- 1 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.2363 OF 2008 (DEC/INJ) BETWEEN: 1. [[[ PALANIGOUNDER S/O.LATE NANJAPPA GOUNDER DEAD BY LRS. 1(a) TULASI AMMAL W/O.LATE PALANI GOUNDER AGED ABOUT 73 YEARS 1(b) B.LAKSHNMI W/O.A.N.AVINASA LINGAM D/O.LATE PALANI GOUNDER AGED ABOUT 56 YEARS 1(c) M.RAJAMANI W/O.T.M.MANIKYAM D/O.LATE PALANI GOUNDER AGED ABOUT 54 YEARS 1(d) S.P.RAMALINGAM S/O.LATE PALANI GOUNDER AGED ABOUT 52 YEARS 2. ARUNACHALA GOUNDER S/O.SUBBARAYA GOUNDER SINCE DEAD BY HIS LRS. 2(a) S.KANDASWAMY S/O.JAGAMALAI GOUDNER AGED ABOUT 55 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 2(b) S.RAVI S/O.JAGAMALAI GOUNDER AGED ABOUT 53 YEARS 3. R.THIRUMURTHY S/O.RAKIYA GOUNDER AGED ABOUT 51 YEARS 4. A.K.NATARAJAN S/O.KARUPPA GOUNDER AGED ABOUT 55 YEARS ALL ARE RESIDING AT LAXMIPURA VILLAGE AMACHAVADI DHAKALE HARADANAHALLI HOBLI CHAMARAJANAGAR TALUK AND DISTRICT … APPELLANTS (BY MS.ANAGHA JAYAPRAKASH FOR M/S.CHALAPAHI AND SRI S.V.SRINIVAS, ADVOCATES) AND: 1. C.S.SIDDAIAH S/O.LATE SIDDAIAH SINCE DEAD BY HIS LRS. 1(a) RUKMINI W/O.LATE C.S.SIDDAIAH AGED ABOUT 59 YEARS R/AT NO.13/167 AMBEDKAR EXTENSION CHAMARAJANAGAR TALUK CHAMARAJANAGAR-571 313 1(b) C.S.YASHODADEVI D/O.LATE C.S.SIDDAIAH AGED ABOUT 43 YEARS R/AT NO.13/167 AMBEDKAR EXTENSION - 3 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 CHAMARAJANAGAR TALUK CHAMARAJANAGAR-571 313 1(c) C.S.HEMALATHADEVI W/O.M.S.CHANDRU AGED ABOUT 41 YEARS R/AT AMBEDKAR STREET MADAPURA VILLAGE CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR-571 313 1(d) C.S.VEENA DEVI W/O.M.GURUPRASAD AGED ABOUT 39 YEARS R/AT MARIYALADAHUDI VILLAGE MARIYALA CHAMARAJANAGARA-571 313 1(e) C.S.MAMATHADEVI D/O.LATE C.S.SIDDAIAH AGED ABOUT 37 YEARS R/AT NO.13/167 AMBEDKAR STREET BEHIND TOWN CLUB CHAMARAJANAGAR TALUK CHAMARAJANAGAR-571 313 1(f) C.S.SRINIDHI KUDAR S/O.LATE C.S.SIDDAIAH AGED ABOUT 35 YEARS R/AT NO.13/167 DR.B.R.AMBEDKAR EXTENSION 3RD CROSS, BEHIND DISTRICT GOVT. GENERAL HOSPITAL, KASABA HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR-571 313 2. C.HONNAIAH S/O.LATE KYATHAIAH AGED ABOUT 70 YEARS - 4 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 LAXMIPURA VILLAGE AMACHAVADI DHAKALE HARADANAHALLI HOBLI CHAMARAJANAGAR TALUK AND DISTRICT … RESPONDENTS (BY SRI SOMASHEKAR KASHIMATH, ADVOCATE FOR R-1(a) TO R-1(f); APPEAL IS DISMISSED AS AGAINST R-2 V/O.DATED 25.09.2025) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 18.08.2008 PASSED IN R.A.NO.16/2008 (OLD R.A.NO.4/2006) BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR AND TO CONFIRM OR UPHOLD THE JUDGEMENT AND DECREE DATED 27.10.2005 PASSED IN OS.NO.99/1994 BY THE ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, CHAMARAJANAGARA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This Regular Second Appeal is preferred by the plaintiffs being aggrieved by the impugned judgment and decree dated 18.08.2008 passed in RA.No.16/2008 by the Additional District ad Sessions Judge and the Presiding Officer, Fast Track Court, Chamarajanagar (for short, 'the first Appellate Court'), whereby the judgment and decree - 5 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 dated 27.10.2005 passed in O.S.No.99/1994 by the Additional Civil Judge (Jr.Dn.) and JMFC, Chamarajanagar (for short, 'the trial Court'), came to be set-aside. 2. During the pendency of this appeal, the parties to the proceedings hereinabove mentioned have entered into a settlement and amicably resolve the dispute amongst themselves and they have filed a compromise petition under Order XXIII Rule 3 of CPC. 3. Appellant No.1(d), who has release deed in his favour executed by appellant Nos.1(a) to (c) during lifetime of appellant No.1(a) and acting as a power of attorney holder on behalf of appellant Nos.2(a), 2(b), 3 and 4 and also respondent No.1(f) acting as a power of attorney holder on behalf of respondent Nos.1(a) to 1(e) have agreed to settle the matter amicably and accordingly, executed the compromise petition along with sketch of the suit schedule properties which they intend to divide - 6 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 amongst themselves. The terms and conditions of the compromise are enumerated in the compromise petition. 4. The compromise petition, so also, Schedule A, B, C and D properties is extracted hereinbelow for the sake of clarity and better understanding: "At the intervention of well-wishers, the parties in the above case have resolved their differences and disputes and have decided to enter into a compromise as follows: 1. The Schedule Property, i.e., land bearing Sy. No. 456 situated at Amachavadi village, Haradanahalli Hobli, Chamarajnaar Taluk totally measures 7 acres 08 guntas and is morefully described as Schedule 'A' Property to this petition and delineated by letters 'AGEDCB'. 2. The 1st Appellant/ Plaintiff, Sri. Palani Gounder died during the pendency of the suit and was represented by his legal heirs, Appellant No. 1(a), Smt. Tulasi Ammal, his wife, Appellant No. 1(b), Smt. Laxmi, Appellant No. 1(c), Smt.Rajamani, - 7 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 his daughters and Appellant No. 1(d), Sri. Ramalingam, his son. 3. Appellant No. 1 (a), Smt. Tulasi Ammal, died during the pendency of the present appeal and Appellant Nos. 1(b), 1(c) and 1(d) are her legal representatives. 4. Appellant No. 2, Sri. Arunachala Gounder died during the pendency of the present appeal and Appellant Nos. 2(a) and 2(b) have been brought on record as the legal representatives of the said Appellant No. 2. 5. Appellant Nos. 2(a) and 2(b), 3 and 4 have appointed Appellant No. 1(d) by way of a Special Power of Attorney dated 20.05.2022 as their representative to enter into a compromise with Respondents. 6. The 1st Respondent, Sri. C.S. Siddaiah died on 30.06.2018 during the pendency of the present proceedings. The 1st Respondent is represented by his legal representatives viz., Respondent No. 1(a), his wife, Smt. Rukmini, his daughters, Smt. Yashodha Devi, Smt. Hemalatha Devi, Sm. Veena Devi, Smt. Mamatha Devi, Respondent - 8 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 Nos. 1(b) to 1(e) and his son, Sri. Srinidhi Kudar, Respondent No. 1(f). 7. Respondent Nos. 1 (b) and 1(e) have appointed Respondent No. 1(f) by way of a Special Power of Attorney dated 23.06.2023 as their representative to enter into a compromise with the Petitioners. 8. The Appellants have now entered into a compromise with the legal representatives of the 1st Respondent, viz., Respondent Nos. 1(b) to 1(f). 9. One Sri. N Palani Gounder (Plaintiff) filed a suit for declaration and injunction which is numbered as O.S. No.99/1994 on the file of the Additional Civil Judge at Chamrajnagar. One Sri. Honnaiah made an impleading application to implead him as a party, and the said application was allowed and he was arrayed as second Defendant. 10. The above said suit was decreed declaring that the Plaintiffs are the absolute owners and Defendants were restrained from interfering with the Plaintiffs' possession. - 9 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 11. Subsequently, the 1st Respondent/1st Defendant Sri. Siddaiah preferred a regular appeal on the file of the District Judge, Chamrajnagar and the said appeal was numbered as R.A. No. 16/2008. The 2nd Defendant Sri. Honnaiah preferred an appeal in R.A. No. 18/2008. 12. The appeal filed by the 1st Defendant in R.A. No. 16/2008 was allowed and the fast-track court set aside the decree passed by the Civil Judge and JMFC, Chamrajnagar. 13. The R.A No. 18/2008 filed by the 2nd Respondent came to be dismissed. Consequently, the counterclaim filed is rejected and dismissed. The said Sri. Honnaiah has not challenged the judgment passed in R.A No. 18/2008 In the circumstances, the title claimed by Sri. Honnaiah is rejected and he is not in possession of the 'A' schedule property. The said Sri. Honnaiah has no right, title or interest in the 'A' schedule property and he accepted the possession of the Appellant herein by not challenging the judgment. - 10 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 The same has attained finality. In the circumstances, the appeal against the 2nd Respondent may be dismissed as not pressed. 14. The Plaintiffs/ Appellants claim right, title interest under the sale deed dated 16.12.1985 executed by Sri. D Prakash son of Sri. Dase Gowda. Subsequently Sri. Dase Gowda also executed a registered ratification deed dated 22.07.2002. In pursuance of the same, mutation was effected in the name of Plaintiffs/Appellants. 15. The 1st Defendant/Respondent No.1 Siddaiah claims right, title interest under sale deed dated 24.01.1994. The 1st Defendant got the khata effected in his name as per order passed in MR No. 168/2010. 16. The Appellants are in peaceful possession and enjoyment of the 'A' schedule property. The revenue records stand in the name of the 1st Defendant as per orders passed in MR No. 168/2010 on the basis of judgment passed in RA No.16/2008. - 11 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 17. The LRs of 1st Defendant/ 1st Respondent confirm that the sale deed dated 16.12.1985 executed by D Prakash and ratification deed dated 22.07.2002 is valid to an extent measuring 3 acres 14 guntas. 18. Under this compromise petition the schedule 'A' property has been divided into two portions measuring 3 acres and 14 guntas each and the remaining extent measuring 8 guntas is a right of way to the 2 portions. 19. The western portion of the schedule 'A' property morefully described in Schedule 'B' below and hereinafter referred to as the Schedule 'B' Property delineated by letters 'ABCG' and depicted in green colour in the sketch annexed to this petition, has been allotted to the Appellants. 20. The eastern portion of the schedule 'A' property morefully described in the Schedule 'C' below and hereinafter referred to as the Schedule 'C' Property delineated by letters 'GXYEF' and depicted in yellow colour in the sketch annexed to this - 12 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 petition, has been allotted to the Legal Representatives of the 1st Respondent. 21. The southern portion of Schedule 'C' property measuring 8 guntas morefully described in the Schedule 'D' below and hereinafter referred to as the Schedule 'D' property delineated by letters 'XCDY' and depicted in blue colour in the sketch annexed to this petition, is the common access road to both the parties. 22. The Appellants have delivered vacant possession of a portion of the Schedule 'A' Property measuring 3 acres and 14 guntas which is morefully described in Schedule 'C' to this compromise and delineated by letters 'GXYEF' in the annexed plan and etched in yellow color to the Respondent Nos 1(b) to 1(f). 23. The Appellants have retained vacant possession of a portion of the Schedule 'A' Property measuring 3 acres and 14 guntas which is more fully described in Schedule 'B' to this compromise and delineated by letters 'ABCG' in the annexed plan and etched in green color. - 13 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 24. Appellant Nos. 1(b) and 1(c), daughters of Late Sri. Palani Gounder have executed a release deed dated 24.07.2000 in favour of Appellant No. 1(d), Sri. S.P Ramalingam, son of Late Sri. Palani Gounder. 25. Therefore, Appellant Nos. 1(d), 2(a), 2(b), 3 and 4 are entitled to enjoy the Schedule 'B' Property as absolute owners in whatever manner by obtaining necessary permissions/ sanctions from the revenue department/local authority/planning authority. 26. Respondent Nos. 1(a) to 1(f) are entitled to enjoy the Schedule 'C' property as absolute owners in whatever manner by obtaining necessary permissions/sanctions from the revenue department/local authority/ planning authority. 27. Respondent Nos. 1(a) to 1(f) are entitled to get mutation entries in the revenue records in respect of the property allotted to them which is more fully described in Schedule 'C'. 28. The Appellants Nos. 1(d), 2(a), 2(b), 3 and 4 are entitled to get the Schedule 'A' - 14 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 Property phodied and get assigned a new survey number in respect of the Schedule 'B' Property. The Respondent Nos. 1(a) to 1(f) shall co-operate with the Appellants for a joint survey and give No Objection Letter or any declaration to concerned local authority for the purpose of making out revenue entries in the names of the Appellant Nos. 1(d), 2(a), 2(b), 3 and 4. 29. The sketch annexed along with this petition has been drawn out pursuant to a survey done by a private surveyor, who was appointed by both the parties and the survey was done in the presence of both the parties. 30. The parties confirm the plan annexed to the compromise petition clearly indicates and discloses the possession and enjoyment of the property by the Appellant Nos. 1(d), 2(a), 2(b), 3 and 4 and Respondent Nos. 1(a) to 1(f) as per the terms of the compromise and the said plan is part of this Compromise Petition. Therefore, the parties pray that this Hon'ble Court set aside the decree passed in R.A. No. - 15 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 16/2008 and declare the Appellants as owners of 'B' schedule property and the LRs of 1st Respondent as the owners of 'C' Schedule property in land bearing Sy. No. 456 measuring 7 acres 08 guntas and to issue direction to revenue authorities to modify mutation entries of the parties accordingly. SCHEDULE 'A' PROPERTY Property bearing Sy. No. 456, measuring 7 acres 08 guntas situated as Amachavadi Village, Haradanahalli Hobli, Chamarajnagar Taluk, bounded on the: East by: Road, West by: Land belonging to Dasegowda and others South by: Land belonging to the Appellant bearing Sy. No. 455. North by: Mallappa's land SCHEDULE 'B' PROPERTY Property bearing Sy. No. 456, measuring 3 acres 14 guntas situated as Amachavadi Village, Haradanahalli Hobli, Chamarajnagar Taluk, bounded on the: East by: Schedule 'C' Property West by: Land belonging to Dasegowda and others - 16 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 South by: Land belonging to the Appellants bearing Sy. No. 455 North by: Mallappa and Govinda's land SCHEDULE 'C' PROPERTY Property bearing Sy. No. 456, measuring 3 acres 14 guntas situated as Amachavadi Village, Haradanahalli Hobli, Chamarajnagar Taluk, bounded on the: East by: Road, West by: Schedule 'B' Property South by: Schedule 'D' property North by: Mallappa's land SCHEDULE 'D' PROPERTY Property bearing Sy. No. 456, measuring 8 guntas situated as Amachavadi Village, Haradanahalli Hobli, Chamarajnagar Taluk, bounded on the: East by: Land in Sy. No.445 West by: Schedule 'B' Property South by: Land in Sy.No.455 North by: Schedule 'C' Property" 5. This Court enquired with the power of attorney holders representing the appellants and the respondents, they have affirmed that they have executed the - 17 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 compromise petition and signed the same on behalf of the respective parties; they have understood the terms and conditions of the compromise; they have entered into the same without any force, coercion and undue influence. 6. In view of the parties acting in terms of the compromise petition and they are in their respective possession of the schedule properties as mentioned in the sketch, it is made clear that the parties are equally entitled to use the schedule 'B' property, which is a common passage to ingress and egress their respective properties and they shall not be disturbed or interfered by either of them. 7. In view of the compromise petition executed between the parties, this appeal would have to be disposed off. Accordingly, I pass the following: ORDER i) This Regular Second Appeal stands disposed off in terms of the compromise petition; - 18 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 ii) The judgment and decree dated 27.10.2005 passed in O.S.No.99/1994 by the Additional Civil Judge (Jr.Dn.) and JMFC, Chamarajanagar and the judgment and decree dated 18.08.2008 passed in RA.No.16/2008 by the Additional District ad Sessions Judge and Presiding Officer, Fast Track Court, Chamarajanagar, stand modified to the extent of the terms and conditions of the compromise petition entered into by the parties herein; iii) The parties shall enjoy their respective portions of the suit schedule properties mentioned in the compromise petition; iv) Registry is directed to draw the decree as per the terms set out in the compromise petition; v) The compromise petition along with the sketch shall be part of the Decree; - 19 - HC-KAR NC: 2025:KHC:39105 RSA No. 2363 of 2008 Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 41