- 1 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1245 OF 2023 (RES) BETWEEN: 1. SRI N NARAYANAPPA S/O. LATE NANJUNADAPPA, AGED ABOUT 78 YEARS, R/AT NADAVATHI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114 SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVE 1(A) MR. NANJAPPA S/O LATE NANJUNDAPPA AGED ABOUT 75 YEARS R/AT NADAVATHI VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. .....APPELLANT [BY SRI. R SHASHI KUMAR, ADVOCATE FOR 1(A)] AND: 1. SMT MUTHAMMA W/O RAJAPPA, AGED ABOUT 60 YEARS 2. SRI. R .GIRISH S/O RAJAPPA, AGED ABOUT 34 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 3. SRI. R MOHAN S/O RAJAPPA, AGED ABOUT 31 YEARS RESPONDENT Nos. 1 TO 3 ARE RESIDING AT NADAVATHI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. …RESPONDENTS (BY SRI. R.K. THONTADHARYA & SRI. AJIT P B., ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.04.2023 PASSED IN RA NO.39/2020 ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALRU DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 15.03.2018 PASSED IN OS NO.100/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Appellant No.1(a) and respondents No.1 to 3 are present before the Court and they are identified by their respective learned counsel. - 3 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 2. The appellant No.1(a) and respondents No.1 to 3 filed a compromise petition, which reads as follows: “COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE The appellant No.1 (a) and the Respondents herein respectfully submit as follows: 1. It is submitted that the Appellant/Plaintiff had filed the suit in O.S. No. 100/2010 against the Respondents/Defendants No.1 to 3, on the file of the Principal Civil Judge and JMFC at Hosakote, seeking specific performance of the Reconveyance Agreement dated 8.7.1999 and to declare that the Gift Deed executed by the 1st Respondent in favour of the 2nd and 3rd Respondents are not binding on the Appellant/Plaintiff. 2. It is submitted that after completion of trial, the Hon'ble Trial Court, vide judgment and decree dated 15.03.2018, was pleased to dismiss the suit with cost. Aggrieved by the said Judgment and Decree, the Appellant/Plaintiff preferred the Regular Appeal in RA No.39/2020, before IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. The 4th Respondent was impleaded in the said appeal as Party Respondent. The Appeal in RA No.39/2020 was dismissed on 06.04.2023. 3. It is submitted that the Appellant/Plaintiff has preferred the above Regular Second Appeal before this Hon'ble Court, challenging the Judgment and Decree dated 15.03.2018 in O.S.No. 100/2010 and the judgement and decree dated 06.04.2023 in R.A. No.39/2020 passed by the Hon'ble 1st Appellate Court. 4. It is submitted that during the pendency of the Appeal, the Appellant/Plaintiff breathed his last on 13.10.2024. The Appellant/Plaintiff died as a bachelor and he has no other legal heirs except the Appellant No.1 (a). After the demise of the - 4 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 Appellant, the Appellant No.1 (a) transposed himself from the rank of the 4th Respondent as the legal heir of the Appellant. 5. It is submitted that at the intervention of the well wishers & friends the Appellant No.1 (a) & the Respondents No.1 to 3 have agreed to put in quietus to all disputes and have agreed to settle the dispute in the following terms and conditions: a. That the Respondents No.1 to 3 have agreed to pay a sum of Rs. 30,00,000/- (Rupees Thirty Lakhs only) to the Appellant No.1 (a) [legal representative of the Appellant] in the full and final settlement all his claims over the suit schedule property, including the claim under the Reconveyance Agreement dated 08.10.1998. b. That the Appellant No 1 (a) (legal heir of the Appellant) has agreed to receive aforesaid sum of Rs.30.00.000/ (Rupees Thirty Lakhs only) in the full and final settlement of the Appellant's claim against the Respondents No.1 to 3 and over the suit schedule property, including the claim under the Reconveyance Agreement dated 08.10.1998 in favour of the Appellant. c. That the Appellant No.1 (a) has agreed to give up all his claim over the Schedule Property or against the Respondent No.1 to 3, either as the legal heir of the Appellant or otherwise. d. That the Respondents No.1 to 3 have paid the aforesaid amount of Rs.30,00,000/- (Rupees Thirty Lakhs only) to the Appellant No.1 (a) [legal representative of the Appellant] in the following manner: • Rs.15,00,000/- [Rupees Fifteen Lakh only] by way of Cheque dated 26/04/2025, bearing No.558415, drawn on the State Bank of India, Air Cargo Complex Branch, Bangalore, • Rs.15,00,000/- [Rupees Fifteen Lakh only] by way of Cheque dated 26/05/2025, - 5 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 bearing No.558416, drawn on the State Bank of India, Air Cargo Complex Branch, Bangalore. e. That the Appellant No.1 (a) [as the legal representative of the Appellant), hereby acknowledge the receipt of the aforesaid amount in full and final settlement of the Appellant's claim against the Respondents No.1 to 3 and on the suit schedule property subject to encashment of the aforesaid cheques. f. That in the event the above cheques are not honoured, the Appellant No. 1 (a) has the liberty to recall the Compromise and to proceed in the above case as per the law. g. That the Appellant. No.1 (a) hereby agrees and declares that he is the only legal representative of the Appellant and except him no other person is entitled to represent the estate of the Appellant h. That the Appellant No.1 (a) hereby accepts the 2nd and 3rd Respondents' ownership to the suit schedule property and the subsequent Release Deed dated 26.08.2021 by the 2nd Respondent in favour of 3rd Respondent and hereby declare that the Respondents No.5 shall be entitled to possess and enjoy the suit schedule property without any interruption or claim by the Appellant No.1 (a) or any persons claiming under the Appellant. i. That the Appellant No.1 (a) and the Respondents No.1 to 3 hereby agree and declare that they have no claim whatsoever against each other in future. j. That the Parties herein declare and affirm that they have accepted the terms of this Compromise Petition on their own volition without any duress and coercion. - 6 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 SCHEDULE PROPORTY All the piece and parcel of the land bearing Sy.No.178, measuring 1 Acre, situated at Nadavathi Village, Kasaba Hobli, Hosakote Taluk. Bengaluru Rural and bounded on: East By: Remaining land in the same Survey Number and Road West By: Land belongs to Narayanappa, North By: Land of Nanjappa and Muniyappa. South: Remaining Land in same Survey Number. Wherefore the Appellant No.1 (a) and the Respondents No.1 to 3 herein respectfully pray that this Hon'ble Court may be pleased to dispose of the above RSA in terms of the above Compromise to serve the interest of justice and equity.” 3. The contents of the compromise petition are read over and explained to the parties in the Kannada Language known to them. They have accepted the terms and conditions of the compromise petition, and accordingly, prays to dispose of the appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. The appeal is disposed of in terms of the compromise petition. - 7 - NC: 2025:KHC:17344 RSA No. 1245 of 2023 The Office is directed to draw a decree in terms of the compromise petition. Sd/- (ASHOK S.KINAGI) JUDGE BVK