- 1 - HC-KAR NC: 2025:KHC:21534 RFA No. 2333 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.2333 OF 2023 (DEC/INJ) BETWEEN: 1. SRI.M.SHANKAR NARAYAN AGED ABOUT 57 YEARS S/O M.MUNISWAMY RESIDING AT NO.19 MUNISWAMAPPA LANE THIGALARAPET BENGALURU - 560002 2. SRI.M.KRISHNA KUMAR AGED ABOUT 55 YEARS S/O M.MUNISWAMY RESIDING AT NO.19 MUNISWAMAPPA LANE THIGALARAPET BENGALURU - 560002 …APPELLANTS (BY SRI. C.PRAKASH, ADVOCATE) AND: SMT.C.M.LEELAVATHI AGED ABOUT 55 YEARS W/O SRI.GOPALAPPA R/AT NO.1 AND 2 KENCHANAYAKANA LANE GOLLARAPETE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21534 RFA No. 2333 of 2023 BENGALURU 560002 …RESPONDENT (BY SRI.G.SHASHI KUMAR, ADVOCATE FOR SRI.S.GANGADHARA AITHAL, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.09.2023 PASSED IN OS.NO.8729/2019 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL JUDGE BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT This appeal is filed by the plaintiffs assailing the judgment and decree dated 27.09.2023 rendered in O.S.No.8729/2019. 2. For the sake of brevity, the parties are referred as they are ranked before the Trial Court. 3. Today, a Joint Compromise Petition, duly signed by all the parties and their respective learned counsel, has been filed before this Court. - 3 - HC-KAR NC: 2025:KHC:21534 RFA No. 2333 of 2023 4. On a specific query made by this Court, the plaintiffs and the defendant, who are present in person, have stated that they have gone through the terms and conditions set forth in the Joint Compromise Petition. It is further affirmed that the contents of the compromise have been duly explained to them in the local language by their respective counsel and that they have voluntarily and unconditionally accepted the same. They have no objection to the appeal being disposed of in terms of the said compromise. 5. This Court is satisfied that the compromise is lawful and has been voluntarily entered into by the parties out of their free will and volition. None of the signatories to the Joint Compromise Petition have raised any allegation of coercion, duress, or undue influence. Accordingly, the Joint Compromise Petition is taken on record. - 4 - HC-KAR NC: 2025:KHC:21534 RFA No. 2333 of 2023 In view of the above, the appeal stands disposed of in terms of the Joint Compromise Petition. As a consequence of the compromise, the judgment and decree dated 27.09.2023 passed in O.S. No.8729/2019 by the Court of the XXXIII Additional City Civil and Sessions Judge, CCH-23, Bengaluru City, is hereby set aside. Let a decree be drawn accordingly. The Registry is directed to refund the Court Fee to the appellants, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 37