- 1 - NC: 2025:KHC:16766 RFA No. 853 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 853 OF 2021 (INJ) BETWEEN: 1. PRAVEEN (FULL AND CORRECT NAME M.C.PRAVEEN) S/O LATE CHANDRA SHEKHAR SHETTY AGED ABOUT 35 YEARS R/AT NO.1-34, BAZAAR STREET PENUMURU, CHITTOOR ANDHRA PRADESH-571 216. REP. BY HIS POWER OF ATTORNEY HOLDER SRI. V.REDDY RAJA REDDY S/O LATE V.KRISHNA REDDY AGED ABOUT 45 YEARS R/OF NO.10, 4TH CROSS BSK III STAGE, BENGALURU-560 085. …APPELLANT (BY SRI. VASANTH MADHAVA S., ADVOCATE) AND: 1. SMT. N.MADHAVI W/O N.JAYACHANDRA REDDY AGED ABOUT 46 YEARS RESIDING AT NO.4076 "SHILPA SHREE NILAYA", 9TH CROSS 11TH MAIN, 2ND STAGE SHANKAR MUTT Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16766 RFA No. 853 of 2021 MAHALAKSHMIPURAM BENGALURU-560 086. 2. MRS. AROGYA MARY D/O LATE PUTTARAJU AND SUSAMMA W/O ANILKUMAR AGED ABOUT 44 YEARS R/AT NO.22/5, 6TH CROSS ROAD KULLAPPA CIRCLE, KALYANNAGAR POST KAMMANAHALI, BENGALURU-560 094. 3. ANIL KUMAR S/O LATE RAMALINGAIAH GOWDA AGED ABOUT 45 YEARS, RESIDING AT NO.22/5, 6TH CROSS ROAD KULLAPPA CIRCLE, KALYANNAGAR POST KAMMANAHALI, BENGALURU-560 094. …RESPONDENTS (BY SRI. M.MADHUSUDAN FOR SRI.VISWANATHA SHETTY V., ADVOCATES FOR R1; VIDE ORDER DATED 24.04.2025, R2 & R3 ARE DELETED) THIS RFA FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.04.2021 PASSED IN O.S.NO.1917/2017 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:16766 RFA No. 853 of 2021 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT Aggrieved by the order passed in O.S.No.1917/2017 on the file of VIII Additional City Civil and Sessions Judge, Bengaluru, dated 21.04.2021, the present appeal is filed by defendant No.3 therein. 2. For the sake of convenience, parties are referred to as per their status before the trial Court. 3. The plaintiff filed O.S.No.1917/2017 with the following prayers in respect of the suit schedule properties: "WHEREFORE, the plaintiff above named humbly prays that this Hon'ble Court may be pleased to pass a judgment and decree against the defendant: a) Restrain the defendants from interfering with the plaintiff's peaceful, lawful, physical possession and enjoyment of the 'A' & 'B' schedule properties either by themselves or their family members, G.P.A. holders, agents, supporters, henchmen or any other person/s claiming any right under or through them by granting permanent injunction, b) Restrain the defendants from causing any damage to the compound wall or pre fabricated powder coated sheets existing over the 'A' & 'B' schedule properties either by themselves or their family members, G.P.A. holders, agents, supporters, - 4 - NC: 2025:KHC:16766 RFA No. 853 of 2021 henchmen or any other person/s claiming any right under or through them by granting permanent injunction, c) Direct the defendants to pay the cost of the suit, d) Grant such other relief/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity." 4. After the trial, the trial Court has passed the following: "ORDER Suit of the plaintiff is decreed with cost. The defendants are permanently restrained from interfering with the plaintiff's possession over the suit 'A' and 'B' schedule properties. The defendants are permanently restrained from causing any damage to the compound or prefabricated powder coated sheets existing over the 'A' and 'B' schedule properties. Draw decree accordingly." 5. Aggrieved the same, the present appeal is preferred by defendant No.3 alone. 6. During the course of proceedings, defendant No.3/appellant has deleted defendant Nos.1 and 2/respondent Nos.2 and 3 herein from the array of parties. - 5 - NC: 2025:KHC:16766 RFA No. 853 of 2021 7. During the course of the proceedings, the parties have arrived at a compromise and have filed a compromise petition dated 24.04.2025. The same is taken on record. 8. Defendant No.3/appellant and the plaintiff/respondent No.1 are present before the Court and are duly identified by their respective advocates. Parties prayed that the appeal may be decreed in terms of the compromise. 9. As per the terms of compromise, defendant No.3/appellant has acknowledged receipt of sum of Rs.25,00,000/- from the plaintiff/respondent No.1 as full and final settlement for giving up all his claims in respect of the suit schedule properties in favour of plaintiff/respondent No.1. He has also undertaken to withdraw O.S.No.846/2024 which he has filed against several defendants including the plaintiff/respondent No.1 herein. 10. Taking into consideration the compromise petition filed by the parties concerned, the appeal is hereby dismissed and the impugned judgment and decree passed by the trial Court is upheld. - 6 - NC: 2025:KHC:16766 RFA No. 853 of 2021 In view of dismissal of main appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 4