- 1 - NC: 2025:KHC:8877 RSA No. 1074 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 1074 OF 2024 (PAR-) BETWEEN: 1. SMT. PUTTAGOWRAMMA W/O SWAMY GOWDA, AGED ABOUT 76 YEARS, R/AT KADALU VILLAGE, KUNDUR HOBLI, ALUR TALUK - 573 213. HASSAN DISTRICT. …APPELLANT (BY SMT. AISHWARYA, ADVOCATE FOR SRI. GURURAJ. R., ADVOCATE) AND: 1. SRI. MANJEGOWDA S/O. SWAMYGOWDA, AGED ABOUT 42 YEARS, R/AT KADALU VILLAGE AND POST, KUNDUR HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 213. 2. SMT. BHAGYA D/O. SWAMYGOWDA, AGED ABOUT 43 YEARS, R/AT KADALU VILLAGE AND POST, Digitally signed by VEDAVATHI A K Location: High Court Of Karnatka - 2 - NC: 2025:KHC:8877 RSA No. 1074 of 2024 KUNDUR HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 213. 3. SMT. LATHAMANI D/O. SWAMYGOWDA, AGED ABOUT 39 YEARS, R/AT KADALU VILLAGE AND POST, KUNDUR HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 213. 4. SRI. SWAMY GOWDA S/O LATE NINGE GOWDA (SINCE DEAD AND R1, 2, 3 ARE LEGAL HEIRS AND ON RECORD MEMO TAKEN ON RECORD AS PER ORDER DATED:28.02.2025.) …RESPONDENTS (BY SRI. YADUNANDAN N., ADVOCATE FOR R1; SRI. SANTHOSH R. NELKUDLI, ADVOCATE FOR R3; V/O DATED:28.02.2025, R1, 2 & 3 ARE LR'S OF R4) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:6.04.2024 PASSED IN RA NO.19/2022 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, HASSAN., ALLOWING THE APPEAL AND SETTING ASIDE AND MODIFYING THE JUDGMENT AND DECREE DATED:24.11.2018 PASSED IN OS NO.122/2008 ON THE FILE OF CIVIL JUDGE, ALUR,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:8877 RSA No. 1074 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed by the defendant No.2 under Section 100 of CPC by challenging the judgment and decree passed by the Civil Judge, Alur, in O.S.No.122/2008 for having decreed the suit of respondent Nos.1 to 3 and granting 1/5th share. Later it was modified by the First Appellate Court in R.A.No.19/2022 dated 06.04.2024 as 1/4th share each and not granting any share to the appellant. Being aggrieved by the same, the appellant filed this second appeal. 2. The appellant was defendant No.1 and the respondents were plaintiff before the Trial Court. The ranks of the parties are retained for the sake convenience. During the pendency of the appeal, the respondent No.4 died who was defendant No.1 in the Trial Court who is the husband of the present appellant. 3. During the pendency of the appeal, the appellant as well as respondent Nos.1 to 3 filed joint compromise application under Order 23 Rule 3 of CPC, contending that after death of the father of the respondent Nos.1 to 3 and husband of appellant No.1, they have resolved the dispute and decided to share 1/4th share each in the schedule property of item No.1. This appeal is filed with respect - 4 - NC: 2025:KHC:8877 RSA No. 1074 of 2024 to item No.1. Though there is no share granted by the First Appellate Court, as she is wife of defendant No.1 who is the prepositors of the family and the plaintiffs who are the children are entitled for 1/4th share each and defendant No.1 is entitled for 1/4th share. In fact, after the death of defendant No.1, her husband, the appellant is entitled for 1/4th of 1/4th share of her husband. However, in view of the compromise, the parties decided to equally divide for 1/4th share each, in the schedule items. All the parties the appellant as well as respondent Nos.1 to 3 are present before the court and submits that they are ready to take 1/4th share, each. 4. The submission of learned counsel for both parties are placed on record. 5. In view of the compromise, the appeal is disposed of. The appellant and the respondents are entitled for 1/4th share each in the suit, item No.1 of the schedule property. Draw decree Accordingly., Sd/- (K.NATARAJAN) JUDGE AKV List No.: 4 Sl No.: 1 CT:DM