLI SARJAPURA ROAD BENGALURU - 560 035 PRESENTLY R/AT NO.116, GEAR SCHOOL ROAD OPP. ANJANADRI GOVT. SCHOOL DODDAKANNAHALLI SARJAPUR ROAD, BENGALURU - 560 035. 4. M/S SAROJ BUILDS AND PROPERTIES PVT LTD SAROJ SQUARE, FIRST FLOOR - 6 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 SITE NO.1 SILVER SPRING ROAD MARATHAHALLI, BENGALURU - 560 037 REPRESENTED BY DIRECTOR SRI C H CHANDRADHAR S/O C H VENKATESHWARALU. 5. MRS. PUSHPALATHA W/O LATE K A MURALI AGED 38 YEARS R/AT 116, GER SCHOOL ROAD BEHIND ANJANADRI SCHOOL DODDA KANNAJHALLI SARJAPURA ROAD BENGALURU - 560 035. PRESENT R/AT GEAR SCHOOL ROAD OPP. ANJANADRI GOVT. SCHOOL DODDAKANNAHALLI, SARJAPUR ROAD BENGALURU - 560 035. ...RESPONDENTS (BY SRI. G V SHASHIKUMAR – ADVOCATE FOR RESPONDENTS 2 & 3; VIDE COURT ORDER DATED 16.04.2025 APPEAL IS DISMISSED AGAINST RESPONDENTS NO.4 & 5) THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.12.2021 PASSED IN OS.NO. 8989/2013 ON THE FILE OF THE XXX-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. THESE RFAs’, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 7 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) These appeals are directed against the judgment and decree rendered by the XXX Additional City Civil & Sessions Judge, Bengaluru in O.S.No.8989/2013 dated 20.12.2021. 2. In RFA.No.861/2022 learned counsel Sri Akash.V.T for appellant and learned counsel Sri Mahesh Reddy.G for respondent No.5 are present before the Court physically. Learned counsel Sri Shashi Kumar G.V for respondent Nos.1 and 2 in RFA No.861/2022 and for respondent Nos.2 and 3 in RFA.No.332/2022 is present. 3. In RFA No.332/2022 learned counsel Sri Thontadharya R.K along with P.B Ajit is present. He also represents respondent Nos.3 and 4 in RFA.No.861/2022. Learned counsel Sri Prashanth Kumar.R for respondent No.4 in RFA.No.332/2022 is present. - 8 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 4. In these matters both parties have filed a compromise petition dated 16.04.2025. The said compromise petition reads as under: 1. The plaintiff/appellant in R.F.A.No.861/2022, herein had filed a suit in O.S.No.8989/2013 against the Defendants/ Respondents herein for the relief of partition and separate possession, permanent injunction and such other reliefs, in respect of land the lands bearing Sy.No.94/5, Sy.No.104/2, Sy.No.6, Sy.No.5/10 and Sy.No.5/12, all situated at Dodda Kannahalli Village, Varthur Hobli, Bengaluru East Taluk claiming that she has succeeded to the estate of late K.A.Murali her husband who died on 20.06.2013. 2. That the defendant No.1 and 2 are the parents of deceased K.A.Murali and defendants 3 and 4 are the daughters of defendants 1 and 2. That defendant No.5 is the developer of Item No.1 of the suit schedule property. The defendant No.6 claiming to be wife of late K.S.Murali came on record before the Trial court. 3. The defendant No.1 filed written statement contending that Item Nos.1 and 2 would partake the nature of absolute properties in the hands of defendant No.1 and Item No.3 is the self-acquired of defendant No.1 and Item Nos.4 and 5 are ancestral properties. 4. The Item No.1 of the suit schedule property is developed by defendant No.5 into residential apartments as per Joint development Agreement dated 13.07.2012 - 9 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 and in pursuance supplementary/sharing agreement dated 21.03.2013, the defendant No.5 has transacted his share of flats and defendants 1 to 4 have also transacted the owners’ share of units/flats. 5. That the available land in Item No.2 of the suit schedule property is 26 Guntas only. That Item No.3 of the suit schedule property is purchased by the defendant no.1 out of his retirement benefits under a registered sale deed dated 20.09.2002 executed by Sri. Chikka Ramaiah Reddy. 6. That Item No.4 of the suit schedule property is assigned new Survey No.5/10 consisting of old house and Item No.5 of the suit schedule property was assigned new Survey No.5/12 and the defendant No.1 herein has transacted an extent of 954 square feet and constructed a residential building in the remaining extent for personal use. 7. That the defendant No.2 has claimed her ½ share in the share of her deceased son K.A.Murali and the defendants 3 and 4 have claimed their ¼ th share in the suit schedule properties. The defendant No.5 has filed written statement, contending that in terms of the joint development agreement and supplementary agreement he has transacted the flats allotted to his share. The defendant No.6 has filed written statement/counter claim contending that she is the legally wedded wife of late K.S.Murali and that she has succeeded to his estate. - 10 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 8. That the suit in O.S.No.8989/2013 and the counter claims made by the Defendants No.3 and 4 and Defendant No.6 came to be dismissed by judgment and decree dated 20.12.2021 passed by the XXX-Addl. City Civil and Sessions Judge(CCH 31), Bengaluru. 9. The plaintiff has filed R.F.A.No.861/2022 and defendants 3 and 4 have filed RFA.No.322/2022 assailing the judgment and decree dated 20.12.2021 in O.S.No.8989/2013. 10. The defendant No.6 has not challenged the dismissal of the counter claim sought by her in O.S.No.8989/2013 and the findings in the said judgment that she is not the legally wedded wife of K.S.Murali. 11. The appellant in RFA.No.861/2022 has filed Memo seeking dismissal of appeal as not pressed against the Respondents No.5 & 6, similarly the Appellants in RFA No.332/2022 have filed Memo seeking dismissal of the appeal against the Respondents No.4 & 5. 12. At the intervention of relatives, well-wishers and friends of the parties, they have arrived at settlement, which is detailed below and the Appellants, Respondents accordingly are submitting this compromise petition, requesting this Hon’ble Court to record the same and pass appropriate orders in terms of this compromise petition. 13. The Defendants 1 to 4 admit and confirm that the plaintiff is the legally wedded wife of deceased K.S.Murali. - 11 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 14. The plaintiff and defendants No.1 to 4 admit and concede that suit Item Nos.1, 2, 4 and 5 are joint family properties of the defendant No.1, deceased K.S.Murali and the defendants No.3 and 4. 15. The plaintiff, defendants No.2 to 4 admit and confirm that the Item No.3 of the suit schedule property is the self-acquired property of defendant No.1. 16. The defendants No.1, 3, and 4 admit and confirm that the plaintiff and defendant No.2 are the only legal representative of deceased K.S.Murali and they have succeeded to the share of deceased K.S.Murali in the joint family properties. 17. The defendants No.1, 3 and 4 admit and confirm that they along with deceased K.S.Murali are entitled for ¼ th share each in the Item Nos.1, 2, 4 and 5 of the suit schedule properties. 18. The plaintiff, defendants No.1 to 4 admit and confirm the transactions made in respect of Item Nos.1, 2 and 5 of the suit schedule properties and they do not have any kind of claim, share, right, title, possessions over any portions of the land transacted and affirm the exclusive possession and enjoyment of the respective purchasers. 19. The plaintiff/appellant in R.F.A.No.861/2022 admit and confirm the transactions made by the defendant No.5 in respect of item No.1 of the suit schedule property and they do not have any kind of claim, share, right, title, possession over any portion of - 12 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 the flats transacted by defendant No.5 and affirm the exclusive possession and enjoyment of the respective flat owners. 20. The plaintiff/appellant in R.F.A.No.861/2022 dmits and acknowledges the receipt of Rs.2,15,00,000/- (Rupees Two Crore Fifteen Lakhs Only) by way of the following Demand Drafts • Rs.50,00,000/-[Rupees Fifty Lakhs only] by way of Demand Draft dated 29.03.2025, bearing No.009130, drawn on HDFC Bank Ltd., Bangalore, • Rs.65,00,000/- [Rupees Sixty Five Lakhs only] by way of Demand Draft dated 29.03.2025, bearing No.009131, drawn on HDFC Bank Ltd., Bangalore, • Rs.50,00,000/- [Rupees Fifty Lakhs only] by way of Demand Draft dated 29.03.2025, bearing No.009133, drawn on HDFC Bank Ltd., Bangalore and • Rs.50,00,000/- [Rupees Fifty Lakhs only] by way of Demand Draft dated 29.03.2025, bearing No.009132, drawn on HDFC Bank Ltd., Bangalore. as full and final settlement of all her claims against defendants 1 to 5 in lieu of her undivided share in respect of Item Nos.1, 2, 4 and 5 of the suit schedule properties including any other properties either - 13 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 ancestral, joint family or self-acquired properties of the Defendants No.1 to 4 and deceased K.S.Murali. 21. The plaintiff in view of the acceptance of the aforesaid amount towards her full and final settlement of all her claims, the plaintiff unconditionally hereby relinquishes and release all her undivided share in Item Nos.1, 2, 4 and 5 of the suit schedule properties including any other properties either ancestral, joint family or self-acquired properties of deceased K.S.Murali in favour of defendants No.1 to 4. 22. The defendant No.1 is exclusively entitled for the remaining flats of the owners’ share constructed in the Item No.1 of the suit schedule property. 23. The defendant No.2 is entitled for her ½ undivided share in the ¼ th share of deceased K.S.Murali, in Item Nos.2, 4 and 5 of the suit schedule properties. 24. The defendants No.3 and 4/appellants in R.F.A.No.322/2022 are entitled for their ¼ th share each in Item Nos.2, 4 and 5 of the suit schedule properties. 25. The plaintiff further affirms and concedes that she has no objection for transfer of the revenue records in respect of the suit schedule properties or any other properties either ancestral, joint family or self-acquired of the deceased K.A.Murali, to the name of Smt. Usha i.e., defendant No.2. 26. The plaintiff/appellant declares that she has not done any act or deeds or things which will prejudice the - 14 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 rights of the respondents herein in the suit schedule property. In case of any claims by parties claiming under the plaintiff/appellant, the appellant herein agrees to answer the same and undertakes to indemnify and keep indemnified the respondents from such claims and demands. 27. The plaintiff hereby agree and declare that she do not have any objections for the defendants No.1 to 4 getting the transfer of katha/revenue records in respect of Item Nos.1, 2, 4 and 5 of the suit schedule properties to their names. 28. The acceptance of aforesaid compromise petition is subject to realization of aforesaid demand drafts issued in favor of plaintiff. The plaintiff is at liberty to recall the compromise, if the aforesaid amount is not realized by the plaintiff. 29. The plaintiff/appellant undertakes to execute all other document/s or letter/s or no-objection etc., if necessary, in order to give effect to the terms of the compromise petition. 30. The parties have entered into this compromise petition out of their own free will, volition and without coercion or undue influence and further the parties agree that the terms of the compromise petition are fair, equitable and just. Hence, request this Hon’ble court to accept the same. Wherefore, the parties herein respectfully pray that this Hon’ble Court may be pleased to accept the - 15 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 compromise petition and modify the judgment and decree dated 20.12.2021 passed by the XXX-Addl. City civil Judge (CCH 31), Bengaluru in O.S.No.8989/2013, in terms of this Compromise petition. 5. Appellants namely Smt.N.Netra in RFA.861/2022 and Smt K.A.Mythra in RFA.No.332/2022 are present. Both parties have been appraised of the terms and conditions mentioned in the compromise petition and have subscribed their signatures in the presence of the learned counsel for the parties. It is stated that the appellant and the respondents have mutually agreed to full and final settlement in respect of the suit schedule properties. In a given peculiar facts and circumstances of the case and keeping in view the submission made by counsel for the parties, the compromise petition is taken on record. Accordingly, we proceed to pass the following: ORDER 1. The appeal is hereby disposed of. The judgment and decree passed by the XXX Additional City Civil Judge, - 16 - NC: 2025:KHC:15720-DB RFA No. 861 of 2022 C/W RFA No. 332 of 2022 Bengaluru in O.S.No.8989/2013 dated 20.12.2021 is hereby modified in terms of the compromise petition. 2. Registry is directed to draw the decree in terms of the compromise in respect of the suit schedule properties as described in compromise petition. 3. Pending applications, if any, shall stand disposed of. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ