- 1 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.2298 OF 2018 (PAR-) C/W REGULAR SECOND APPEAL NO.114 OF 2019 IN RSA No. 2298/2018 BETWEEN: 1. SMT. SHAFEENA M. AGED ABOUT 28 YEARS, W/O SRI. C. V. RAZAK, RESIDENT OF ILAWALA VILLAGE, OLD CANARA BANK ROAD, ILAWALA HOBLI, MYSURU TALUK AND DISTRICT - 570 001. 2. SRI. C. V. RAZAQUE AGED ABOUT 39 YEARS, S/O LATE MAYANKUTTI, RESIDENT OF ILAWALA VILLAGE, OLD CANARA BANK ROAD, ILAWALA HOBLI, MYSURU TALUK AND DISTRICT - 570 001. …APPELLANTS (BY SRI. NITISH, ADVOCATE) AND: 1. KUM. BHAVANA G. D/O S.R.GIRISH, AGED ABOUT 12 YEARS, Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 (ATTAINED MAJORITY ON 31.12.2023 V/O DTD 28.02.2025) 2. MR. SAMRUDH. G. S/O S. R. GIRISH AGED ABOUT 07 YEARS, RESPONDENTS NO.1 & 2 ARE MINORS - REPRESENTED BY THEIR MOTHER SMT. PAVITRA K. N. W/O GIRISH S. R. AGED ABOUT 34 YEARS, RESIDENT OF BYRAVESHWARA NILAYA, BEHIND SIDDESHWARA KALYANA MANTAPA, MYSURU - 570 001. (RESPONDENT NOS.1 & 2 ARE THE LEGAL REPRESENTATIVES OF RESPONDENT NO.5) 3. SRI. S. N. RAMAKRISHNAIAH S/O LATE NINGEGWODA AGED ABOUT 74 YEARS, RESIDING AT NO.122/2, KENDRA BANK OLD BUILDING, MARIGUDI ROAD, ILAWALA VILLAGE, MYSURU - 570 001. 4. SMT. SUSHEELAMMA W/O S. N. RAMAKRISHNAIAH, AGED ABOUT 63 YEARS, RESIDING AT NO.122/2, KENDRA BANK OLD BUILDING, MARIGUDI ROAD, ILAWALA VILLAGE, MYSURU - 570 001. - 3 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 (LEGAL REPRESENTATIVES OF RESPONDENT NO.5) 5. 5(A). SRI. S. R. GIRISH S/O S.N. RAMAKRISHNAIAH, (SINCE R5 DEAD REPRESENT BY HIS LRS R5(A), R1, R2, R4) SMT. PAVITHRA K.N. W/O S.R. GIRISH, AGE MAJOR, R/A BYRAVESHWARA NILAYA, BEHIND SIDDESHWARA, KALYANA MANTAPA, ELWALA, MYSORE - 570 027. 6. SMT. S. R. MANJULA AGED ABOUT 44 YEARS, W/O K. S. MAHESH RESIDING AT NO.357/D 16TH MAIN ROAD, M. C. LAYOUT VIJAYANAGARA BENGALURU - 560 040. 7. SRI. P. SIDDAIAH AGED ABOUT 84 YEARS, S/O LATE SIDDEGOWDA RESIDING AT NO.358/D 15TH MAIN ROAD, CHORD ROAD, VIJAYANAGARA BENGALURU - 560 040. 8. SMT. GOWRAMMA AGED ABOUT 60 YEARS, W/O LATE S. N. SHANKAREGOWDA RESIDING AT SABBANAHALLI VILLAGE, - 4 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 HIRESAVE HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT - 573 201. 9. SRI. SURESH AGED ABOUT 42 YEARS, S/O LATE S. N. SHANKAREGWODA RESIDING AT SABBANAHALLI VILLAGE, HIRESAVE HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DSITRICT - 573 201. 10. SMT. NEELAMANI ALIAS INDIRA AGED ABOUT 46 YEARS, W/O DEVARAJU, R/AT BINDINANAVILE VILLAGE AND HOBLI, NELAMANGALA TALUK, MYSURU DISTRICT - 570 001. 11. SMT. KANTAMANI AGED ABOUT 43 YEARS, W/O GIRISH, RESIDING AT T. B. EXTENSION, NELAMANGALA TALUK, MYSURU DISTRICT - 570 001. 12. SRI. S. N. CHANDREGOWDA AGED ABOUT 66 YEARS, S/O LATE NINGEGOWDA RESIDING AT SABBANAHALLI VILLAGE, HIRESAVE HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. M. Y. SREENIVASAN, ADVOCATE FOR R3 TO R5; SRI. V. B. SIDDARAMAIAH, ADVOCATE FOR R1 & R2 - 5 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 R2 IS MINOR, REPRESENTED BY MOTHER SMT. PAVITHRA K.N. SRI. RAJAYOGA.K., ADVOCATE FOR SMT. B.V.VIDYULATHA, ADVOCATE FOR R6 & R7; R9 & R10 & 12 ARE SERVED; VIDE ORDER DATED:9.10.23, NOTICE TO R8 IS HELD SUFFICIENT; VIDE ORDER DATED:27.6.24, SERVICE OF NOTICE TO R11 IS DISPENSED WITH) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:27.10.2018 PASSED IN RA.NO.60/2017, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT [SIT AT CHANNARAYAPATNA] ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:24.04.2017 PASSED IN OS.NO.19/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNARAYAPATHNA. IN RSA NO. 114/2019 BETWEEN: 1. SRI. P. SIDDAIAH S/O LATE SIDDEGOWDA AGED ABOUT 84 YELARS, R/AT D.NO.358/D, 5TH MAIN ROAD, CHORD ROAD, BENGALURU - 560 040. 2. SMT. S.R. MANJULA W/O K. S. MAHESH, AGED ABOUT 44 YEARS, R/AT D.NO.357/D, 16TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. ...APPELLANTS (BY SRI. RAJAYOGA K., ADVOCATE SMT. B. V. VIDYULATHA., ADVOCATE) - 6 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 AND: 1. KUM. BHAVANA G. D/O GIRISH, AGED ABOUT 12 YEARS, (ATTAINED MAJORITY ON 31.12.2023 V/O DTD 28.02.2025) 2. MASTER SAMRUDH G. S/O S. R. GIRISH AGED ABOUT 7 YEARS, RESPONDENT NOS.A AND 2 BEING MINORS ARE REPRESENTED BY THEIR MOTHER SMT. PAVITRA K. N. W/O GIRISH S. R. AGED ABOUT 33 YEARS, R/AT BYRAVESHWARA NILAYA, BEHIND SIDDESHWARA KALYANA MANTAPA, MYSURU - 570 001. (RESPONDENT NOS.1 & 2 ARE THE LEGAL REPRESENTATIVES OF RESPONDENT NO.5) 3. SRI. S. N. RAMAKRISHNAIAH S/O LATE NINGEGOWDA, AGED ABOUT 74 YEARS, 4. SMT. SUSHEELAMMA W/O S. N. RAMAKRISHNAIAH, AGED ABOUT 63 YEARS, BOTH RESPONDENT NOS.3 & 4 ARE R/O D.NO.122/2, KENDRA BANK OLD BUILDING, MARIGUDI ROAD, ILWALA VILALGE AND HOBLI, MYSORE TALUK, MYSORE - 570 027. - 7 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 5. 5(A). SRI. S. R. GIRISH S/O S.N. RAMAKRISHNAIAH, (SINCE R5 DEAD REPRESENT BY HIS LRS R5(A), R1, R2, R4) SMT. PAVITHRA K.N. W/O S.R. GIRISH, AGE MAJOR, R/A BYRAVESHWARA NILAYA, BEHIND SIDDESHWARA KALYANA MANTAPA, ELWALA, MYSORE - 570 027. 6. SMT. GOWRAMMA W/O LATE S.N. SHANKAREGOWDA, AGED ABOUT 61 YEARS, 7. SRI. SURESH S/O LATE S.N. SHANKAREGOWDA, AGED ABOUT 42 YEARS, BOTH RESPONDENT NOS.7 AND 8 ARE R/O SABBANAHALLI VILLAGE, HIRISAVE HOBLI, CHANANRAYAPATNA TALUK - 573 116. 8. SMT. NEELAMANI @ INDRA W/O DEVARAJU, AGED ABOUT 46 YEARS, R/AT BINDIGANAVILE VILLAGEAND HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432. 9. SMT. KANTHAMANI W/O GIRISH, AGED ABOUT 44 YEARS, - 8 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 R/AT T. B. EXTENSION, NAGAMANGALA TALUK MANDYA DISTRICT - 571 432. 10. SRI. S.N. CHANDREGOWDA S/O LATE NINGEGOWDA, AGED ABOUT 66 YEARS, R/AT SABBANAHALLI VILLAGE, HIRISAVE HOBI, CHANNARAYAPATNA TALUK - 573 116. ...RESPONDENTS (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE FOR R1 & R2; R1 & 2 MINOR REPRESENTED BY MOTHER SMT. PAVITHRA K.N. R8 & R10 SERVED; V/O DATED 9.10.23, NOTICE TO R3 TO R7 ARE HELD SUFFICIENT; V/O DATED:27.6.24, SERVICE OF NOTICE TO R9 IS DISPENSED WITH) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:27.10.2018 PASSED IN RA.NO.60/2017, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, (SIT AT CHANNARAYAPATNA) ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED: 24.04.2017 PASSED IN OS.NO.19/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNARAYAPATNA. THESE APPEALS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 9 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed by the appellants for partition and separate possession as against the defendants. The Trial Court had decreed the suit in part, granting 1/6th share each to the plaintiffs excluding item No.8 of 'B' schedule property. An appeal came to be filed by the plaintiff wherein the First Appellate Court allowed the appeal and granted 1/6th share including item No.8 of the 'B' schedule property. 2. Being aggrieved by the same the appellants/plaintiffs said to be purchaser of the 'B' schedule property item No.8 of the property after obtaining leave to file the appeal. Both the parties have entered into compromise after referring the matter to Karnataka Mediation Centre where the matter has been settled. 3. The respondent No.5(a) Pavithra K.N who is also natural guardian and mother of respondent No.2, the minor also said to be the mother of respondent No.1 is seeking permission to compromise the matter on behalf of the - 10 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 respondent No.2, by filing I.A.No.1/2025 under Order XXXII Rule 7 read with Section 151 of CPC. 4. Though the respondent No.5(a) is not party in both suit and appeals, after the death of respondent No.5/S.R.Girish, she has entered as legal representatives of respondent No.5, as respondent No.5(a) and also being the guardian of respondent No.2/Master Samrudh G., is seeking permission to compromise the case, on behalf of the respondent No.2/minor son Samrudh G. also. 5. Considering the facts and circumstances of the case, both parties are permitted to compromise, hence I.A.No.1/2025 is hereby is allowed. 6. As per the terms of the compromise conceding the title of the appellants/purchaser who said to be purchasers of the Item No.8 of the schedule 'B' property and the appellants agreed to pay ₹13 lakhs to both respondent Nos.1 and 2. According to the terms of the settlement, today both the DDs of ₹5 lakhs as well as ₹8 lakhs are handed over to the respondent No.1 and the guardian of respondent No.2 [respondent - 11 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 No.5(a)] by the appellants and the same is accepted and acknowledged by the respondents. 7. The key of the 'B' schedule, item No.8 of the property is handed over by the respondent No.5(a) to the appellants and the same is received and acknowledged by the appellants. 8. Both the parties agreed for the terms of compromise in view of the settlement deed passed in the Mediation Centre and the same is accepted. Accordingly, RSA No.2298/2018 is hereby disposed of, in terms of the compromise as per I.A.No.1/2025. Consequently, the appeal is disposed of. Draw decree accordingly. Learned counsel for the appellant filed memo to withdraw the appeal in RSA No.114/2019. In view of the memo and disposal of the RSA No.2298/2018, RSA No.114/2019 is not required for consideration and hence is hereby dismissed as withdrawn. - 12 - NC: 2025:KHC:8874 RSA No. 2298 of 2018 C/W RSA No. 114 of 2019 All the pending interlocutory applications does not survive for consideration. Hence all the pending interlocutory applications are hereby disposed of. Sd/- (K.NATARAJAN) JUDGE AKV List No.: 1 Sl No.: 36 CT:DM