- 1 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 314 OF 2020 (PAR) BETWEEN: DODDATHIMAIAH S/O. KARI THIMMAIAH, AGE 62 YEARS, R/AT HULIBELE VILLAGE, HORALAGALLU POST, KANAKAPURA TALUK, RAMANAGARA DIST – 562117. …APPELLANT (BY SRI. PRASANNA D P., ADV.) AND: 1. THIMMAKKA W/O. BYATAGAIAH AGE ABOUT 81 YEARS R/AT DASEGOWDANADODDI MEDAMARANAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117. 2. BYATAGAIAH S/O. BYATAGAIAH @ KENGAIAH AGE ABOUT 53 YEARS R/AT HULIBELE VILLAGE HORALAGALLU POST KANAKAPURA TALUK RAMANAGARA DIST - 562 117. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 3. LAKSHMAN S/O. BYATAGAIAH @ KENGAIAH AGED ABOUT 45 YEARS R/AT DASEGOWDANADODDI MEDAMARANAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 4. PATLAMMA W/O. LAKSHMAIAH @ THAMAIAH AGED ABOUT 63 YEARS R/AT THERINADODDI VILLAGE VARALAGALLU POST KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 5. BYATARAJU W/O. LAKSHMAIAH @ THAMAIAH R/AT THERINADODDI VILLAGE VARALAGALLU POST KANAKAPURA TALUK RAMANAGAR DIST - 562 117. 6. LAKSHMAN S/O. LAKSHMAIAH @ THAMAIAH R./AT THERINADODDI VILLAGE VARALAGALLU POST KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 7. BYATAGAMMA D/O. LAKSHAMAIAH @ THAMAIAH W/O. MUNIYAPPA BHOVI AGED ABOUT 43 YEARS R/AT ACHAGULLI HOBLI ERANDAPPANAHALLI POST KODIGEHALLI HOBLI KANAKAPURA TALUK RAMANAGAR DIST - 562 117. - 3 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 8. LAKSHMI D/O. LAKSHMAIAH @ THAMAIAH W/O. GOVINDA AGED ABOUT 39 YEARS R/AT HEBBAKODI, KRISHNAPURA DODDI POST KALANCHA HOBLI RAMANAGARA TALUK AND DIST - 571 511. 9. KARIYAPPA S/O. BYATAGAMMA AGED ABOUT 60 YEARS R/AT HOUSE NO. 67 GUBBALA MARUTHINAGAR BANGALORE 560 078 10. GURUVAMMA D/O BYATAGAMMA AGED ABOUT 55 YEARS R/AT THERINA DODDI ORLAGALLU POST KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 11. RAJU S/O. LAKSHMAMMA AGE 47 YEARS R/AT CHIKKOPPA VILLAGE HOKUNDA POST UYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 12. LAKSHMAMMA D/O. LAKSHMAMMA W/O. DODDASIDDAPPA AGED ABOUT 48 YEARS R/AT GIRIGOWDANADODDI VILLAGE THATAGUPPE POST UTTRAHALLI HOBLI - 4 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 BENGALURU SOUTH TALUK BENGALURU 560 085. 13. CHIKKA PATLAMMA D/O LAKSHMAMMA W/O. DONDI PUJARI AGED ABOUT 45 YEARS R/AT THERINADODDI VILLAGE VARALAGALLU POST KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 14. MUNISWAMY S/O. LAKSHMAMMA AGED ABOUT 44 YEARS R/AT NO. 331 MANJUNATHA COLONY BSK 3RD STAGE BANGALORE - 560 085. 15. PATLAMMA D/O. LAKSHMAMMA AGED 46 YEARS R/AT RAMANAHALLI VILLAGE BIDADI HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 16. PUTTAMMA D/O. BYATAGAIAH @ KENGAIAH AGED ABOUT 49 YEARS R/AT DASEGOWDANADODDI VILLAGE MEDAMARANAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA - 562 117. 17. THULASAMMA D/O. BYATAGAIAH @ KENGAIAH - 5 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 AGED ABOUT 47 YEARS R/AT DASEGOWDANADODDI VILLAGE MEDAMARANAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DIST - 562 117. 18. BASAVARAJ S/O. GANGAPPA AGED ABOUT 49 YEARS R/AT MUNICIPAL HIGH SCHOOL ROAD JC LAYOUT, KANAKAPURA TOWN RAMANAGAR DIST 562 117 …RESPONDENTS (BY SRI. ANNAIAH C V., ADV. FOR R1 TO R3; R7, R12, R16 ARE SERVED; NOTICE TO R4-R6, R8-R11, R13-R15 AND R17 ARE DISPENSED WITH; SRI. DILIP D., ADV. FOR R18) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.06.2019 PASSED IN O.S.NO.165/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 6 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 ORAL JUDGMENT 1. Heard Sri Prasanna D.P, learned counsel for the appellant, Sri.Annaiah C.V, learned counsel for the respondents No.1 to 3 and Sri.Dilip.D, learned counsel for respondent No.18. 2. This Regular First Appeal is filed against the judgment and decree dated 04.06.2019 passed in O.S.No.165/2016 on the file of the Senior Civil Judge and JMFC Kanakapura, decreeing the suit for partition and possession. 3. During the pendency of the appeal, learned counsel for the respective parties submitted that the parties have settled the dispute amicably and filed an application – I.A No.1/2025 for compromise under Order 23 Rule 3 of the Code of Civil Procedure along with affidavits of appellant, respondents No.1 to 3 and 18. 4. The application for compromise is duly signed by the appellant, the respondents No.1 to 3 and respondent No.18 and their respective counsels. Paragraph No.3 of the application for compromise, which read thus: - 7 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 “The appellant and respondent No.1 to 3 and 18 above named submits as follows 1. It is submitted that, the plaintiff/ respondent 1 to 3 have filed a suit in OS No.: 165/2016 on the file of the Senior Civil Judge & JMFC at Kanakapura for the relief of partition of the family property including the properties sold in favour of the Respondent NO.18, / defendant no 15 and appellant/ defendant no 16. In respect of portion of the item No.3, portion of the item no.4, and item no. 7 of the suit scheduled property which were sold by the defendant No.1 to 14 and their ancestors. 2. It is further submitted that, since the suit of the plaintiffs/respondent No.1 to 3 is came to be decreed on 04-06-2019 by allotting the share of the properties already sold by the other defendants the appellant has challenged the same before this Hon'ble court and after service of notice the plaintiffs who claimed the share and effected parties i.e., appellant and respondent No.18 have settled their dispute amicably and the plaintiffs/respondent No.1 to 3 have agreed to accept a sum of Rs 4,50,000/- (Four Lakh fifty Thousand only in total as their share in the suit scheduled portion of the item no.3, portion of the item no.4 and 7 and relinquished their rights in the said properties concern and the appellant has not pressing the appeal against other properties since he has no interest in the said properties hence the appellant agreed to withdraw the appeal in respect to other properties concern. On - 8 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 such settlement the appellant and respondent No.18 herewith paid/furnished the D.D for a sum of Rs 4,50,000/-(Four Lakh fifty Thousand only in total and respondent No.1 to 3/plaintiffs have accepted the same as their full settlement in respect to below mentioned scheduled properties/suit scheduled portion of the item no.3, portion of the item no.4 and 7 and agreed to dismiss the suit in respect to portion of the item no.3, portion of the item no.4 and 7 in O.S. No. 165/2016 on the file of the Senior Civil Judge & JMFC at Kanakapura by allowing this appeal in the interest of justice and equity. 3. It is further submitted that, in the intervention of the well-wishers we have settled the issues out of the court and appellants have agreed to pay a sum of Rs 4,50,000/-(Four Lakh fifty Thousand only to the plaintiffs/respondent No.1 to 3 through demand drafts. i. DD for a Sum of Rs 1,00,000/- in No.237799 dated 24.06.2025 drawn on Union Bank, Kanakapura Sangam Road Branch in favour of Thimmakka/Respondent No. 1 ii. DD for a Sum of Rs 1,00,000/- in No 237802 dated 24.06.2025 and for a Sum of Rs 80,000/- in No 237800 dated 24.06.2025 both drawn on Union Bank, Kanakapura Sangam Road Branch in total for a sum of Rs Byatagaia/Respondent No.2. 1,80,000/- in favour of Byatagaia/Respondent No.2. - 9 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 iii. DD for a Sum of Rs 1,70,000/ in No.237801 dated 24.06.2025 drawn on Union Bank, Kanakapura Sangam Road Branch in favour of Lakshmana.B /respondent No.3 and the plaintiffs/respondent No. 1 to 3 have acknowledged the same and they have no objections to allow the appeal in respect to suit scheduled portion of the item no.3, portion of the item no.4 and 7 by setting aside decree. 4. It is further submitted that, the appellant will not press the appeal in respect to other properties, since the appellant NO.18 have purchased the portion of the item no. 3, portion of item No.4 and item no. 7 have purchased the suit scheduled Item No.4 and 7 only by paying the consideration under the registered sale deeds from the husband of the defendant No.1/respondent No.4 and appellant has no interest in what so ever manner in respect to other properties. WHEREFORE the appellant and respondent No.1 to 3 and 18 above named pray that this Hon'ble court be pleased to permit them to compromise the above appeal in respect to the suit scheduled portion of the Item No.3, portion of Item No. 4 and 7 and set aside the judgment and Decree in OS No.: 165/2016 on the file of the Senior Civil Judge & JMFC at Kanakapura Dated: 04-06-2019 in respect of compromise scheduled property, in the interest of justice. - 10 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 Suit scheduled Item no.3 All that piece and parcel of the land bearing sy.No.54/2 measuring 38 guntas, out of 1 acre 5 guntas situated at Thigalara Hosahalli Village, Kasaba Hobli, Kanakapura Taluk and bounded North by: Land of Marabhovi South by: Land of Laxmaiah Suit scheduled Item No.4 All that piece and parcel of the land bearing sy.No.54/4 measuring 1 acre 11 guntas out of 1 Acre 21 guntas, situated at Thigalara Hosahalli Village, Kasaba Hobli, Kanakapura Taluk and bounded on East by: Land of Laxmaiah West by: Land of Panchalingaiah North by: Land of Panchalingaiah South by: Land of Basavaraj G Suit scheduled Item No.7 All that piece and parcel of the land bearing Sy.No.54/6 measuring 0.16 1/2 guntas, situated at Thigalara Hosahalli Village, Kasaba Hobli, kanakapura Taluk and bounded on East by: Land of Basavaraju West by: Land of Chikkavadlabovi North by: Land of Laxmabovi South by: Land of Guruva Bovi” - 11 - HC-KAR NC: 2025:KHC:22747 RFA No. 314 of 2020 5. Having considered the submissions of the learned counsel for the respective parties and also the averments of the application for compromise, it is appropriate to record the compromise. 6. Accordingly, I proceed to pass the following: ORDER i) I.A No.1/2025 is allowed. Consequently, the Regular First Appeal stands disposed of in terms of the compromise. ii) Draw the decree accordingly. iii) No order as to costs. In view of disposal of the appeal, pending application does not survive for consideration and the same is also disposed of. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 40