- 1 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1253 OF 2013 (INJ) BETWEEN: 1. G RANGANATHA S/O D. GUTHYAPPA SINCE DEAD BY LEGAL REPRESENTATIVES 1(A) PRAVEEN KUMAR T M S/O MADANNA B GRANDSON OF LATE G RANGANATHA AGED ABOUT 28 YEARS R/O SIDDARTH HOUSE (KAVYA) D.C. BUNGLOW DOWN BESIDE JAIN TEMPLE SIRE GATE, TUMAKURU - 572 106 1(B) KAVYA SHRRE T.M. D/O MADANNA B GRAND DAUGHTER OF LATE G RANGANATHA W/O NANDEESH KUMAR E AGED ABOUT 31 YEARS R/O SIDDARTH HOUSE (KAVYA) D.C. BUNGLOW DOWN BESIDE JAIN TEMPLE SIRA GATE, TUMKUR - 572 106 1(C) G.R. RAJU S/O LATE G RANGANATHA AGED ABOUT 57 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 SINCE MENTALLY RETARDED REPRESENTED BY NEXT FRIEND MADANNA B. S/O LATE BARMAIAH AGED ABOUT 62 YEARS R/O SIDDARTH HOUSE (KAVYA) D.C. BUNGLOW DOWN BESIDE JAIN TEMPLE SIRA GATE, TUMKUR - 572 106. …APPELLANTS (BY SRI. GOPALA R., ADVOCATE FOR A1(A-C)(P/H)) AND: 1. SMT. N K USHA W/O JNANOBA RAO AGED ABOUT 56 YEARS R/O AYANUR VILLAGE, AYANUR POST SHIVAMOGGA TALUK-577 201 2. JNANOB RAO S/O LATE HANUMANTHAPPA AGED ABOUT 58 YEARS R/O AYANUR VILLAGE, AYANUR POST SHIVAMOGGA TALUK-577201 …RESPONDENTS (BY SRI. S V PRAKASH., ADVOCATE (P/H)) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 16.4.2013 PASSED IN R.A.NO.130/2011 ON THE FILE OF THE DISTRICT & SESSIONS COURT, PRESIDING OFFICER, FAST TRACK COURT-II, SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.3.2011 PASSED IN O.S.NO.250/2005 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE, SHIVAMOGGA. - 3 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant Nos.1(a), 1(b) and guardian of 1(c) and respondents are present before the Court and filed a compromise petition, which reads as follows: "1. The original Appellant /Plaintiff/ G. Ranganatha filed O.S 250 of 2005 on the file of the Court of II Additional Senior Civil Judge at Shivamogga against Respondents and others for mandatory injunction directing Defendants 1 and 2/Respondents to execute a registered sale deed as per the agreement dt: 31-1-1986 to sell the suit schedule property and for permanent injunction restraining the Respondents from interfering with Plaintiff's possession. Upon contest, the trial court by judgment dated: 22-3-2011 decreed the suit directing the respondent No 1 to execute a registered sale deed in favour of Plaintiff- G. Ranganatha and granted permanent injunction. On appeal by Respondents against the said judgment and decree of trial court in R.A No - 4 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 130/2011, the Court of Fast Track-II, Shivamogga by judgment and decree dt: 16-4- 2013 set-aside the said judgment and decree of trial court and dismissed the suit, against which Plaintiff- G.Ranganatha filed above second appeal before this Hon'ble High Court. 2. During the pendency of above second appeal, the Plaintiff-G.Ranganatha died and his L.Rs were brought on record as Appellant No 1 (a) (b) and (c), of which L.R / Appellant Nos 1 (a) and 1 (b) are respectively the son and daughter of Late G.R Puspha and this G.R Pushpa is the daughter of deceased Plaintiff-G. Ranganatha and L.R/Appellant No. 1 (c) - G.R.Raju is the son of plaintiff- G.Ranganatha. The Appellant No A1 (c)-G.R.Raju is mentally retarded and he is under care and custody of next friend Madanna. B., who is the husband of the aforesaid G.R. Puspha. 3. Both parties have amicably settled the above dispute and seek leave to file this compromise petition praying this Hon'ble court to pass judgment and decree in the following terms: A) The Respondents have agreed to pay Rs.17,00,000/-/- (Rupees seventeen - 5 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 lakhs) to present Appellants and Appellants 1 (a) to (c) have agreed to receive the same in lieu of and in full and final settlement of the suit claim in respect of the suit property. B) Out of the said amount of Rs 17,00,000/-, a sum of Rs 6,00,000/- (Rupees six Lakhs) is payable to L.R: A1 (a)-Praveen Kumar T.M as he has borne the expenses of case, and a sum of Rs 3,00,000/- (Rupees three lakhs) is payable to Appellant No 1 (b)- Kavya shree T.M. Remaining amount of Rs 8,00,000/- (eight lakhs) is payable to L.R: A1(c)-G.R Raju, represented by Madanna. B. C) The amount that shall be paid to L.R: A1(c) G.R Raju (since mentally retarded) represented by Madanna. B in a sum of Rs 8,00,000/- (eight lakhs) shall be invested in Fixed deposits in any of the Nationalised Bank with L.R. A1(a) - Praveen Kumar T.M. as Nominee for the said deposit amount and Next friend Madanna. B is entitled to withdraw the interest earned on such deposit amount periodically from the Bank and he shall - 6 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 utilize the same for day to day maintenance and medical expenses of L.R: A1(c)- G.R. Raju. D) In the event of demise of, or inability of Madanna to discharge responsibility as Next Friend/Guardian, the appellant No 1 (a) - Praveen Kumar T.M shall act as Next friend and shall take care, look after and maintain Appellant No 1(c) and thereupon the Appellant No 1 (a) shall be entitled to draw interest periodically from the Bank and spend for the maintenance and medical expenses of Appellant No 1(c) and in that event, after the demise of Appellant No 1 (c), the entire amount remaining in deposit in the Bank together with interest if any shall absolutely belong to and go to Appellant No 1(a)- Praveen Kumar.G, who is entitled to withdraw the same from the Bank. E) In the facts and circumstances of the case, the compromise entered in to is in the best interest of appellant No 1 (c) and this compromise is entered in to voluntarily and without any coercion or undue influence by any person/s. - 7 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 4. The Respondents shall pay the above amount apportioned above by tendering Bank Demand drafts within a period of 3 months from today and Appellants shall issue acknowledgment/ receipt upon such payment. The Appellant No 1 (b) hereby authorise Appellant No 1 (a) to receive the Bank D.D drawn in her favour and issue receipt on her behalf. This Hon'ble court may be pleased record the terms of compromise. 5. In view of the amicable settlement and subject to payment of above amount by Respondents 1 and 2, the Appellants give up their claim to the suit schedule property. 6. Wherefore it is prayed that this Hon'ble Court may be pleased to record the terms of this compromise petition and pass appropriate orders accordingly in the ends of justice and equity." 2. The contents of the compromise petition are read over and explained to them in kannada language, which is known to them. They have agreed to the terms and conditions mentioned in the compromise petition, and - 8 - HC-KAR NC: 2025:KHC:49499 RSA No. 1253 of 2013 pray to dispose of the appeal in terms of the compromise petition. 3. The compromise petition is taken on record. 4. The appeal is disposed of in terms of the compromise petition. 5. The office is directed to draw decree in terms of compromise petition. In view of disposal of the appeal, pending IAs., if any, do not survive for consideration, and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV