- 1 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1240 OF 2021 (DEC/INJ) BETWEEN: P.B. DINESH S/O BASAPPA AGED ABOUT 44 YEARS OCC: AGRICULTURIST R/O J.C.R LAYOUT, JAGALUR-577 528 …APPELLANT (BY SRI SREE HARSHA A K, ADVOCATE) AND: 1. SMT. GIRIJAMMA W/O TORIYAPPA AGED ABOUT 54 YEARS R/O JIDDI, NEAR ESHWARA TEMPLE, JAGALUR, DAVANAGERE DISTRICT- 577528 2. KALLESH S/O TORIYAPPA AGED ABOUT 28 YEARS R/O JIDDI, NEAR ESHWARA TEMPLE, JAGALUR, DAVANAGERE DISTRICT- 577528 3. SMT. ANITHA W/O TORIYAPPA AGED ABOUT 26 YEARS R/O JIDDI, NEAR ESHWARA TEMPLE, JAGALUR, DAVANAGERE DISTRICT- 577528 Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 4. SMT. UMADEVI W/O LATE P.B. MANJUNATHA AGED 61 YEARS OCC: HOUSE WIFE 5. SRI P.M. MAHESH S/O LATE P.B. MANJUNATHA AGED 41 YEARS 6. SMT. P.M. ANJANA W/O VIJAYKUMAR AGED 34 YEARS RESPONDENT NO.4 TO 6 ARE C/O JAYASHEELAMMA CLOTH MERCHANTS, OPP :GARUDAGAMABA, NEAR HUCHCHANGI YALLAMMA TEMPLE, CHITRADURGA-577501 7. SMT. P.B. UMADEVI W/O CHANNAPPA AGED 61 YEARS R/O NEELAKANTESHWARA EXTENSION NEAR HUCHCHANGI YALLAMMA TEMPLE, CHITRADURGA-577501 8. SMT. JAYASHEELAMMA D/O P.B. THIPPESWAMY AGED :57 YEARS 9. SMT. P.T. MEGHANA D/O P.B. THIPPESWAMY AGED 29 YEARS 10. SRI P.T. SHANTHAKUMAR S/O P.B. THIPPESWAMY AGED 27 YEARS RESPONDENTS NO.8 TO 10 ARE C/O JAYASHEELAMMA - 3 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 CLOTH MERCHANTS, OPP: GARUDAGAMABA, NEAR HUCHCHANGI YALLAMMA TEMPLE, CHITRADURGA-577501 11. SRI P.B. BASAVARAJA S/O LATE BASAPPA AGED 55 YEARS 12. SMT. VIJAYAMMA W/O LATE P.B KOTRAPPA AGED 49 YEARS 13. P.K.POOJA D/O LATE P.B. KOTRESH AGED 29 YEARS 14. P.K. VARUN D/O LATE P.B. KOTRESH AGED 21 YEARS RESPONDENT NOS.11 TO 14 ARE R/O NALANDA COLLEGE ROAD J.K.LAYOUT, JAGALUR-577 528 15. SRI VIRUPAKSHA S/O LATE BASAPPA AGED 16 YEARS SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN RESPONDENT NO.16 HEREIN SMT. BASAMMA W/O P.BASAPPA R/O INDIRA BADAVANE, JAGALUR TOWN-577528 16. SMT. BASAMMA W/O P.BASAPPA AGED 57 YEARS R/O INDIRA BADAVANE, - 4 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 JAGALUR TOWN-577528 …RESPONDENTS (BY SRI SANTHOSH R. NELKUDRI, ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 17.01.2025, NOTICE TO R16 HELD SUFFICIENT; VIDE ORDER DATED 18.06.2025, APPEAL AGAINST R5, R12 AND R14 DISMISSED; R4, R6 TO R11, R13 ARE SERVED; R15 MINOR REPRESENTED BY R16 AS PER CAUSE TITLE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 07.02.2020 PASSED IN RA.NO.95/2018 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE, JAGALURU. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.06.2018 PASSED IN O.S.NO.7/2011 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, JAGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Parties present with their respective advocates. 2. Compromise Petition under Order XXIII Rule 3 of the code of Civil Procedure signed by the parties and their respective advocates is filed. 3. The compromise petition reads as under: “It is submitted that by the advice of the elders and well wishers of both the parties to the lis, the parties to the above have amicably settled the matter i.e., the appellant has agreed to receive Rs.7,50,000/- (Seven lakh fifty - 5 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 thousand only) towards full and final settlement. Today the appellant has received Rs.2,50,000/- (Two lakh fifty thousand only) in open court from respondent No.2 and respondent No.2 hereby agreed to pay remaining balance of Rs.5,00,000/- (Rupees five lakh only) on 04.09.2025. Wherefore, the appellant pray the Hon’ble Court to dismiss the above appeal as withdrawn in terms of the joint memo.” 4. Contents of the compromise petition are read over to the parties in Kannada language and they admit that the terms of the compromise petition depict the true terms of settlement. 5. They submit that there is no force or undue influence or coercion in reaching out the terms of the compromise. 6. As such, there is no impediment for this Court to accept the terms of the compromise petition and dispose of the appeal in terms of the compromise petition. 7. Accordingly, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. - 6 - HC-KAR NC: 2025:KHC:32773 RSA No. 1240 of 2021 (ii) Office is directed to pass the modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. (iii) Rs.2,50,000/- is tendered as part of compromise and balance amount would be paid as is depicted in the compromise petition. (iv) However, if balance amount is not paid, relist this matter on 04th September 2025 for payment of balance amount. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 41