- 1 - NC: 2025:KHC:2771 RSA No. 1707 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 1707 OF 2022 (SP-) BETWEEN: SMT. SHANTAMMA W/O LATE SRI. ESHWARA, AGED ABOUT 57 YEARS, R/O DOONA IN BENAVALLI VILLAGE, KEREHALLI HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 496. …APPELLANT (BY SRI. PRASHANTH H S., ADVOCATE) AND: 1. SMT. JAYALAKSHMI W/O SRI. B. M. DEVAPPA, AGED ABOUT 75 YEARS, 2. SMT. SHYAMALA W/O LATE SRI. GANAPATHI, AGED ABOUT 55 YEARS, 3. KUM. MEGHA D/O LATE SRI. GANAPATHI, AGED ABOUT 26 YEARS, RESPONDENT NOS.1 AND 3 ARE R/OF KOTETARIGA VILLAGE, HUMCHA HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436 …RESPONDENTS (BY SRI. V.S.HEGDE, ADVOCATE FOR R1-3) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2022 PASSED IN RA.NO.46/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HOSANAGAR. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:2771 RSA No. 1707 of 2022 10.07.2020 PASSED IN O.S.NO.130/2016 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSANAGARA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed under Section 100 of CPC for setting aside the judgment and decree passed by the Additional Civil Judge and JMFC, Hosanagara, in O.S. No.130/2016 dated 10.07.2020, for having decreed the suit of the plaintiffs- respondents, and the same was upheld by the Senior Civil Judge and JMFC, Hosanangara in R.A. No.46/2020 dated 29.09.2022. 2. The appellant was the defendant and the respondents were the plaintiffs before the trial court. The rank of the parties is retained as before the trial court, for the sake of convenience. 3. During the pendency of the appeal, both appellant and respondents appeared through their counsel and filed joint compromise petition under Order XXIII Rule 1 of CPC. As per - 3 - NC: 2025:KHC:2771 RSA No. 1707 of 2022 the terms of compromise, the appellant is said to be received ₹2.00 lakhs under the agreement of sale dated 22.09.2012. Now, by way of settlement, the appellant-defendant has paid ₹6,90,000/- to the respondents-plaintiffs in full and final settlement and given up the right to the respondents, who are the original owners. The amount of ₹6,90,000/- is paid by way of demand draft No.791102 drawn on Canara Bank and given, Arasalu Branch, Shivamogga, to respondent No.2, and respondent Nos.1 and 3 have no objection in this regard. It is also agreed by the parties that the appellant has agreed to pay 50% of the total court fee refundable amount to respondent No.1-plaintiff No.1(a). 4. Sri Balaraju, who is the son of the appellant and the general power of attorney holder of the appellant, is present before the Court. Respondent No.2 who is the general power of attorney holder of respondent Nos.1 and 3 is also present. 5. The terms of compromise is read over and the parties have agreed for the same. They also produced the general power of attorneys given by the respective parties and the same are placed on record. - 4 - NC: 2025:KHC:2771 RSA No. 1707 of 2022 6. Respondent No.2 has accepted and acknowledged the receipt of ₹6,90,000/- by way of demand draft and the same is placed on record. 7. Accordingly, the appeal is disposed of by way of compromise. 8. Appellant is entitled for the refund of court fee as per law and as per the compromise, 50% of the court fee shall be payable by the appellant to respondent No.1 herein. Draw decree accordingly. The terms of compromise is kept as part and parcel of the decree. Sd/- (K.NATARAJAN) JUDGE CS List No.: 5 Sl No.: 1 CT:SK