- 1 - NC: 2025:KHC:1050-DB RFA No. 1903 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1903 OF 2022 (PAR) BETWEEN: 1. SRI. SRINIVASAIAH T.P. S/O LATE PUTTAIAH AGE ABOUT 90 YEARS SINCE DIED, REP. BY LR'S APPELLANT No.2 TO 4 2. SMT. TANUJA T.S. D/O SRINIVASAIAH AGED ABOUT 60 YEARS 3. SRI. GIRISH T.S. S/O SRINIVASAIAH AGED ABOUT 56 YEARS 4. SMT. ANITHA T.S. D/O SRINIVASAIAH AGED ABOUT 52 YEARS APPELLANTS No.1 TO 4 ARE R/O. TAVAREKERE THYAMAGONDLU HOBLI NELAMANGALA TALUK BENGALURU DISTRICT 5. SMT. VIDYA T.K. D/O LATE T.P. KRISHNAMURTHY AGED ABOUT 57 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1050-DB RFA No. 1903 of 2022 6. SRI. ANILA T.K. S/O LATE T.P. KRISHNAMURTHY AGED ABOUT 55 YEARS 7. SMT. SUNITHA T.K. D/O LATE T.P. KRISHNAMURTHY AGED ABOUT 53 YEARS 8. SRI. NAVEEN T.K. S/O LATE T.P. KRISHNAMURTHY AGED ABOUT 51 YEARS APPELLANTS No.5 TO 8 ARE R/AT No.11/3, 12TH CROSS CUBBONPET BENGALURU-560 002 …APPELLANTS (BY SRI. C.M. NAGABUSHANA, ADVOCATE) AND: 1. SRI. MUNIYAPPA S/O LATE NANJA @ NANJAPPA AGED ABOUT 74 YEARS 2. SRI. MOHAN KUMAR S/O MUNIYAPPA AGED ABOUT 37 YEARS 3. MISS. KAVITHA D/O MUNIYAPPA AGED ABOUT 39 YEARS 4. SMT. GANGAMMA D/O LATE NANJA @ NANJAPPA AGED ABOUT 84 YEARS RESPONDENTS No.1 TO 4 ARE R/AT No.30, 6TH CROSS VINAYAKANAGAR OLD GUDDADAHALLI MYSURU ROAD - 3 - NC: 2025:KHC:1050-DB RFA No. 1903 of 2022 BENGALURU-560 026 …RESPONDENTS (BY SRI. VISWANATH SABARAD, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.08.2022 PASSED IN OS No.695/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The memo filed by the learned counsel for the appellants states that appellant No.1 died on 18.06.2023 and appellants No.2 to 4 are the legal heirs. 2. Memo is placed on record. - 4 - NC: 2025:KHC:1050-DB RFA No. 1903 of 2022 3. The amendment which is carried out is also recorded. 4. Sri. Viswanath Sabarad, learned counsel appears for respondents No.1 to 4 have filed the vakalath. 5. Compromise petition have been placed on record, wherein the parties have agreed to compromise the matter and have affix their signatures to the petition for compromise. 6. The compromise petition is taken on record. 7. The appeal is disposed of in terms of the compromise petition and the judgment and decree dated 10.08.2022 in O.S. No.695/2013 on the file of the Senior Civil Judge, Nelamangala, is modified accordingly. 8. It is recorded that the demand draft in terms of the settlement is handed over today by the appellants and that the same is duly received by the respondents. The judgment and decree dated 10.08.2022 passed by the - 5 - NC: 2025:KHC:1050-DB RFA No. 1903 of 2022 Senior Civil Judge, Nelamangala in O.S No.695/2013 shall stand set aside and *the appeal stands allowed in terms of the compromise entered into between the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK, List No.: 3 Sl No.: 10 * Corrected V.C.O. dated 29.01.2025