- 1 - NC: 2025:KHC:17681 RFA No. 298 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO.298 OF 2019 (DEC) BETWEEN: 1. SRI K.R. NARAYANA REDDY S/O C.B. RAMA REDDY AGED ABOUT 72 YEARS R/AT NO.52, NEAR ANGANWADI SCHOOL NEXT TO MUKTHA MEDICALS CHOLANAYAKANAHALLI MAIN ROAD R.T. NAGAR POST BENGALURU-560 032. 2. SRI. HARISH N. REDDY S/O K.R. NARAYANA REDDY AGED ABOUT 43 YEARS R/AT NO.52, NEAR ANGANWADI SCHOOL NEXT TO MUKTHA MEDICALS CHOLANAYAKANAHALLI MAIN ROAD R.T. NAGAR POST BENGALURU-560 032. 3. N. ANITHA D/O K.R. NARAYANA REDDY AGED ABOUT 45 YEARS R/AT NO.T-3, 10/1 SHRILAKSHMI NIVAS, 4TH CROSS VISWESWARAIAH LAYOUT CHOLANAYAKANAHALLI BENGALURU-560 032. …APPELLANTS (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17681 RFA No. 298 of 2019 AND: 1. SRI. M. CHIDANANDA REDDY S/O LATE C. NANJAPPA REDDY AGED ABOUT 63 YEARS R/AT NO.23, 3RD CROSS CHIDANANDA REDDY LAYOUT NEAR VINAYAKA VENKATESHWARA TEMPLE CHOLANAYAKANAHALLI BENGALURU-560 032. …RESPONDENT (BY SRI MOHAMED NASIRUDDIN, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.01.2019 PASSED IN O.S.NO.344/2015 PASSED IN THE COURT OF THE HON'BLE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH NO.43) AND TO ALLOW THIS APPEAL AND TO GRANT SUCH OTHER SUITABLE RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE AND IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:17681 RFA No. 298 of 2019 ORAL JUDGMENT The respondent herein filed O.S.No.344/2015 on the file of XLII Addl. City Civil and Sessions Judge, Bengaluru with a prayer for declaration, possession and injunction in respect of suit schedule property, against the appellants herein. The trial Court decreed the suit and has passed the following order: "ORDER Suit of the plaintiff is decreed with costs. It is hereby declared that plaintiff is the absolute owner of Item Nos.1 and 2 of the suit schedule properties. The defendants 1 to 3 are hereby directed to demolish illegal construction put up by them over Item Nos.1 and 2 of the suit schedule properties at their cost and vacate and hand over vacant possession of the Item Nos.1 and 2 of the suit schedule properties to the plaintiff within 3 months from the date of the decree. Further, the defendants 1 to 3, their agents, servants, etc., are hereby permanently restrained from interfering with plaintiff' peaceful possession and enjoyment of the suit schedule properties. Draw decree accordingly." - 4 - NC: 2025:KHC:17681 RFA No. 298 of 2019 2. The aforementioned judgment and decree has been challenged by the defendants in the present appeal. 3. In the course of the proceedings, the appellants and respondent have entered into a compromise and have filed a compromise petition dated 29.04.2025. The terms of the compromise are as follows: "The Appellants No.1 to 3 and Respondent above-named submit as follows: 1. The Appellants No.1 to 3 filed the above appeal being highly aggrieved by the Judgment and Decree dated 28.01.2019 in O.S.No.344/2015 passed in the court of the Hon'ble XLII Additional City Civil and Session Judge at Bengaluru City (CCH No.43). Now, pending consideration of the above appeal at the intervention of well-wishers and friends, Appellants No.1 to 3 and Respondent have amicably settled their dispute. In view of the settlement arise between the parties, the parties have entered into the present Compromise Petition, which is as follows: 2. The Respondent/Plaintiff under this compromise petition covenants and affirm that the Appellants No.1 to 3/Defendants are the absolute owners in - 5 - NC: 2025:KHC:17681 RFA No. 298 of 2019 respect of Item No.1 and Item No.2 suit schedule properties and further the Respondent/Plaintiff under this compromise petition relinquishes whatsoever, right, title and interest on the Item No.1 and Item No.2 suit schedule properties. a. In view of parties entered into this compromise in respect of Item No.1 and Item No.2 suit schedule properties and Respondent/Plaintiff relinquish his rights in the above manner, the judgment and decree dated 28.01.2019 in O.S.No.344/2015 passed in the court of the Hon'ble XLII Additional City Civil and Session Judge at Bengaluru City (CCH No.43) is unenforceable. b. Further in view of the parties entered into this compromise, the Appellants/Defendants hereby agree to withdraw Criminal cases pending in C.C ΝΟ.10287/2018 and C.C.No.15461/2018, C.C.No.29217/2017 pending before VIII Addl. Chief Metropolitan Magistrate at Bangalore, And have no objection to seek compound the offences in Criminal Petition Nos.4363/2018, No.6588/2018 No.6591/2018 and No.6589/2018 pending before Hon'ble High Court of Karnataka filed by the Respondent and others. - 6 - NC: 2025:KHC:17681 RFA No. 298 of 2019 c. The parties have agreed upon the terms of this compromise voluntarily after availing legal advice from their respective Counsels. The parties shall have no further claim against each other in any manner. d. The parties assured to abide by the terms of the compromise and bear their respective costs. WHEREFORE, it is jointly prayed by the Appellants No.1 to 3 and the Respondent that this Hon'ble Court may be pleased to dispose of the above appeal in terms of this compromise petition." 4. The appellants and respondent are present before the Court and are duly identified by their respective advocates and together they submit that they have agreed for the terms of the compromise and pray that a decree be passed in those terms. 5. The appeal is disposed of in terms of the compromise insofar as it relates to the dispute between appellants and respondent in respect of the suit schedule property. In respect of the criminal cases mentioned in the - 7 - NC: 2025:KHC:17681 RFA No. 298 of 2019 compromise, the parties are at liberty to work out their remedies in accordance with law. 6. Direction is issued to the concerned to draw a decree accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 6