- 1 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1265 OF 2012 (PAR) BETWEEN: 1. SMT VIJAYA B W/O JAGATHI SINCE DEAD BY LRs: 1(A) SRI. JAKATI K.D AGED ABOUT 76 YEARS S/O LATE D.K. JAKATI H/O LATE SMT. VIJAYA B 7TH CROSS, JAKKASANDRA KORAMANGALA BENGALURU-560034. 1(B) SMT. RESHMA J AGED ABOUT 42 YEARS W/O PRAKASH S D/O JAKATI K.D & LATE VIJAYA B R/O HOUSE NO. 51 THAMARASANAHALLI T.B. CROSS, HESARAGHATTA LAKE BENGALURU-560089. 1(C) SRI. RAVI CHETAN J AGED ABOUT 40 YEARS S/O JAKATI K.D & LATE VIJAYA B R/O NO. 32, 3RD MAIN 7TH CROSS, JAKKASANDRA KORAMANGALA BENGALURU-560 034. 2. SMT. NIRMALA B. W/O LATE PRASAD SINCE DEAD BY LR: 2(A) SRI. SANJAY B Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 AGED ABOUT 49 YEARS S/O LATE NIRMALA B R/O NO. 4/2, II CROSS PARK ROAD BALEPETE BENGALURU-560053. 3. SMT. VANAJA B. W/O VEERABADRAPPA AGED ABOUT 52 YEARS R/O NO.4/2, II CROSS PARK ROAD, BALEPET BANGALORE-53. …APPELLANTS (BY SRI. CHIDAMBARA G S., ADVOCATE) AND: 1. SMT RATHNAMMA W/O LATE JAGADEESH AGED ABOUT 67 YEARS 2. YOGISH S/O.LATE JAGADISH AGED ABOUT 35 YEARS BOTH ARE R/O NO.687 GROUND FLOOR, SUBHASH NAGAR NELAMANGALA MUNCIPAL QUARTERS ROAD BANGALORE-5. 3. PUTTA SWAMY B. S/O LATE B. MARIGANGAIAH AGED ABOUT 52 YEARS R/O NO.180, V CROSS G.K.W. LAYOUT, VIJAYNAGAR BANGALORE-40 4. UMESH @ MARISWAMY B D/O LATE MARIGANGAIAH AGED ABOUT 47 YEARS R/O NO.4/2, II CROSS PARK ROAD, BALEPET BANGALORE-53. …RESPONDENTS (BY SRI. PARAMESHWARAPPA C., ADVOCATE FOR R1 TO R4) - 3 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.4.2012 PASSED IN O.S.NO.15058/2005 ON THE FILE OF THE IV ADDL. CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BANGALORE, (CCH 21), PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND DISMISSING THE SUIT IN RESPECT OF 'B' SCHEDULE PROPERTY. THE APPELLANT HEREIN PRAYING TO SETTING ASIDE THE ABOVE MENTIONED JUDGMENT AND DECREE IN O.S.NO.15058/2005, IN SO FOR AS IT RELATES TO DISMISSAL OF SUIT IN RESPECT OF 'B' SCHEDULE PROPERTIES AND DECREE THE SUIT IN RESPECT OF SUIT 'B' SCHEDULE PROPERTIES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT This appeal is filed by the plaintiffs challenging the preliminary decree passed by IV Additional City Civil and Sessions Judge, Bengaluru in OS No.15058/2005, dated 03.04.2012, whereby suit has been partly decreed. 2. The plaintiffs filed a suit partition in O.S.No.15058/2005. The suit came to be partly decreed, by judgment and decree dated 03.04.2012. Being aggrieved by the same, the plaintiffs filed this regular first appeal before this Court. - 4 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 3. After service of notice to the respondents, the respondents appeared through counsel. The parties have settled the matter and they have filed the compromise petition under Order XXIII Rule 3 r/w. Section 151 of CPC. 4. The parties are present before the Court and they have been identified by their respective counsel. The parties have agreed for the compromise without any volition or duress from anybody. The compromise petition is taken on record. The same is extracted below: “The appellants and respondents submit as under:- 1. The above appeal is filed by the plaintiffs challenging the judgment and decree passed in O.S.No.15058/2005 passed by the Court of IV Additional City Civil and Sessions Judge at Bengaluru (CH-21) (Mayo Hall) in so far as it relates to dismissal of suit in respect of suit 'B' schedule properties. 2. The plaintiffs are the daughters and defendants 3 and 4 are sons of late B.Marigangalah. The defendants 1 and 2 are - 5 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 widow and son of late Jagadeesh, who is another son of B. Marigangalah. 3. The plaintiffs filed suit in O. S. No.15058/ 2005 against the defendants before the Court of IV Additional City Civil and Sessions Judge at Bengaluru (Mayo Hall) for partition and separate possession in respect of the suit schedule properties. 4. The learned City Civil and Sessions Judge by the Judgment dated 03-04-2012 decreed the suit in part granting 1/6th share each in the suit 'A' Schedule residential house and dismissed the suit in respect of the suit 'B' schedule agricultural lands. 5. Being aggrieved by the said judgment and decree dated 03-04-2012 passed by the Trial Court, the plaintiffs have filed above appeal challenging the dismissal of suit in respect of suit 'B' schedule properties. During the pendency of above appeal, plaintiffs 1 and 2/appellants 1 and 2 died and their LRs were brought on record as appellants 1(a) to 1(c) and appellant 2(a). Since appellant No.1(c)- Ravi Chetan J is presently employed at Canada, in this compromise petition he is represented through his duly constituted General Power of - 6 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 Attorney holder-Father-appellant No.1(a) Sri. Jakati K.D. 6. The appellants/plaintiffs have filed an application before this Hon'ble Court seeking amendment of the plaint in respect of suit 'B' schedule properties and the said interlocutory application came to be allowed on 17-12-2019 permitting the appellants to amend the plaint as prayed for. Pursuant to said order, the appellants carried out amendment in the plaint and also filed amended plaint. 7. By the intervention of well-wishers and elders of the locality, the appellants and respondents have settled the issue which give rise to this Hon'ble Court by way of Regular First Appeal and filed a joint memo dated 11- 09-2023 enumerating certain terms and conditions to be fulfilled before filing compromise petition and agreed to present compromise petition after successful completion of the conditions set-out in the joint memo. 8. Now all the conditions of joint memo have been fulfilled and hence the appellants and respondents are filing the compromise petition with the following terms and conditions:- - 7 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 a) The appellants 1(a) to 1 (c) have collectively received a sum of Rs.1,00,00,000/- (Rupees One Crore only) in lieu of their share in the suit schedule properties as full and final settlement. Out of Rs.1,00,00,000/-, a sum of Rs.26,75,000/- has been paid through six undated cheques in favour of appellant No.1(c) and out of said six cheques, following two cheques drawn by Mr. Lokesh N from his Account bearing No.010006000106 in favour of appellant No.1(c) on Sri Tyagaraja Co- operative Bank, Hesaraghatta Main Road Branch, Bengaluru are yet to be realised and those cheques were received subject to realisation:- i) Cheque No.002712 for Rs.3,25,000/-; ii) Cheque No.02711 for Rs.3,50,000/-; b) The appellants 2(a) and 3 have received a sum of Rs.50,00,000/-(Rupees Fifty Lakhs only) each in addition to allotment of suit Schedule 'A' property exclusively to their share in full and final settlement of their claim in the suit schedule properties. c) The suit Schedule 'A' property is allotted to the share of appellants 2(a) and 3 and they are put in exclusive possession of suit Schedule 'A' property and the appellant No.1(a) to (c) and - 8 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 the respondents have no share in the suit Schedule 'A' property. Thus, the appellant No.2 (a) and appellant No.3 became the absolute owners in exclusive possession and enjoyment of the suit Schedule 'A' property and the appellant No.2 (a) and appellant No.3 have divided the Schedule 'A' property as per the Sketch annexed with this compromise petition which may be treated as part and parcel of the compromise petition. d) During the pendency of the above appeal and after filing the joint memo dated 07-09- 2023, the appellants and the respondents have jointly executed the Sale Deed dated 24-12- 2024 vide Document No.NMG-1-12754-2024- 25 registered in the Office of the Senior Sub- Registrar, Bengaluru Rural (Nelamangala), dated 30-12-2024 in favour of Mr. N Lokesh in respect of Item No.6 of suit Schedule 'B' property. e) The appellants and the respondents have jointly executed the Sale Deed dated 24-12- 2024 vide Document No.NMG-1-12755-2024- 25 registered in the Office of Senior Sub- Registrar, Bengaluru Rural (Nelamangala), dated 30-12-2024 in favour of Mr. Lokesh N in - 9 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 respect of Item No.9 and 10 of suit Schedule 'B' property. f) The appellants and the respondents have jointly executed the Sale Deed dated 24.12.2024 vide Document No.NMG-1-12756- 2024-25 registered in the Office of Senior Sub- Registrar, Bengaluru Rural (Nelamangala), dated 30-12-2024 in favour of Mr. G Venkatesh in respect of Item No.8 of suit Schedule 'B' property. g) The remaining items in suit Schedule 'B' properties except items 6 and 8 to 10 are allotted jointly in favour of respondents as their share in full and final settlement of their claim. h) The appellants have no claim and share over the suit schedule 'B' properties as they are hereby relinquished their right over the same. i) Similarly, the appellants 1(a) to 1(c) and respondents have no claim and share of whatsoever nature over suit Schedule 'A' property as the same is allotted to the exclusive share of appellants 2(a) and 3 and the appellants 1(a) to 1(c) and respondents hereby relinquish their right, title and interest over the suit Schedule 'B' property. - 10 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 9. The appellants 2(a) and 3 have divided the suit schedule 'A' property which is allotted to their share equally between themselves in the following manner as shown in the annexed sketch which may be read as part and parcel of this compromise petition:- a) The entire suit 'A' schedule property is shown in letters ABCDEFGH in the annexed sketch. b) Presently, suit 'A' schedule residential house is comprising of two portions/separate houses and appellant No.2(a) is in occupation of the house situated towards eastern side and appellant No.3 and her family members are in occupation of western portion of suit 'A' schedule property. Both, appellant No.2(a) and 3 are using common entry situated in between letters 'B' and 'G' in the sketch and then appellant No.2(a) enters his house situated towards eastern portion of suit 'A' schedule property through existing staircase shown in the sketch. c) Under this compromise petition, eastern portion of suit 'A' schedule property shown with letters BCDEFG is allotted to the exclusive share of appellant No.2(a) and western portion - 11 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 shown with letters ABGH is allotted to the exclusive share of appellant No.3. d) There is an existing drainage running from east to west direction on the Southern side from point F to H and H to A and then joins drainage situated near 5 feet common passage shown in the sketch. The appellant No.3 shall maintain the same without disturbing its flow. e) The appellant No.3 intends to demolish the house situated in the portion allotted to her share and reconstruct the building. Till demolition and reconstruction of house by appellant No.3, existing entry and enjoyment of common area shall be maintained by both and there shall not be any disturbance or obstruction for entry and exit. f) At the time of reconstruction, the appellant No.3 shall leave 5 feet width passage towards northern side between letters AB as shown in the sketch for the entry and exit of both appellant No.2(a) and 3 and shall maintain the said passage at all time to come as common passage only. g) The appellant No.3 shall provide separate door for entry and exit to the portion allotted to - 12 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 the share of appellant No.2(a) as shown in the sketch while reconstructing the building. h) Since suit 'A' schedule residential property is divided into two portions and allotted to the share of appellant No.2(a) and 3, they shall maintain and enjoy the property allotted to their respective share without disturbing the enjoyment of other sharer. i) The portion allotted to the share of appellant 3 is having two electricity meters for both the portions and one water storage tank. In the event of demolition and reconstruction of said portion, provision for electricity meter and water storage facility shall be made suitably by mutual understanding. j) The appellant No.3 shall provide temporary staircase to enter and exit 1st floor portion allotted to the share of appellant No.2(a) in the event of demolishing her portion till reconstruction and making provision for common entrance for enjoyment of first floor portion. k) The appellant No.2(a) and 3 are at liberty to bifurcate the katha of suit 'A' schedule property - 13 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 and enjoy their share of property in peacefully and independently. 10. The appellants/plaintiffs and the respondents/defendants are fully satisfied with the shares allotted to their respective names under the compromise petition. 11. Both the appellants/plaintiffs and the respondents/defendants mutually agreed that they shall not question the settlement reported in accordance with this compromise petition. 12. The appellants/plaintiffs and the respondents/defendants have arrived to this compromise out of their own will and volition and there is no force, undue influence, coercion or misrepresentation. 13. The appellants/plaintiffs submit that they have no right over the other suit schedule properties allotted to the share of the defendants/respondents and similarly respondents/defendants and appellants 1(a) to (c) have no right over the suit 'A' schedule property. The respondents/defendants are jointly and equally entitled for the remaining ancestral properties and the appellants/ - 14 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 plaintiffs shall not claim anything in future claiming under their respective shares. 14. The respondents No.1 and 2 together are entitle for 1/3rd share in Schedule B properties and Items No.1 to 5, 7 and 11 to 13 of the suit schedule properties, while the respondents No.3 and 4 are entitled for 1/3rd share each in Schedule B properties and Items No.1 to 5, 7 and 11 to 13. The appellants have no right whatsoever against these properties and also against the other properties, if any, which have been left out while filing the suit due to oversight. 15. The respondents No.1 and 2 shall indemnify the purchasers of Items No.6, 8 to 10 of the suit schedule properties, if any claims made against the said properties by anyone claiming under late Mr.Jagadeesh, the husband of the respondent No.1 and the father of the respondent No.2. 16. On entering in to this compromise petition, the appellants No.2 (a) and 3 are having absolute right to enjoy the properties allotted to them under this petition as their self- acquired properties and they can do whatever for their benefit without any disturbance or - 15 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 interference from the other appellants and the respondents. In the event of the appellants No.2 (a) and 3 alienating the property allotted to their share in favour of third parties, the consent or signatures of other appellants and the respondents are not required. 17. The parties have agreed to assist each other in getting all the revenue records and property sketches transferred and made out in their respective names in the records of the concerned Revenue Department. 18. The parties have no objection to dispose of the above appeal in terms of this compromise petition and the impugned judgment and decree handed down by the trial Court may be modified. Wherefore, the appellants and respondents most respectfully pray that this Hon'ble Court may kindly be pleased to accept the compromise petition and modify the judgment and decree dated 03-04-2012 passed by the Court of IV Addl. City Civil & Sessions Judge at Mayo Hall Unit, Bengaluru in O.S. No.15058 /2005 as per the terms of this compromise petition and draw final decree in terms of this - 16 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 compromise petition, in the interest of justice and equity. SCHEDULE -A Mud roof House bearing No.4/2 (new) Kottige Lane, Second cross, ParkRoad, Balepet, Bangalore – 53. SCHEDULE-B Agricultural properties bearing survey Nos. 3/1, 4/1, 19/1, 25/1A, 32/1, 34/1, 170/7, 171/1, 172/1 situated at Marohalli village and Malonagathihalli village and T. Begur Grama/village, Kasaba Hobli, Nelamangala Taluk, Bangalore rural dist. Bangalore. The description and extent with boundaries of the said survey numbers are as mentioned below: 1. Sy.No.3/1 measuring 6 guntas (including 1 gunta karab) situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East: Land of B.P. Gangadaran West: Kaneshumari land North :Kaneshumari land South :Land of Rajashekaran 2. Sy.No.4/1 measuring 16 guntas situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: - 17 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 East : Land of B.P. Gangadaran West: Land of Thimmahanumaiah North: Land of Lakshmaiah South: Land of Rajashekaran 3. Sy.No.6 measuring 18 guntas (including 1 gunta karab) situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural District and bounded by: East : Land of B.P. Gangadaran West : Kaneshumari land North: Kaneshumari land South: House of Ganesh 4. Sy.No.7 measuring 6 guntas situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Swarna Gowri West : Kaneshumari land North: Land of B.P. Gangadharan South: Kaneshumari land 5. Sy.No.19/1 measuring 2 acres 35 guntas situated at Marohalli village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Muniyappa West : Road North: Land of Puttaswamaiah South: Land of Munisanjaiah - 18 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 6. Sy.No.25/1A measuring 1 acre 15 guntas situated at Malonagathihalli village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Govindaiah West: Land Sait North:Land of Sait South:Land of Gangashivaiah 7. No.31 measuring 24 guntas (including 1 gunta karab) situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded y: East: Road West : Road North : Road South:Land of Shafiulla Khan 8. Sy.No.32/1 measuring 1 acre situated at Malonagathihalli village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Gopalaiah West : Land of Sait North:Land of Sait South : Land of Govindaiah 9. Sy.No.34/1 measuring 7 guntas situated at Malonagathihalli village, Kasaba - 19 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Byanna West : Land of Sait North : Thoti Inam land South: Shanubhog Inam land 10. Sy.No.38 measuring 9 guntas (including 1 gunta karab) situated at Malonagathihalli viilage, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of Hanumaiah West : Land of Ramakrishnaiah North: Land of Gangathimmaiah South: Land of Kooti Poorna 11. Sy.No.170/7 measuring 1 gunta situated at T.Begur village, Kasaba hobli, 13 Nelamangala taluk, Bangalore Rural district. 12. Sy.No.171/1 measuring 1 acre situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East : Land of B.P. Gangadaran West : Land of B.P. Rajashekaraiah North: Road South: Land of Narasaiah - 20 - HC-KAR NC: 2025:KHC:34359 RFA No. 1265 of 2012 13. Sy.No.172/1 measuring 3 acres 2 guntas (including 3 gunta karab) situated at T.Begur village, Kasaba hobli, Nelamangala taluk, Bangalore Rural district and bounded by: East: Land of B.P. Gangadaran West: Kaneshumari land North: Kaneshumari land South: Land of Rajashekaran” 5. In view of the above settlement, the appeal stands disposed of in terms of the compromise petition. 6. The registry is directed to draw a modified decree in terms of the compromise decree. The registry is also directed to refund the court fee to the appellants, after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 2 Sl No.: 1