- 1 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1918 OF 2016 (SP) BETWEEN: 1. SRI. G.S. VENKATESH MURTHY AGED ABOUT 57 YEARS, S/O LATE G.K. SUBBANNA 2. SRI. G.S. NAGARAJU, S/O LATE G.K. SUBBANNA SINCE DEAD REPESENTED BY HIS LRS 2A. SMT. VASANTHALAKSHMI AGED ABOUT 60 YEARS W/O. LATE G.S. NAGARAJ @ NAGARAJA RAO G.S. 2B. SRI. G.N. KIRAN AGED ABOUT 33 YEARS S/O. LATE G.S. NAGARAJ @ NAGARAJA RAO G.S. 2C. SRI. G.N. ASHA AGED ABOUT 31 YEARS D/O. LATE G.S. NAGARAJ @ NAGARAJA RAO G.S. W/O. SRI. SRIHARSHA K.G. 3. SRI. G.S. RAMESH S/O LATE G.K. SUBBANNA SINCE DEAD REPRESENTED BY HIS LRS. 3A. SMT. B.R. SATHYAVATHI AGED ABOUT 50 YEARS W/O. LATE G.S. RAMESH Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 3B. SRI. G.R. SWAROOP AGED ABOUT 26 YEARS S/O. LATE G.S. RAMESH 3C. SRI. G.R. SRUJAN SUBRAMANYA AGED ABOUT 20 YEARS S/O. LATE G.S. RAMESH 4. SRI. G.S. SRIDHARAMURTHY S/O LATE G.K. SUBBANNA AGED 47 YEARS, ALL ARE RESIDENTS OF GALIGENAHALLI, HEBBUR HOBLI, TUMAKURU TQ. & DIST. - 572 201. …APPELLANTS (BY SRI. N.G. SREEDHAR, ADVOCATE) AND: 1. SRI. G.B. GANGARAJU S/OI BYRAPPA AGED 56 YEARS, R/O GEJJAGADAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT. 562110. …RESPONDENT (BY SRI. M.B. RYAKHA, ADVOCATE) THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2016 PASSED IN R.A.NO.84/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.09.2015 PASSED IN OS.NO.725/2007 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC., TUMAKURU. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 ORAL JUDGMENT Appellants and respondents are present. They are identified by the respective counsels. 2. Parties have filed a memorandum of compromise petition, which reads as under: MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII, RULE, 3 OF CIVIL PROCEDURE CODE, 1908. The Appellants and the Respondent, in the above case, being persuaded by their respective counsels on record and by their well-wishers, have mutually agreed to amicably settle the disputes and differences between them, which is pending adjudication in the above case, on the following terms and conditions:- 1. The Appellants hereby propose to convey it to the respondent, a portion of the suit schedule property, measuring to an extent of 0 acre-30 guntas only out of the larger extent of 2 acres-00 guntas of the agricultural dry land bearing Sy.No.5, Block No.127, of Karadigere Kaval Village, Hebbur Hobli, Tumakuru Taluk & District, which portion of the said 0 acre-30 guntas is demarcated in the sketch appended to this Compromise Petition having prepared the same by joint spot inspection in the presence of Appellants and the Respondent. The said portion in the suit schedule property is described more fully in the Schedule hereunder to this compromise petition. 2. The Respondent hereby accepts the aforesaid proposal of the Appellants to just, fair and proper and relinquishes his suit claim, under the Sale Agreemen dated. 04/01/2005, for the remaining 01 acre-10 guntas of the suit schedule property and accordingly, the Respondent asserts, in clear and unequivocal terms, that the Appellants shall continue to be the owners in possession and enjoyment of the said - 4 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 remaining extent of 01 acre-10 guntas of the suit schedule property. 3. The parties to the above appeal mutually covenant that the respondent is at liberty to secure Court Sale Deed in the proceedings under Ex. Petition No. 49/2016 pending on the file of the Hon'ble 3rd Addl. Civil Judge & JMFC, at Tumakuru, only to the extent of the portion described in the schedule to this compromise petition and that the appellants have no objections for the modification of the Judgement and Decree passed by the Hon'ble Trial Court accordingly at the hands of this Hon'ble High Court. 4. The parties to the above appeal mutually covenant that there shall be no other claims, demands, whatsoever against one another, whether monetary or otherwise, and that the amicable settlement arrived under this compromise petition is full and final in respect of the suit schedule property. 5. The Respondent hereby covenant that he has no objection whatsoever for the refund of the Court Fee in the above RSA to the appellants, and that the appellants in this regard covenant that the Court Fee be refunded to the appellant No.4 6. The appellants covenant that they have no objections for the respondent to withdraw the amount of balance sale consideration deposited by him before the Hon'ble 3rd Addl. Civil Judge & JMFC, at Tumakuru, in Ex. Pet. No. 49/2016. 7. The parties to the above appeal mutually covenant that they have entered into this compromise without there being any element of force, threat, fraud, flattery or any kind of unworthy motive from any person/s whomsoever and that they have entered into this Compromise as graced by their free will and volition. SCHEDULE (Portion Allocated to the Respondent) - 5 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 ALL THAT PIECE AND PARCEL of the portion of the Agricultural dry land bearing Sy. No.5, Block No.127, of Karadigere Kaval Village, Hebbur Hobli, Tumakuru Taluk & District, measuring 0 acre-30 guntas only (demarcated in the appended sketch), out of the larger extent of land measuring 02 acres-00 guntas, and which portion of 0 acre-30 guntas is bounded on:- East by:- Government Road and thereafter portion of remaining land in said Sy. No. 5 Block No.127 belonging to Appellants, West by:- Land bearing Sy. No. 5, Block No.128, North by:- Government Road and thereafter portion of remaining land in said Sy. No. 5 Block No. 127 belonging to Appellants South by:- Portion of remaining land in said Sy. No. 5 Block No.127 belonging to Appellants WHEREFORE, the Appellants and the Respondent humbly prays that this Hon'ble Court may be pleased to dispose of the above appeal in terms of the this Compromise Petition, by modifying the Hon'ble Trial Court's Decree accordingly, to meet the ends of Justice and Equity. 3. The contents of the compromise petition is read over and explained to the parties in Kannada language known to them. They have accepted the terms and conditions mentioned in the memorandum of compromise. 4. Compromise Petition is taken on record. 5. Appeal is disposed of in terms of compromise petition. - 6 - NC: 2025:KHC:15352 RSA No. 1918 of 2016 Office is directed to draw decree in terms of compromise petition. Office is directed to refund Court Fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act in favour of the appellants. Sd/- (ASHOK S.KINAGI) JUDGE BNV ct-sg/List No.: 1 Sl No.: 5