- 1 - HC-KAR NC: 2025:KHC:21517-DB RFA No. 1424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 1424 OF 2025 (SP) BETWEEN: SRI SHANKAR N. S/O LATE NARAYANAPPA AGED ABOUT 51 YEARS RESIDING AT BOVI PALYA VILLAGE NAVARATHNA AGRAHARA JALA HOBLI BENGALURU NORTH TALUK-562 149 …APPELLANT (BY SRI. BHADRI R. @ BHADRINATH R., ADVOCATE) AND: 1. SRI. NARAYANASWAMY S/O LATE VENKATAPPA AGED ABOUT 51 YEARS RESIDING AT No.18/9 23RD CROSS, GOVINDARAJANAGAR CORPORATION COLONY BENGALURU-560 079 2. SRI. PRAKASH S/O LATE VENKATAPPA AGED ABOUT 43 YEARS R/AT NAVARATHNA AGRAHARA VILLAGE BOVI PALYA, SADAHALLI POST CHIKKAJALA HOBLI BENGALURU NORTH TALUK BENGALURU-560 057 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21517-DB RFA No. 1424 of 2025 3. SMT. PARVATHAMMA D/O LATE VENKATAPPA W/O LATE MUNIYAPPA AGED ABOUT 45 YEARS RESIDING AT No.1800 23RD CROSS, GOVINDARAJA NAGAR VIJAYANAGAR, BENGALURU-560 040 RESPONDENTS No.1 TO 3 ARE ALSO RESIDING AT KALLANAPURA VILLAGE SOLUR HOBLI, MAGADI TALUK-562 120 RAMANAGARA DISTRICT 4. SMT. BHAGYA D/O LATE KRISHNAPPA W/O SHIVANNA AGED ABOUT 37 YEARS RESIDING AT No.676, 3RD MAIN 6TH CROSS, NEAR AYYAPPA TEMPLE RANGANATHAPURA, KAMAKSHIPALYA BENGALURU-560 040 ALSO RESIDING AT No.7/6 SOLLAPURADAMMA TEMPLE THIGALARA COLONY ROAD PEENYA SMALL INDUSTRIAL AREA BENGALURU-560 058 5. SMT. PADMA D/O LATE KRISHNAPPA W/O KAMASALU RAMANJINICHARI AGED ABOUT 33 YEARS R/AT MUDDIREDDYAPPLI VILLAGE HINDUPUR ANANTHAPURA DISTRICT-515 201 ANDHRA PRADESH ALSO RESIDING AT No.7/6 SOLLAPURADAMMA TEMPLE THIGALARA COLONY ROAD PEENYA SMALL INDUSTRIAL AREA BENGALURU-560 058 - 3 - HC-KAR NC: 2025:KHC:21517-DB RFA No. 1424 of 2025 6. SRI. LOKESH K. S/O LATE KRISHNAPPA AGED ABOUT 29 YEARS RESIDING AT No.7/6 SOLLAPURADAMMA TEMPLE THIGALARA COLONY ROAD PEENYA SMALL INDUSTRIAL AREA BENGALURU-560 058 …RESPONDENTS (BY SRI. RAMESH KUMAR, ADVOCATE FOR C/R1, R3 TO R6; NOTICE TO R2 IS DISPENSE WITH V.O.DATED 20.06.2025) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2025 PASSED IN OS.No.54/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that the parties have entered into a settlement and that a compromise petition recording the terms of the compromise has been filed before this Court. The plaintiff as well as the defendants in the suit except, defendant - 4 - HC-KAR NC: 2025:KHC:21517-DB RFA No. 1424 of 2025 No.2 who is respondent No.2 herein, are present before the Court. It is submitted that defendant No.2 was placed ex-parte before the trial Court and has not entered appearance before this Court as well. They submitted their no objection to the compromise as stated in the compromise petition. 2. The compromise petition is taken on record. The appeal is decreed in terms of the compromise. Decree shall be drawn up accordingly. The share of defendant No.2/respondent No.2, who remained ex-parte before the Trial Court, shall be deposited before that Court to enable defendant No.2 to withdraw the same on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 14