- 1 - HC-KAR NC: 2025:KHC:33241 RSA No. 1044 of 2025 C/W RSA No. 533 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1044 OF 2025 (POS) C/W REGULAR SECOND APPEAL NO. 533 OF 2024 IN RSA No. 1044/2025 BETWEEN: MR. K. GOPAL, AGED ABOUT 60 YEARS, S/O V.B. KOTARI, DOOR NO. 393/15, ELECTRICAL SHOP, WARD NO. VIII, BHANDARKARS' COLLEGE COMPLEX, GROUND FLOOR, COLLEGE ROAD, VADERHOBLI VILLAGE, KUNDAPURA - 576 201 …APPELLANT (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: M/S BHANDARKARS' ARTS AND SCIENCE COLLEGE TRUST ®, KUNDAPURA, REPRESENTED BY ITS PRINCIPAL AND SECRETARY DR. N.P. NARAYANA SHETTY, AGED ABOUT 60 YEARS, SON OF P. MAHALINGA SHETTY, VADERHOBLI VILLAGE, COLLEGE ROAD, KUNDAPURA TOWN AND POST - 576 201 …RESPONDENT (BY SRI. AJITH A. SHETTY, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.04.2025 PASSED IN RA NO.63/2024 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA., DISMISSING THE APPEAL AND Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33241 RSA No. 1044 of 2025 C/W RSA No. 533 of 2024 CONFIRMING THE JUDGMENT AND DECREE DATED 23.08.2024 PASSED IN OS NO.106/2017 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KUNDAPURA. IN RSA NO. 533/2024 BETWEEN: MR. K. V. GIRISH HEBBAR AGED ABOUT 54 YEARS, S/O. K. V. K. VENKATESH HEBBAR, DREAMS COLLECTIONS, WARD NO. VIII, DOOR NO. 383/3, GROUND FLOOR, B.C. ROAD, COLLEGE COMPLEX, VADERHOBLE VILLAGE, KUNDAPURA TALUK AND DISTRICT-576 201. ...APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: BHANDARKARS ARTS AND SCIENCE COLLEGE TRUST (REG) REP. BY ITS TREASURER DR. H. SHANTARAM, AGED ABOUT 95 YEARS, TREASURER OF THE TRUST, B.C. ROAD, VADERHOBLI VILLAGE, KUNDAPURA TALUK AND POST-576 201. ...RESPONDENT (BY SRI. AJITH A. SHETTY, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.06.2023 PASSED IN R.A.NO.39/2022 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.10.2022 PASSED IN OS NO.58/2018 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KUNDAPURA. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33241 RSA No. 1044 of 2025 C/W RSA No. 533 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant and learned counsel for the respondent and authorised representative of the respondent, in both the appeals, are present. 2. After due deliberation, they submit a Compromise petition filed under Order XXIII Rule 3 of CPC, 1908, in both the appeals. 3. Contents of the compromise petition are read over to the parties, and they have agreed that the contents of the compromise petition depict true terms of the settlement, in both appeals. 4. They also submit that there is no force, undue influence or coercion in reaching out for the terms of the compromise petition, in both appeals. 5. Accordingly, there is no impediment for this Court to place the compromise petitions and dispose of the appeals in terms of the compromise petitions. - 4 - HC-KAR NC: 2025:KHC:33241 RSA No. 1044 of 2025 C/W RSA No. 533 of 2024 6. Hence, the following: ORDER i. The appeals stand disposed of in terms of the compromise petitions. ii. Office is directed to pass modified decree in terms of the compromise petitions, appending the copy of the compromise petitions as part of the decree, in both appeals. Sd/- (V SRISHANANDA) JUDGE rs List No.: 1 Sl No.: 64