- 1 - HC-KAR NC: 2025:KHC:38886 RSA NO.1630 OF 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REGULAR SECOND APPEAL NO.1630 OF 2016 (DEC) BETWEEN: SRI. THYAGARAJU S/O LATE SHIVAPPA, AGED ABOUT 52 YEARS, PERMANENTLY R/AT: DOOR NO.1376, GOVERNMENT COLLEGE ROAD, R.C. ROAD, HASSAN - 573 201. …APPELLANT (BY SMT. NANDINI B., ADVOCATE FOR SRI. K.M. SOMASHEKARA, ADVOCATE) AND: 1. SMT. PAVITHRA W/O SRI. RAGHU, D/O LATE THANDAVESHWARA, AGED ABOUT 29 YEARS. 2. SMT. LAVANYA D/O LATE THANDAVESHWARA AGED ABOUT 31 YEARS. RESPONDENTS 1 AND 2 ARE R/AT: DOOR NO.339, JAYANAGARA, 2ND STAGE, SALAGAME ROAD, HASSAN - 573 201. 3. SMT. PRAMILA DEVI W/O LATE SOMASHEKAR, AGED ABOUT 60 YEARS. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38886 RSA NO.1630 OF 2016 4. SRI. BHARATH S/O LATE SOMASHEKAR, AGED ABOUT 32 YEARS. 5. SMT. BHOOMIKA D/O LATE SOMASHEKAR, AGED ABOUT 30 YEARS. 6. SRI. LAXMINARAYANA S/O LATE SHIVAPPA, AGED ABOUT 54 YEARS. RESPONDNTS 3 TO 6 ARE R/AT DOOR NO.1376, GOVERNMENT COLLEGE ROAD, R.C. ROAD, HASSAN - 573 201. 7. SMT. B.M. JANAKI W/O SRI, THANDAVESHWARA AGED ABOUT 52 YEARS. PRESENTLY R/AT: NO.339, JAYANAGAR II STAGE, SALAGAME ROAD, HASSAN - 573 201. …RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R1 AND R2; SRI. KUSUM JAIN, ADVOCATE FOR R3, R4, R5 AND R7; SRI. CHANDRASHEKAR N., ADVOCATE FOR R6) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 01ST AUGUST, 2016 PASSED IN REGULAR APPEAL NO.256 OF 2013 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05TH JULY, 2013 PASSED IN ORIGINAL SUIT NO.65 OF 2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN. - 3 - HC-KAR NC: 2025:KHC:38886 RSA NO.1630 OF 2016 THIS APPEAL COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL JUDGMENT This Appeal is preferred by the defendant No.6, challenging the judgment and decree dated 01st August, 2016 passed in Regular Appeal No.256 of 2013 on the file of the 5th Additional District and Sessions Judge, Hassan (for short, hereinafter referred to as 'First Appellate Court'), allowing the appeal and setting aside the judgment and decree dated 05th July, 2013 passed in Original Suit No.65 of 2006 on the file of the Principal Senior Civil Judge, Hassan (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiffs came to be dismissed. 2. It is submitted by the learned counsel appearing for the parties that the parties to the lis have arrived at a settlement and accordingly, they have filed compromise petition before this Court under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure stating that the parties to the appeal have amicably settled the matter in terms of the compromise petition. - 4 - HC-KAR NC: 2025:KHC:38886 RSA NO.1630 OF 2016 3. Parties to the lis are present before the Court and they have been identified by their respective counsels. Parties to the compromise petition have submitted that, they have entered into compromise on their own volition, without any force or fear and also submitted that there is no impediment to dispose of the appeal in terms of the compromise petition. 4. In view of the submission made by the learned counsel appearing for the parties, compromise petition filed on 25th September, 2025 before the Court is accepted and the appeal is disposed of in terms of the compromise petition. 5. Registry is directed to draw the decree in terms of compromise entered into between the parties. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 3 Sl No.: 32