- 1 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 1034 OF 2015 (DEC/INJ) BETWEEN: 1. SMT RANGAMMA, W/O LATE RAMACHANDRAPPA, AGED ABOUT 73 YEARS, RESIDING AT SWAMY NILAYA, JCR EXTENSION, 3RD CROSS CHITRADURGA - 577 501. 2. SRI.R.RAMESH, S/O LATE RAMACHANDRAPPA, AGED ABOUT 57 YEARS, C/O SYNDICATE BANK, CHITRADURGA TALUK - 577 501. 3. SRI R LINGARAJU, S/O LATE RAMACHANDRAPPA, AGED ABOUT 53 YEARS, HEAD MASTER, GOVERNMENT HIGH SCHOOL, MANGALORE - 575 0001. 4. SRI.R. MANJUNATHA, S/O LATE RAMACHANDRAPPA, AGED ABOUT 51 YEARS RESIDING AT SWAMY NILAYA JCR EXTENSION,3RD CROSS CHITRADURGA - 577501. 5. SRI.R.KRISHNAMURTHY, S/O LATE RAMACHANDRAPPA, AGED ABOUT 49 YEARS, RESIDING AT CASSETTE LIBRARY, JCR EXTENSION,2ND CROSS, CHITRADURGA - 577501. 6. SMT CHALUVAMBIKA, D/O LATE RAMACHANDRAPPA, AGED ABOUT 55 YEARS Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 RESIDING AT MYSORE ROAD, KENGERI POST, BANGALORE - 560 060. …APPELLANTS (BY SRI. KRISHNA T., ADVOCATE) AND: 1. SMT.J.B. SUDHA RAO, D/O LATE.N.K.THELKAR, W/O BALAJI RAO, AGED ABOUT 77 YEARS, RESIDING AT NO. 7-2/04, DHANALAKSHMI ROAD, HINDUPUR, ANDHRA PRADESH - 515 201 2. SMT.RAKHA N.THELKAR, D/O LATE N.K.THELKAR, W/O K.RAJAN, AGED ABOUT 75 YEARS RESIDING AT SRI.VIJAYA CHETHANA, NO. 40, SRI ANGHA NIVAS, I MAIN, KOGILU ROAD, YELAHANKA, BANGALORE -560 064. 3. CHITRADURGA CITY MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, CITY MUNICIPALITY, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI.THARANATH SHETTY .K.,ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.03.2015 PASSED IN RA NO.76/2002 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M. & MACT-III CHITRADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:05.02.2002 PASSED IN O.S.NO.343/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DVN.,) CHITRADURGA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA - 3 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 ORAL JUDGMENT This appeal is filed by the legal representatives of the original defendant No.4/Dr.M.Ramachandrappa in O.S.No.343/1995. 2. Respondents are the legal representatives of the original plaintiff/Sri.N.K.Thelkar. 3. Original plaintiff has filed the suit against the defendant Nos.1 to 4, seeking declaration of title, possession of the suit property along with mandatory injunction. After trial of the suit, it came to be dismissed as per the judgment dated 05.02.2002. 4. Against the said judgment, the legal representatives of the original plaintiff have filed the appeal in R.A.No.76/2002 before the Principal Senior Civil Judge and CJM, Chitradurga, which also came to be disposed of on 18.03.2015. 5. Appellate Court has set aside the judgment of the Trial Court and decreed the suit in favour of the - 4 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 plaintiff, directing the defendant Nos.2 to 4 to demolish the building and to hand over the possession of the property to the plaintiff who is the owner of the property. 6. Aggrieved by the same the legal representatives of the defendant No.4 has filed this appeal. 7. During pendency of the appeal, the parties have settled the matter. 8. The appellant No.3/Sri.R.Lingaraju is present himself and on behalf of the remaining appellants as GPA holder. Copy of the GPA is also attached to the compromise petition. 9. Respondent Nos.1 and 2 who are the legal representatives of the original plaintiff are present. Parties are identified by their respective advocates. - 5 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 10. The joint compromise petition filed by the appellants and respondents No.1 and 2 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, reads as follows:- "1. The Appellants and the Respondents No. 1 and 2 have amicably settled their disputes involved in the above appeal with their free will and consent without any coercion or undue influence from anybody else as per the terms and conditions set out below. 2. The Respondent No. 3, Chitradurga City Municipality, in the above appeal is a formal party as the suit schedule site was allotted by it after forming a residential layout and no relief was sought against it in the suit before the Trial Court. 3. The Appellants No.1, 2 and 4 to 6 are represented by their General Power of Attorney Holder, Sri. R. Lingaraju, the Appellant No.3 here in by virtue of the General Power of Attorney dated 21-09-2023 executed by them appointing him as their Attorney inter-alia to settle the dispute involved in the above appeal and to sign this compromise petition on their behalf also. 4. The Respondents No. 1 and 2 have agreed to receive a total sum of Rs.50,00,000/-(Rupees Fifty Lakhs only) from the Appellants as full and final settlement in respect of their claim over the suit schedule property and agreed that the Appellants shall retain the suit schedule property as its absolute owners. - 6 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 5. The Appellants have on this day paid a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) to the Respondents No. 1 and 2 in the following manner:- (a) Demand Draft dated 29-01-2025 bearing No.346171 for a sum of Rs.5,00,000/- drawn on Bank of India, Service Branch, Bengaluru, in favou of Smt.J.B.Sudha Rao, Respondent. No. 1. (b) Demand Draft dated 29-01-2025 bearing No.931107 for a sum of Rs.5,00,000/-drawn on Union Bank of India, Davanagere Branch, in favour of Smt. Rekha N Telkar, Respondent No. 2. 6. It is agreed between the parties that the Appellants shall pay the balance amount of Rs.40,00,000/-(Rupees Forty Lakhs Only) with in period of Four months from today, i.e, on or before 30-05-2025, and in the event of any default, the Appellants shall pay the balance amount due with interest at rate of 12% per annum from 01-06-2025 till payment and the Respondents No.1 and 2 are at liberty to recover the same by executing the decree to be drawn in the above appeal 7. Both parties have agreed that the decree of the Hon'ble Trial Court and Hon'ble 1st Appellate Court may be modified in terms of the this compromise petition." - 7 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 11. The terms of the compromise was read over to the parties. Parties accepted the above terms and agreed that they are abide by their respective terms and conditions as per the compromise petition. 12. The legal representatives of the original plaintiff who are the respondents in this appeal, agreed to receive a sum of Rs.50,00,000/-(Rupees Fifty Lakhs Only) by giving of the suit property in favour of the legal representatives of defendant No.4. 13. Today, Demand Draft dated 29.01.2025 bearing No.346171 for a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) drawn on Bank of India, Service Branch, Bengluru in favour of Smt. J.B.Sudha Rao/respondent No.1 and Demand Draft dated 29.01.2025 bearing No.931107 for a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) drawn on Union Bank of India, Davanagere Branch, in favour of Smt.Rekha N Telkar/respondent No.2, is tendered before the Court and respondent No.1 and 2 reports - 8 - NC: 2025:KHC:4367 RSA No. 1034 of 2015 the receipt of the same. Both the parties agreed that balance amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) (Rs.20,00,000/- each in the name of respondent Nos.1 and 2) shall be paid on or before 30.05.2025, failing which 01.06.2025, the respondents are at liberty to execute the decree and recover the same from the appellants with interest at 12% per annum and also go against the suit schedule property. 14. Settlement is legal, no collusion or coercion is noticed. Hence, compromise is accepted. 15. The appeal is disposed of in terms of the compromise petition. 16. Registry shall draw decree in terms of the Compromise petition. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE BKN/List No.: 1 Sl No.: 40