- 1 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1697 OF 2010 (PAR) BETWEEN: SMT RAMAKKA, W/O LAKSHMAIAH, D/O DODDAPPAIAH, AGED ABOUT 53 YEARS, R/AT KUMBARPET, NEAR YELEPET GOVT SCHOOL, DODDABALLAPUR - 561 203, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI CHANDAN GOWDA PATIL, ADVOCATE) AND: 1. SMT ASHWATHAMMA, W/O THIMMAIAH, D/O DODDA APPAYANNA @ DODDAPPAIAH, R/AT 58/7, 15TH MAIN, RAJAJJINAGAR, BANGALORE - 560010. (SINCE DEAD BY HER LEGAL REPRESENTATIVES) 1(a) SRI THIMMAIAH, S/O MUNIYELLAPPA, AGED ABOUT 70 YEARS, (SINCE DEAD BY HIS LEGAL REPRESENTATIVES) 1(b) SRI MUNIRAJU, S/O THIMMAIAH, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 AGED ABOUT 57 YEARS, 1(c) SRI RAMESH, S/O THIMMAIAH, AGED ABOUT 52 YEARS, 1(d) SRI MAHESHA, S/O THIMMAIAH, AGED ABOUT 50 YEARS, 1(a) to 1(d) ARE ALL RESIDING AT 58/4, 15TH MAIN, RAJAJINAGAR, BANGALORE - 560 010. 1(e) MANJULA, W/O NATARAJ, AGED ABOUT 55 YEARS, YASASWINI NILAYA, WAR NO.2, WAPASANDRA, CHIKKABALLAPUR DISTRICT. …RESPONDENTS (BY SRI V F KUMBAR, ADVOCATE FOR R1(A-E), (R1-A DIED) THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT & DECREE DATED 19.06.2010 PASSED IN R.A.NO.173/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DODDABALLAPUR, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 08.10.2009 PASSED IN OS.NO.283/06 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), DODDABALLAPUR. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 ORAL JUDGMENT This appeal is arising from the judgment and decree dated 08.10.2009 in O.S. No.283/2006 on the file of Civil Judge, Senior Division, Doddaballapur. 2. The suit for partition was dismissed. Against the said judgment and decree in R.A.No.173/2009. The same appeal also bears one more number i.e., R.A. 79/2010 probably after transfer to another Court. Appeal was allowed and suit is decreed awarding half share to the plaintiffs. Hence, the defendants are before this Court. 3. Learned counsel for the appellant and respondents jointly submit that dispute between the parties is amicably settled and parties have entered into settlement. The compromise petition is filed incorporating the terms of the settlement. The Court has made an enquiry with the parties who are present before this Court and the parties submit that the dispute is amicably settled in terms of the settlement. - 4 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 4. It is further submitted by the legal representatives of the deceased plaintiff that they have received Rs.10,00,000/- towards the full discharge of their claim and when the Court has posed a specific question whether Rs.10,00,000/- is paid to all the legal representatives of deceased plaintiff together, they have jointly submitted that all of them together are entitled to receive Rs.10,00,000/- and it has been received. 5. After going through the terms and conditions, this Court does not find any impediment to accept the terms of the settlement. The impugned judgment and decree are modified in terms of the settlement. "MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII RULES 1 AND 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE. 1908. 1. The deceased Respondent filed suit bearing O.S.No.283/2006 for partition by metes and bounds and separate possession of the of the suit schedule property i.e., Land bearing Sy No.44 measuring 2 Acres situated - 5 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 Nagadenahalli, Kasaba Hobli, Doddaballapur Taluk, Bangalore Rural District. 2. The Civil Judge (Senior Division), Doddaballapur dismissed the above captioned suit vide its Judgment dated 08.10.2009. Being aggrieved by the same, the deceased Respondent preferred regular appeal vide RA No.173/2009. The appellant herein also filed cross objection vide RA No.79/2009. 3. The learned District Judge allowed the appeal vide RA No.173/2009 filed by the deceased Respondent and dismissed the cross objection vide RA 79/2009 filed by the appellant herein. 4. The learned Trial Judge set aside the judgment decree dated 08.10.2009 passed by Civil Judge (Senior Division), Doddaballapur in Os No.283/2010. Being aggrieved by the same, the appellant preferred the above captioned Regular Second Appeal i.e., R.S.A. No. 1697/2010. 5. The Original Plaintiff/Respondent died on 21.02.2016 leaving behind her LRs i.e., her husband, three sons and a daughter. The LRs of the deceased Respondent were brought on record in the above captioned R.S.A as - 6 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 Respondent No.1(a) to 1(e) vide order dated 19.07.2016. 6. The Appellant executed Registered General Power of Attorney vide GPA dated 30.08.2018 inter alia with respect to suit schedule property bearing Sy No.44. Thereafter, the Appellant executed Registered Gift Deed in favour of her son i.e., G L Uma Shankar vide Registered Gift Deed dated 23.12.2021. 7. Further to get the perfect title in relation to the suit schedule property, the GPA holder of the Appellant approached the Respondents i.e., Respondent No. 1(b) to 1(e) for releasing of shares, interests in the schedule property. The Respondent No. 1(b) to 1(e) agreed to release, renounce and relinquish their respective share, right, title, interest and claim in schedule property i.e., Sy No.44. 8. In pursuance of the foregoing, the GPA holder of the Appellant paid total consideration of Rs 10,00,000/-to the aforementioned respondents i.e., Rs. 2,50,000/- each to Respondent No.1(b) to 1(e). Accordingly, a registered release deed dated 03.10.2022 was executed between the appellant represented by GPA holder i.e., G L Uma Shankar and Respondent - 7 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 No.1(b) to 1(e) herein. Copy of Release deed dated 03.10.2022. is enclosed as Document No.1. 9. In view of the foregoing, the Appellant and Respondent No. 1(b) to 1(e) have arrived at mutually accepted settlement amongst themselves with an intention to put an end to their litigation and to buy peace. Hence, this application is being filed under Order XXIII Rules 1 and 3 of the Code of Civil Procedure, 1908 on the following terms: 9.1. The Respondents No. 1(b) to 1(e) have agreed to and pursuant thereto relinquish their right, title and interest over the aforementioned schedule property referred to in the Schedule hereto in terms of the registered Release Deed dated 03.10.2022. 9.2. The Respondent No.1(b) to 1(e) jointly and severally agree and concede that the aforesaid amount they have received as stated above would be in full and final settlement of all their claims in respect of the land released as stated in the schedule below. 9.3. The Respondent No. 1(b) to 1(e) collectively agreed to not file any suit/appeal/ - 8 - HC-KAR NC: 2025:KHC:26657 RSA No. 1697 of 2010 Judicial proceedings claiming right, title and interest in the schedule property or pursue any pending litigation in relation to suit schedule property. Therefore, the Appellant and the Respondent No. 1(b) to 1(e) humbly pray that this Hon'ble Court may be pleased to accept and record this compromise and pursuant thereto withdraw the above captioned R.S.A, as having been settled out of court, with no order as to costs, in the interests of justice and equity. SCHEDULE All that piece and parcel of the land bearing Sy No. 44 (New Sy No.44/5) measuring 1 Acre 39.12 Guntas, situated at Nagadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bangalore Rural, the same being bounded." 6. In terms of the above settlement, the appeal is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 37