- 1 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1171 OF 2014 BETWEEN: 1. 1(a) SAJJAPPA, SINCE DEAD BY HIS LRS, SMT.GANGAMMA, W/O LATE SAJJAPPA, AGED ABOUT 71 YEARS 1(b) SOWBHAGYA, D/O LATE SAJJAPPA, AGED ABOUT 41 YEARS, 1(c) VEERANNA, S/O SAJJAPPA, AGED ABOUT 39 YEARS, 1(d) RAMESH, S/O LATE SAJJAPPA, AGED ABOUT 36 YEARS, ALL ARE AGRICULTURISTS, R/AT KANCHIPURA VILLAGE, MATHODU HOBLI, HOSADURGA TALUK-577 533, CHITRADURGA DIST. …APPELLANTS [BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE] AND: 1. MALLIKARJUNAPPA, S/O RAMADASAPPA, AGED ABOUT 76 YEARS, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 2. PUTTAIAH, S/O RAMADASAPPA, AGED ABOUT 69 YEARS, 3. THIPPESWAMY, S/O RAMADASAPPA, AGED ABOUT 66 YEARS, ALL ARE AGRICULTURISTS, R/AT KANCHIPURA VILLAGE, MATHODU HOBLI, HOSADURGA TALUK-577 533, CHITRADURGA DISTRICT. …RESPONDENTS [BY SRI H. DAYANANDA SARASWATHI, ADVOCATE FOR R1 (a-c); SRI V. MANJUNATHA, ADVOCATE FOR R3; R2, R3(a) & PROPOSED R1(d) - ARE SERVED] THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.04.2014 PASSED IN R.A.NO.56/2013 ON THE FILE OF ITINERARY SENIOR CIVIL JUDGE, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.06.2013 PASSED IN O.S.NO.120/2007 ON THE FILE OF ADDL. CIVIL JUDGE & JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 3 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 ORAL JUDGMENT Challenging judgment and decree dated 26.04.2014 passed by Itinerary Senior Civil Judge, Hosadurga, in R.A.no.56/2013, this appeal is filed by plaintiff. 2. It is submitted, suit was filed for declaration of plaintiff as owner of suit schedule property and against registered Will dated 28.12.1988 and permanent injunction, etc. Suit was dismissed. In R.A.no.56/2013, judgment and decree passed by trial Court was confirmed. 3. It is submitted, during pendency of appeal, there was settlement between parties with intervention of mediation by elders and panchas resulting in partition between parties. Same are recorded in memorandum appended to this compromise petition. It is submitted, from date of settlement, parties are in possession of properties mentioned in respective schedules and therefore, submitted that appeal may be disposed of in terms of compromise. 4. Terms of compromise reads as under: "Appellants and the Respondents submit as below:- 1. The legal representatives of the plaintiffs in OS No.120/2007 on the file of the Add. Civil Judge & JMFC, - 4 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 Hosadurga are the Appellants in the above Appeal. Respondents No.1 to 3 in the above appeal are the defendants No.1 to 3 in the said suit. Original plaintiff and Defendants No.1 to 3 are full brothers being the sons of Ramadasappa. 2. Plaintiff filed OS No.120/2007 for a declaration that, plaintiff is the owner of the suit schedule properties in pursuance to an unregistered Partition Deed dated 10/05/1984 entered into between the plaintiff and the Defendants and for a declaration that, the Registered WILL dated 28/12/1998 said to have been executed by the mother of the plaintiff and Defendants is a sham and bogus document and the same is void. Plaintiff also sought for consequential permanent injunction. 3. The Trial Court dismissed the suit by the Judgment dated 18/06/2013 and the Itinerary Senior Civil Judge at Hosdurga dismissed RA No.56/2013 filed by the Appellants, by the Judgment dated 26/04/2014. Being aggrieved, the legal representatives of plaintiffs have filed the above Regular Second Appeal. 4. During the pendency of the above appeal, the subject matter of suit was amicably settled between the Appellants and Respondents through the intervention and mediation by the elders and the panchas. A partition was effected between the Appellants and Respondents. Said partition effected between Appellants and the Respondents in the presence of Panchas was later recorded and reduced in writing. The Appellants and the Respondents have got reduced the particulars of the lands allotted to each of the parties in the said - 5 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 Memorandum of Partition dated 03/06/2023. Said document is enclosed along with this Compromise Petition. 5. Appellants and the Respondents have agreed to register the said Memorandum of Partition after the disposal of the above appeal by this Hon'ble Court. WHEREFORE, It is prayed that this Hon'ble Court be pleased to:- (a) Set-aside the Judgement and Decree in OS No.120/2007 on the file of the Add. Civil Judge & JMFC, Hosadurga & Judgement and Decree dated 26/04/2014 in RA No.56/2013 on the file of the Itinerary Senior Civil Judge at Hosadurga. (b) Please to pass a Judgment and Decree in substitution of the Judgment and Decree of the Trial and the First Appellate Courts recording the partition effected between the Appellants and the Respondents as per the Memorandum of Partition/Palu Vibhaga Patra dated 03/06/2023 copy of which is enclosed along with Compromise Petition, in the interest of justice." 5. Parties are present and identified by their respective counsel. On interaction, they stated, terms of compromise have been explained to them and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion and/or undue influence from anyone. - 6 - NC: 2025:KHC:15284 RSA No. 1171 of 2014 6. I have perused terms of settlement and same are found to be lawful. Compromise petition is taken on record. Appeal is allowed in terms of and to extent of compromise petition, judgment and decree of both Courts are modified accordingly. 7. Registry to draw decree incorporating terms of compromise. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 35