- 1 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH RFA NO. 55 OF 2020 (DEC/POS) BETWEEN: MR K W CHANGAPPA S/O. LATE MR. KONGETIRA P UTHAIAH AGED ABOUT 79 YEARS CHETTALLI VILLAGE AND POST SOMWARPETE TALUK KODAGU DISTRICT – 571 236 …APPELLANT (BY SRI. DEVAIAH I S., ADV.) AND: 1. MR K P PONNAPPA S/O. LATE K. P. POOVAIAH AGED ABOUT 37 YEARS PUSHIA ESTATE CHERALASRIMANGALA VILLAGE CHETTALLI VILLAGE AND POST SOMWARPETE TALUK KODAGU DISTRICT – 571 236 2. SMT. K. P. LAXMI D/O. LATE K. P. POOVAIAH AGED ABOUT 35 YEARS FLAT NO. 5083 SOBHA IRES APARTMENTS DEVARABISANAHALLI ARCH OUTER RING ROAD BENGALURU-560 102 …RESPONDENTS (BY SRI.S.N.PRASHANTH CHANDRA, ADV. FOR R1 AND R2) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.08.2019 PASSED IN O.S.NO.41/2019 (OLD OS.NO.16/2011) ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMAWARPETE, DECREEING THE SUIT FOR DECLARATION AND POSSESSION. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT 1. Heard Shri Devaiah I.S., learned counsel for the appellant and Shri S.N. Prashanth Chandra, learned counsel for the respondents. 2. This Regular First Appeal is filed under section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.08.2019 passed in O.S.No.41/2019 (old O.S.No.16/2011) on the file of the Senior Civil Judge, Somawarpete, decreeing the suit for declaration and possession. 3. During the pendency of the appeal, both learned counsels submit that the parties have settled the dispute amicably and filed a memorandum of compromise petition dated 18.06.2025 under Order 23 Rule 3 of Code of Civil Procedure. - 3 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 4. The compromise petition is duly signed by the appellant, the respondent No.1 and their respective counsels. Paragraph No.3 of the compromise petition reads thus: 3. During the pendency of the appeal the parties have amicably resolved their dispute as follows. a. That there is footpath exiting since very long time abutting to the southern boundary of the properties in Sy.No.137/2 and Sy.No.136/2 of Cherala Village and also abutting to the northern boundary of the properties in Sy.No.137/1 and 136/1 of Cherala Village. The defendant/appellant herein agreed to surrender the land which is to the south of the said footpath, which was handed over to the defendant/appellant herein by the father of the plaintiffs/respondents herein, which is developed into an Arabica Coffee Plantation to the plaintiffs/respondents herein as is where is condition. b. The defendant/appellant herein has surrendered the possession of the said Arabica Coffee plantation situated to the south of the aforesaid footpath mentioned above in as is where is condition to the GPA holder of the plaintiffs/respondents herein on 06.01.2025 and the GPA holder of the plaintiffs/respondents herein has already put up a barbed wire fencing upon taking possession of the above said portion of the Arabica Coffee Plantation in as is where is condition. - 4 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 c. The boundaries of the above said portion of Arabica Coffee plantation handed over to the plaintiffs/respondents herein by the defendant/appellant herein are: East: By Sy.Nos. 13 and 135 of Cherala Village, West: By Sy.No.238 of Cherala Village, North: By the footpath and thereafter the remaining portion of the Arabica Coffee Plantation of the defendant/appellant herein. South: By the portion of the coffee plantation of the plaintiffs/respondents herein. d. Thereby the properties of the plaintiffs/respondents herein in Sy.Nos.136/1 and 137/1, both of Cherala Village in present Kushalnagar Taluk, Kodagu District are separated from the Arabica Coffee Plantation of the defendant/appellant herein Sy.Nos. 136/2 and 137/2, both of Cherala Village, presently Kushalnagara Taluk, Kodagu District. e. The defendant/appellant hereby states/declares that he does not have any kind of right, claim, interest or possession over the properties of the plaintiffs/respondents herein in Sy.Nos.136/1 and 137/1, both of Cherala Village, presently Kushalnagara Taluk, Kodagu District. - 5 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 f. The plaintiffs/respondents hereby state/declare that they do not have any kind of right, claim, interest or possession over the properties of the defendant/appellant herein in Sy.Nos.136/2 and 137/2, both of Cherala Village, presently Kushalnagara Taluk, Kodagu District. g. The revenue and survey records shall be maintained as per the possession of the Sy. Nos.136/1 and 137/1, both Cherala Village by the plaintiffs/respondents herein. h. The revenue and survey records shall be maintained as per the possession of the Sy. Nos. 136/2 and 137/2, both Cherala Village by the defendant/appellant herein. i. The dispute between the parties has been amicably resolved and there is no force, fraud in arriving at this memorandum of settlement. j. The judgment and decree passed in O.S.No.41/2019 by the Hon’ble Senior Civil Judge and JMFC, Somwarpet be modified in terms of this compromise arrived between the appellant and the respondents herein. k. The parties have agreed to bear their respective costs. 5. Having considered the submissions of the learned counsel for the respective parties and also the averments of the - 6 - HC-KAR NC: 2025:KHC:22513 RFA No. 55 of 2020 compromise petition, it is appropriate to record the compromise. 6. Accordingly, I proceed to pass the following: ORDER i) The Regular First Appeal stands disposed of in terms of the compromise. ii) Draw the decree accordingly. iii) No order as to costs. In view of disposal of the appeal, pending application does not survive for consideration and the same is also disposed of. Sd/- (S RACHAIAH) JUDGE BSS List No.: 1 Sl No.: 66