- 1 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 73 OF 2020 (PAR/POS) BETWEEN: SRI B P MUKUNDA REDDY S/O LATE PAPANNA REDDY AGED ABOUT 60 YEARS R/AT NO.187, 8TH CROSS BELLANDUR VILLAGE AND POST BENGALURU-560 103. …APPELLANT (BY SRI. G. V. SHASHI KUMAR., ADVOCATE) AND: 1. SRI B P BABU REDDY S/O LATE PAPANNA REDDY AGED ABOUT 50 YEARS 2. SMT. GANGOJAMMA @ GAYATHRI W/O B P BABU REDDY AGED ABOUT 47 YEARS BOTH ARE R/AT NO.9, GROUND FLOOR SRINIVASA DIAMOND APARTMENTS BELLANDUR MAIN ROAD BELLANDUR VILLAGE AND POST BENGALURU-560 103. …RESPONDENTS (BY SRI. SHIVASHANKAR S. K., ADVOCATE FOR R1 & R2) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 THIS RFA IS FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 21.09.2013 PASSED IN OS.NO.7383/2013 ON THE FILE OF THE C/C I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This present appeal is filed challenging the judgment and decree dated 21.09.2019 passed in O.S.No.7383/2013 by the I Additional City Civil and Sessions Judge, Bengaluru. 2. Learned counsel appearing for the parties submit that the parties have settled the matter and they have filed compromise petition, which reads as under: "1. That the Plaintiff/Appellant herein had filed a suit in O.S.No.7383/2013 before the 1st Additional City Civil & Sessions Judge, at Bengaluru (CCH-2), against the Defendant-1/Respondent No.1 herein for the relief of Partition and Separate possession of his legitimate share in the suit schedule property. - 3 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 2. The Plaintiff/Appellant herein is claimed ½ share in the suit schedule property, contending that after the death of father Sri. Papanna Reddy on 28/12/2004 intestate, the Plaintiff/Appellant and Defendant No.1/Respondent No.1 have succeeded to the estate of deceased Papanna Reddy and that they have put up two ACC sheet house and tenanted the same and enjoying the rents respectively. 3. The Defendant No.1/Respondent No.1 herein admitting the relationship of parties and acquisition of ownership by the father Papanna Reddy, further contended that, Sri. Papanna Reddy died leaving behind Will dated 03/09/2004, wherein he has bequeathed the suit schedule property in favour of his wife Smt. Gayathri @ Gangojamma. 4. That Smt. Gayathri @ Gangojamma was impleaded as Defendant No.2/Respondent No.2 herein and she claimed ownership over the suit schedule property, based on the aforesaid Will dated 03/09/2024 of late. Papanna Reddy. 5. The suit in O.S.No. 7383/2012 came to be dismissed as per judgment and decree dated 21/09/2019, passed by the 1st Additional City Civil & Sessions Judge, at Bengaluru (CCH-2), by opining that the Defendant No.2/Respondent No.2 herein has become owner of the suit schedule property by virtue of the will dated 03/09/2004 and as such plaintiff is not entitled for ½ share in the suit schedule property. The present appeal is filed challenging the aforesaid judgment and decree dated 21/09/2019 passed in O.S.No.7383/2012. 6. The subject matter of the dispute is property bearing No.16 and 17, Katha No.143/3, situated at Doddanekkundi Village, Varthur Hobli, Bengaluru South Taluk, now East Taluk, measuring East to West 30 feet and North to South 60 feet in all measuring 1800 square feet consisting of two A.C.C. sheet roof - 4 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 house measuring 12 x 16 feet each and bounded on the East by Property of Ajit and Balan now Abhinav, West by 20 feet Road, North by Property of Mukund Reddy and South by 30 feet Road, which is described as Schedule Property to this compromise petition. 7. At the intervention of the well-wishers and friends of the Appellant and the respondents to the appeal, the said parties have arrived at a settlement, which is detailed below, and the Plaintiff/Appellant and the Defendants/Respondents are accordingly submitting this compromise petition, requesting this Hon'ble court to record the same and set-aside the judgment and decree, allow this appeal, decree the suit in terms of this compromise petition. 8. The Plaintiff/Appellant and Defendants/Respondents unconditionally withdraw their rival allegations to facilitate this compromise. 9. The Plaintiff/Appellant and Defendant No.1/Respondent No.1 hereby admit and confirm their peaceful possession and enjoyment and allotment of their share in the Schedule property as per sketch annexed to the compromise petition in the following manner:- a) Plaintiff/Appellant is in exclusive possession and enjoyment of the property measuring East to West 30 feet and North to South 20 feet on the Northern side of the schedule property along with one ACC sheet house measuring 12 x 16 feet, and treat the same being allotted to his share, which is morefully described as Schedule A Property to the compromise Petition, shown as CDEF in the sketch. b) Defendant No.1/Respondent No.1 is in exclusive possession and enjoyment of the property measuring East to West 30 feet and North to South 40 feet on the Southern side of the schedule property along with one ACC sheet house measuring 12 x 16 feet, - 5 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 and treat the same being allotted to his share, which is morefully described as Schedule B Property to the compromise Petition, shown as ABCD in the sketch. 10. 10. The Defendant No.2/Respondent No.2 herein, admits and confirms that the plaintiff/Appellant and Defendant No.1/Respondent No.1 are in excusive possession, and enjoyment of properties described as Schedule A and B Properties to the compromise petition, after the death of their father ie., Papanna Reddy and they have put up ACC sheet houses and are receiving the rents from the tenants till date. 11. The Defendant No.2/Respondent No.2, further declares and concedes, that she has not acted upon in terms of the Will dated 03/09/2004 and not exercised any right, title, interest or possession over the schedule property on the basis of the aforesaid will to any extent at any point of time. 12. The Defendant No.2/Respondent No.2, further declares and admits that the plaintiff/Appellant and defendant No.1/Respondent No.1 have succeeded to the schedule property after the death of their father Papanna Reddy and they are in exclusive possession and enjoyment and exercising exclusive acts of ownership and possession over the properties described as Schedule A and B Properties to the compromise petition. 13. The Defendant No.2/Respondent No.2 further declares and concedes that she does not have any kind of right, title, interest, possession or claim over any portion of the schedule property to any extent whatsoever. 14. The Defendant No.2/Respondent No.2 hereby declares and undertakes, not to claim any kind of right, title, interest or possession against the plaintiff/Appellant and Defendant No.1/Respondent No.1, over the compromise petition schedule - 6 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 properties based on the Will dated 03/09/2004 to any extent whatsoever. 15. The Defendants/Respondents admit and declare that the Plaintiff/Appellant is in possession and enjoyment of Schedule A Property to the compromise petition and further declares that they do not have any kind of right, title, interest and possession over the Schedule A Property to the compromise petition, which is allotted the share of Plaintiff/Appellant to any extent whatsoever. 16. The Plaintiff/Appellant admits and declares that the Defendant No.1/Respondent No.1, is in possession and enjoyment of Schedule B Property to the compromise petition and further declares that he does not have any kind of right, title, interest and possession over Schedule B Property to the compromise petition, which is allotted to the share of Defendant No.1/Respondent No.1 to any extent whatsoever. 17. The Plaintiff/Appellant and Defendants/Respondents further undertake that they shall not have any future claim/s whatsoever to any extant whatsoever against each other over the schedule properties. 18. The Plaintiff/Appellant and Defendant No.1/Respondent No.1 are at liberty to get the transfer/change/rectify the revenue records in respect of their respective properties to their names In terms of this compromise petition and further undertake to co-operate with each other before the concerned authority. 19. The Plaintiff/Appellant and Defendant No.1/Respondent No.1 hereby agree, undertake, declare, confirm and acknowledge, the good right, full power and absolute authority and the title of each other to grant, convey, sell and transfer their - 7 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 respective Schedule Properties or to make a gift thereof, or otherwise deal with the same in any manner and or may think fit and proper and even without consent or concurrence or any reference to each other under any circumstances. 20. The Plaintiff/Appellant and Defendants/Respondents, declare that they have not done any act or deeds or things which will prejudice their respective rights in the schedule property. In case of any claims by the parties claiming under the Plaintiff/Appellant or Defendants/Respondents, the respective parties agree to answer the same and undertake to indemnify and keep indemnified the aggrieved parties from such claims and demands. 21. The Plaintiff/Appellant and Defendants / Respondents undertake to execute all other document/s or letter/s or no-objection etc., If necessary, Including registration, in order to give effect to the terms of this compromise petition. 22. The Defendant No.2/Respondent No.2 herein has no objection for allowing the present appeal and setting aside the judgment and decree dated 21/09/2019 passed in O.S.No.7383/2013 by the 1st Additional City Civil and Sessions Judge, at Bengaluru (CCH-2) and decree the suit in terms of compromise petition. 23. The parties herein admit and acknowledge that the above compromise is entered by them out of their free will and volition and the same is without any threat, coercion or undue influence and the terms of the compromise petition are read over and explained to them in Kannada language and they having understood the same have affixed their respective signatures to the compromise petition in full and final settlement of all their claims. - 8 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 Wherefore the Appellant and the Respondents humbly pray that this Hon'ble Court be pleased to accept the compromise petition, set aside the judgment and decree dated 21/09/2019 passed by the I Additional City Civil and Sessions Judge (CCH 2), Bengaluru, in O.S.No.7383/2013, allow the appeal and decree the suit in terms of the compromise petition, in the interest of justice and equity. SCHEDULE PROPERTY All that piece and parcel of property bearing No.16 and 17, Katha No.143/3, situated at Doddanekkundi Village, Varthur Hobli, Bengaluru South Taluk, now East Taluk, measuring East to West 30 feet and North to South 60 feet in all measuring 1800 square feet consisting of two A.C.C. sheet roof house measuring 12 x 16 feet each and bounded on the:- East by :- Property of Abhinav; West by :- 20 feet Road; North by :- Property of Mukund Reddy; South by :- 30 feet Road. SCHEDULE A PROPERTY (PROPERTY ALLOTTED TO THE SHARE OF PLAINTIFF/APPELLANT) All that piece and parcel of Northern portion of the property bearing No.16 and 17, Katha No.143/3, situated at Doddanekkundi Village, Varthur Hobli, Bengaluru South Taluk, now East Taluk, measuring East to West 30 feet and North to South 20 feet in all measuring 600 square feet consisting of one A.C.C. sheet roof house measuring 12 x 16 feet, which is shown as CDEF in the sketch and bounded on the East by :- Property of Abhinav; West by :- 20 feet Road; - 9 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 North by :- Property of Mukund Reddy (Appellant); South by :- Defendant No.1/Respondent No.1's Portion SCHEDULE B PROPERTY (PROPERTY ALLOTTED TO THE SHARE OF DEFENDANT NO.1/RESPONDENT NO.1) All that piece and parcel of Southern portion of the property bearing No.16 and 17, Katha No.143/3, situated at Doddanekkundi Village, Varthur Hobli, Bengaluru South Taluk, now East Taluk, measuring East to West 30 feet and North to South 40 feet in all measuring 1200 square feet consisting of one A.C.C. sheet roof house measuring 12 x 16 feet, which is shown as ABCD in the sketch and bounded on the East by :- Property of Abhinav; West by :- 20 feet Road; North by :- Plaintiff/Appellant's portion (Item No.1); South by :- 30 feet Road." 3. The parties are present in the Court today. 4. Learned counsel for the appellant is also present. The parties are duly identified and their Aadhaar Cards are also produced along with the compromise petition. - 10 - HC-KAR NC: 2025:KHC:42843-DB RFA No. 73 of 2020 5. In the above view of the matter, the compromise petition is taken on record. The compromise entered into between the parties and has reduced to writing, is recorded. The appeal is disposed of in terms of the compromise. The Registry shall draw up the decree accordingly. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 51