- 1 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 1056 OF 2024 (DEC) C/W REGULAR FIRST APPEAL NO. 1054 OF 2024 (DEC) IN RFA No. 1056/2024 BETWEEN: 1. SMT. ROJA RANI. K AGED ABOUT 50 YEARS, W/O LATE SRI. PRAKASH REDDY, 2. KRANTHI KUMAR K.P, AGED ABOUT 32 YEARS, S/O LATE SRI. PRAKASH REDDY, 3. KARTHIK KUMAR K.P AGED ABOUT 30 YEARS, S/O LATE SRI. PRAKASH REDDY, 4. KETHAN KUMAR K.P, AGED ABOUT 28 YEARS, S/O LATE SRI. PRAKASH REDDY, ALL ARE RESIDING AT NO. 601, KRANTHI ENCLAVE APARTMENT, 5TH CROSS, AKSHAY NAGAR EAST, YELENAHALLI MAIN ROAD, BEGUR, Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 BANGALORE - 560 068. …APPELLANTS (BY SRI. VAGEESHA N, ADVOCATE) AND: H. T. DAYANAND AGED 43 YEARS, S/O SRI. H.T. JAYAPPA, RESIDING AT NO. 3/1C, 1ST FLOOR, "SITA RAMA NILAYA", BEHIND KODHANADARAMA TEMPLE, SOMESHWARA LAYOUT, HULIMAVU, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076. …RESPONDENT (BY SRI. MANJUNATH B.R, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 20.03.2024 PASSED ON I.A.NO.3 IN OS.NO.208/2023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (R) DISTRICT, BENGALURU, ALLOWING THE IA..NO.3 FILED UNDER ORDER 7 RULE 11 OF CPC FOR REJECTION OF PLAINT. IN RFA NO. 1054/2024 BETWEEN: 1. SMT. ROJA RANI. K AGED ABOUT 49 YEARS, W/O LATE SRI. PRAKASH REDDY 2. KRANTHI KUMAR K.P, AGED ABOUT 31 YEARS, S/O LATE SRI PRAKASH REDDY 3. KARTHIK KUMAR K.P, - 3 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 AGED ABOUT 29 YEARS, S/O LATE SRI. PRAKASH REDDY 4. KETHAN KUMAR K.P, AGED ABOUT 27 YEARS, S/O LATE SRI. PRAKASH REDDY. ALL ARE RESIDING AT NO.601, KRANTHI ENCLAVE APARTMENT 5TH CROSS, AKSHAY NAGAR EAST, YELENAHALLI MAIN ROAD, BEGUR, BANGALORE - 560 068. ...APPELLANTS (BY SRI. VAGEESHA N, ADVOCATE) AND: SMT. N. SARVAMANGALA, AGED ABOUT 60 YEARS, W/O SRI. H.T. JAYAPPA, RESIDING AT NO.3/1C, 1ST FLOOR, "SITA RAMA NILAYA", BEHIND KODHANDARAMA TEMPLE, SOMESHWARA LAYOUT, HULIMAVU, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076. ...RESPONDENT (BY SRI. MANJUNATH B.R, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 20.03.2024 PASSED ON I.A.NO.3 IN OS.NO.209/2023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.3 FILED UNDER ORDER 7 RULE 11 OF CPC FOR REJECTION OF PLAINT. - 4 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 THESE APPEALS, 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 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) RFA.No.1056/2024 is directed against the judgment and decree dated 20.03.2024 passed by the learned III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.208/2023 by urging various grounds. 2. RFA.No.1054/2024 is directed against the judgment and decree dated 20.03.2024 passed by the learned III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.209/2023 by urging various grounds. 3. Sri. Vageesha N., learned counsel appearing for appellants along with appellants in both the matters and Sri. Manjunath B. R., learned counsel appearing for the respondent along with the respondent in both the matters are present before the Court physically. - 5 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 4. Learned counsel for the parties submits that the issues between appellants and respondent are settled and they have filed compromise petition in both the matters. 5. The compromise petition in RFA.No.1056/2024 reads as under : 1. The appellant No. 1 is the wife of late Sri. Prakash Reddy, the appellants 2 to 4 are his children. Late Prakash Reddy purchased the land bearing No. 1 in residentially converted land in Sy. No. 16/2 situated at Yelenahalli Village, Beguru Hobli, Bangalore and after obtaining the necessary permissions a residential apartment came to be constructed named as "Kranthi Enclave. 2. The respondent is known to the said Prakash Reddy as his father Jayappa happened to be the friend of the said Prakash Reddy. There were some transactions between the said Prakash Reddy and the respondent resulting in the registration of a sale deed dated 22/02/2018, registered in Book No. 1, registered as document No. JAY-1-10751-2017-18, stored in C.D. No. JAYD 328, registered in the office of Sub-Registrar, Jayanagar, Bangalore. Through the said sale deed the possession of the schedule property was not handed over to the respondent. Subsequently, the said Prakash Reddy sold the schedule property in favour of Ramasubba Reddy. K and Smt. Madavi K. through a sale deed dated 05/09/2018 registered as document No. JAY-1-05537- 2018-2019, stored in CD. No. JAYD356, registered in Book No. 1, registered in the Office of Sub-registrar Jayanagar, Bangalore, and the possession of the schedule property was handed over to them. 3. Be that as it may the said Prakash Reddy issued a notice dated 10/10/2022 calling upon the respondent to execute a deed of cancellation of the said sale deed. Subsequent to the issuance of the said notice the said Prakash Reddy died leaving behind the appellants as his legal heirs to succeeded to his estate. - 6 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 4. As the respondent did not comply the terms of the notice the appellants filed a suit for declaration and for injunction against the respondent in O. S. No. 208/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore. The respondent appeared and filed an application under order 7 rule 11 of CPC which came to allowed there by the suit filed by the appellants came to be rejected prompting them to file the above appeal. 5. Since, there are many inter woven facts and since the subsequent purchaser is in occupation of the suit schedule property the well-wishers of both the appellants and respondent suggested for an amicable settlement so that an absolute conferment of ownership of the suit schedule property can be bestowed upon. Considering the rise in prices of the properties the parties here to agree to come for a compromise and it is agreed by the appellants that they should pay an amount of Rs. 45,00,000/- (Forty five lakhs) to the respondent on or before February 2025 in five installments. In view of the settlement between the parties the respondent consents for the decree of the suit so that the title to the property would be reverted back to Sri. Prakash Reddy and hence the sale deed dated 22/02/2018, registered in Book No. 1, registered as document No. JAY-1-10751- 2017-18, stored in C.D. No. JAYD 328, registered in the office of Sub-Registrar, Jayanagar, Bangalore is herewith cancelled. Consequently, the respondent ratifies/confirms the sale deed executed by Prakash Reddy in favour of the said Ramasubba Reddy. K and Smt. Madhavi K. through a sale deed dated 05/09/2018 registered as document No. JAY-1-05537-2018-2019 stored in CD. No. JAYD356, registered in Book No. 1, registered in the Office of Sub-registrar Jayanagar, Bangalore, Hence, the respondent ratifies and acknowledges the sale deed executed by late Sri. Prakash Reddy in favour of the above Ramasubba Reddy. K. and Smt. Madhavi. K. 6. The appellants have agreed to pay the said Rs. 45,00,000/-( Rupees Forty Five Lakhs) in five installments as mentioned below and have given five cheques drawn on Central Bank of India, Bannerghatta Road, Bangalore in favour of the respondent as mentioned herein below- - 7 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 a) Rs.7,50,000/- (Rupees Seven Lakhs Fifty thousand) through cheque bearing No 124214, dated 15/01/2025, drawn in favour of the respondent, b) Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand) through cheque bearing No. 124215 dated 31/01/2025, drawn in favour of the respondent, Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand) through cheque bearing No. 124217 dated 15/02/2025, drawn in favour of the respondent, d) Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand) through cheque bearing No. 124218 dated 28/02/2025, drawn in favour of the respondent, e) Rs. 15,00,000/- (Rupees Fifteen lakhs) through cheque bearing No. 124219 dated 20/03/2025, drawn in favour of the respondent, 7. It is submitted that in view of the compromise and in view of the receipt of the money, the respondent states that he has no right, title and interest over the schedule property and that he has no claim whatsoever against the appellants or their representatives, successors, agents, etc., in relation to the schedule property. The respondent acknowledges the title of the property of late Prakash Reddy and consequently acknowledges the present title of the schedule property vests with Ramasubba Reddy and Madhavi. Consequently the respondent has consented for the decree of the suit filed by the appellants in O. S. No. 208/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore and consents that he has no right, title and interest over the suit schedule property. The respondent has promised and undertaken to hand over all the original title documents pertaining to the schedule property in favour of the appellants on receiving the last payment as mentioned in this compromise petition. 8. Hence, in view of the compromise of the lis between the parties the respondent has agreed to execute the necessary deeds for the due cancellation of the sale deed. Further the respondent has agreed and undertaken to hand over all the original title deeds pertaining to the suit schedule property to the appellants - 8 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 on the last payment of the money as stated in this compromise petition. 9. The parties have executed this compromise petition on their own free will and volition without any force, fraud, misrepresentation and undue influence. Wherefore, the appellants and the respondent pray that this Hon'ble Court may be pleased to - 1. Accept the above compromise petition by decreeing the suit of the appellants in O.S.No.208/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore, by declaring that the sale deed dated 22/02/2018, registered in Book No. 1, registered as document No. JAY-1-10751-2017-18, stored in C.D. No. JAYD 328, registered in the office of Sub-Registrar, Jayanagar, Bangalore executed by the said Prakash Reddy the husband of the plaintiff, as null and void, 2. Consequently, canceling the sale deed dated 22/02/2018 registered in Book No. 1, registered as document No. JAY-1-10751-2017-18, stored in C.D. No. JAYD 328, registered in the office of Sub-Registrar, Jayanagar, Bangalore, in the interest of justice and equity, 3. Consequently direct the office to refund the court fee to the appellants in the interest of justice and equity. 4. Direct the office to draw the decree in accordance with in the interest of justice and equity. 5.Pass such other order/orders as this Hon'ble court deems fit under the facts circumstances of the case, in the interest of justice and equity." 6. The compromise petition in RFA.No.1054/2024 reads as under : 1. The appellant No. 1 is the wife of late Sri. Prakash Reddy, the appellants 2 to 4 are his children. Late Prakash Reddy purchased the land bearing No. 1 in residentially converted land in Sy. No. 16/2 situated at - 9 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 Yelenahalli Village, Beguru Hobli, Bangalore and after obtaining the necessary permissions a residential apartment came to be constructed named as "Kranthi Enclave. 2. The respondent is known to the said Prakash Reddy as his father Jayappa happened to be the friend of the said Prakash Reddy. There were some transactions between the said Prakash Reddy and the respondent resulting in the registration of a sale deed dated 22/02/2018, registered as document No.JAY-1-10752- 2017-2018, stored in CD.No.JAYD328, registered in Book No.1, registered in the office of Sub-Registrar, Jayanagar, Bangalore. Through the said sale deed the possession of the schedule property was not handed over to the respondent. Subsequently, the said Prakash Reddy sold the schedule property in favour of Trupthi U S/o Chandravathi U, through a registered sale deed dated 17/11/2021, registered in Book No. 1, and registered as document No.JAY-1-05352-2021-22, stored in CD. No. JAYD 1093, registered in the Office of Sub-registrar Jayanagar, Bangalore, and the possession of the schedule property was handed over to them. 3. Be that as it may the said Prakash Reddy issued a notice dated 10/10/2022 calling upon the respondent to execute a deed of cancellation of the said sale deed. Subsequent to the issuance of the said notice the said Prakash Reddy died leaving behind the appellants as his legal heirs to succeeded to his estate. 4. As the respondent did not comply the terms of the notice the appellants filed a suit for declaration and for injunction against the respondent in O. S. No. 209/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore. The respondent appeared and filed an application under order 7 rule 11 of CPC which came to allowed there by the suit filed by the appellants came to be rejected prompting them to file the above appeal. 5. Since, there are many inter woven facts and since the subsequent purchaser is in occupation of the suit schedule property the well-wishers of both the appellants and respondent suggested for an amicable settlement so that an absolute conferment of ownership of the suit schedule property can be bestowed upon. - 10 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 Considering the rise in prices of the properties the parties here to agree to come for a compromise and it is agreed by the appellants that they should pay an amount of Rs. 26,00,000/- (Twenty Six lakhs) to the respondent on or before February 2025 in four installments. In view of the settlement between the parties the respondent consents for the decree of the suit so that the title to the property would be reverted back to Sri. Prakash Reddy the husband of the appellant No.1 and the father of the appellants No.2 and 4. Consequently, the sale deed dated 22/02/2018 executed by late Prakash Reddy in favour of the respondent which is registered as document No.JAY- 1-10752-2017-2018, stored in CD.No.JAYD328, registered in Book No. 1, registered in the office of Sub-Registrar, Jayanagar, Bangalore is herewith cancelled and the same is held as null and void. Consequently, the respondent ratifies/confirms the sale deed executed by Prakash Reddy in favour of the said Trupthi, U, S/0 Chandravathi U, through a registered sale deed dated 17/11/2021, registered in Book No. 1,and registered as document No. JAY-1-05352-2021-22, stored in CD. No. JAYD1093, registered in the Office of Sub-registrar Jayanagar, Bangalore, Hence, the respondent ratifies and acknowledges the sale deed executed by late Sri. Prakash Reddy in favour of the above person Thrupti. U. 6. The appellants have agreed to pay the said Rs. 26,00,000 in four installments as mentioned below and have given four cheques drawn on Central Bank of India, Bannerghatta Road, Bangalore in favour of the respondent as mentioned herein below- a) Rs.7,50,000/- (Rupees Seven Lakhs Fifty thousand) through cheque bearing No 124211,, dated 15/01/2025, drawn in favour of the respondent, b) Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand) through cheque bearing No. 124212 dated 31/01/2025, drawn in favour of the respondent, Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand) through cheque bearing No. 124213 dated 15/02/2025, drawn in favour of the respondent, e) Rs. 3,50,000/- (Rupees Three Lakhs Fifty Thousand) through cheque bearing No. 124216 dated 28/02/2025, drawn in favour of the respondent, - 11 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 7. It is submitted that in view of the compromise and in view of the receipt of the money, the respondent states that he has no right, title and interest over the schedule property and that he has no claim whatsoever against the appellants or their representatives, successors, agents, assignees etc., in relation to the schedule property. The respondent acknowledges the title of the property of late Prakash Reddy and consequently acknowledges the present title of the schedule property which vests with Trupthi, U. Consequently the respondent has consented for the decree of the suit filed by the appellants in O. S. No. 209/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore and consents that she has no right, title or interest over the suit schedule property. The respondent has promised and undertaken to hand over all the original title documents pertaining to the schedule property in favour of the appellants on receiving the last payment as mentioned in this compromise petition. 8. Hence, in view of the compromise of the lis between the parties the respondent has agreed to execute the necessary deeds for the due cancellation of the sale deed. Further the respondent has agreed and undertaken to hand over all the original title deeds pertaining to the suit schedule property to the appellants on the last payment of the money as stated in this compromise petition. 9. The parties have executed this compromise petition on their own free will and volition without any force, fraud, misrepresentation and undue influence. Wherefore, the appellants and the respondent pray that this Hon'ble Court may be pleased to - 1. Accept the above compromise petition by decreeing the suit of the appellants in O.S.No.209/2023 on the file of III Additional Senior Civil Judge, Bangalore Rural District, Bangalore, by declaring that the sale deed dated 22/02/2018, registered as document No.JAY-1- 10752-2017-18, stored in CD.No.JAYD 328, registered in Book No.1, registered in the office of Sub-Registrar, Jayanagara, Bangalore, executed by the said Prakash Reddy the husband of the plaintiff, as null and void, - 12 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 2. Consequently, canceling the sale deed dated 22/02/2018, registered as document No.JAY-1-10752- 2017-18, stored in CD.No.JAYD 328, registered in Book No.1, registered in the office of Sub-Registrar, Jayanagara, Bangalore, in the interest of justice and equity, 3. Consequently direct the office to refund the court fee to the appellants in the interest of justice and equity. 4. Direct the office to draw the decree accordingly 5. And pass such other order/orders as this Hon'ble court deems fit under the facts circumstances of the case, in the interest of justice and equity." 7. The said compromise petitions are taken on record. 8. In view of the compromise petitions, these appeals are disposed of in terms of compromise entered between the parties. 9. The judgment and decree dated 20.03.2024 passed by the learned III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.208/2023 in RFA.No.1056/2024 and the judgment and decree dated 20.03.2024 passed by the learned III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.209/2023 in RFA.No.1054/2024 are hereby set aside and the same are modified. Office is directed to draw decree. - 13 - NC: 2025:KHC:17572-DB RFA No. 1056 of 2024 C/W RFA No. 1054 of 2024 10. Keeping in view the submission made by learned counsel for appellants in both the appeals, Registry is directed to refund the Court fee, which was paid before this Court, to the appellants on due identification, in accordance with law in both the appeals. 11. Consequent upon disposal of these appeals, pending I.A's if any, in both the appeals are also stands disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 16 CT: BHK