Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26513-DB RFA No. 313 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO.313 OF 2020 (PAR)
BETWEEN:
1. SMT. A. LALITHAMMA AGED ABOUT 66 YEARS D/O. LATE G. ASHWATHANARANAIAH W/O. SRI H. S. SATHYANARAYANA NO.46, 3RD MAIN ROAD OPPOSITE TO ASTA GANAPATHI TEMPLE MARUTHINAGARA, YELAHANKA BENGALURU - 560 064
2. SRI A. NAGARAJA RAO AGED ABOUT 64 YEARS S/O. LATE G. ASHWATHANARANAIAH NO.397, FIRST FLOOR, 19TH MAIN ROAD 1ST BLOCK, RAJAJINAGAR BENGALURU - 560 010. 3. SMT. SRIVALLI AGED ABOUT 62 YEARS D/O. LATE G. ASHWATANARANAIAH W/O. SRI. D. S. UMESH JOSHI NO.66, 2ND CROSS, VENKATESHWARA LAYOUT VISHWANEEDAM POST, HEROHALLI BENGALURU - 560 091. 4. SMT. A. SHAMANTHAKAMANI AGED ABOUT 58 YEARS
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:26513-DB RFA No. 313 of 2020
D/O. LATE G. ASHWATANARANAIAH W/O. SRI T. K. MANJUNATHA NO.31, 1ST CROSS, VENKATESHWARA LAYOUT VISHWANEEDAM POST, HEROHALLI BENGALURU - 560 091. NOW RESIDING AT:
No.55E, 14TH MAIN, INDUSTRIES AND COMMERCE LAYOUT VIJAYANAGAR, BENGALURU-560 040. …APPELLANTS
(BY SRI Y. V. PRAKASH FOR;
SRI Y. K. NARAYANA SHARMA, ADVOCATES)
AND:
1. A. GUNDU RAO SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVES
1(a) SMT. ANNAPOORNA AGED ABOUT 59 YEARS W/O. LATE A. GUNDU RAO NO.397, 19TH MAIN ROAD I BLOCK, RAJAJINAGAR BENGALURU - 560 010. 1(b) SRI G. BALASUBRAMANYA AGED ABOUT 39 YEARS S/O. LATE A. GUNDU RAO NO.397, 19TH MAIN ROAD I BLOCK, RAJAJINAGAR BENGALURU - 560 010. 2. DR. B. S. RAJANI AGED ABOUT 70 YEARS W/O. LATE K. B. RAGHAVENDRA RAO NO.397, PORTION OF GROUND FLOOR 19TH MAIN, 1ST BLOCK, RAJAJINAGAR
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HC-KAR NC: 2025:KHC:26513-DB RFA No. 313 of 2020
BENGALURU - 560 010. 3. SRI BHAWARLAL SINCE DECEASED, BY HIS LEGAL REPRESENTATIVES
3(a) SMT. TAMU BAI AGED ABOUT 65 YEARS W/O. LATE BAWARLAL
3(b) SRI DILIP KUMAR JAIN AGED ABOUT 42 YEARS S/O. LATE BAWARLAL
3(c) SRI VIMAL KUMAR JAIN AGED ABOUT 37 YEARS S/O. LATE BAWARLAL
ALL ARE AT SWASTIK TEXTILE SHOW ROOM NO.397, 19TH MAIN ROAD I BLOCK, RAJAJINAGAR BENGALURU - 560 010. …RESPONDENTS
(BY MS. VEENA J. KAMATH FOR;
SRI K. G. KAMATH, ADVOCATES FOR R-1(a) AND (b); SMT.
E. R. PANKAJAMANI, ADVOCATE FOR R-3(a) TO R-3(c);
NOTICE TO R-2 IS DISPENSED WITH VIDE
ORDER DATED 12.08.2022)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE
JUDGMENT AND DECREE DATED 26.02.2015 PASSED IN O.S.No.2631/2008 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
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HC-KAR NC: 2025:KHC:26513-DB RFA No. 313 of 2020
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
The compromise petition is filed by the parties in- terms of order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.
2. It is submitted by the
learned counsel appearing on either side that the parties have agreed to settle the entire dispute between them and that all the terms of the settlement are reduced to writing and are specifically mentioned in the compromise petition.
3. The parties are present before the Court and they are identified by their respective counsels.
4. In the above view of the matter, the compromise petition which contains all the details of the properties and the agreement entered into between the
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HC-KAR NC: 2025:KHC:26513-DB RFA No. 313 of 2020
parties and the proportion at which the proceeds are agreed to be shared between the parties is taken on record and accepted. Accordingly, the appeal stands
disposed of in-terms of the compromise.
5. Registry shall draw up the decree in accordance with the compromise.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
RAK List No.: 3 Sl No.: 1