- 1 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 422 OF 2016 (PAR/DEC) BETWEEN: SMT. SHANTHAKUMARI @ SHANTHAMMA.S, W/O SRI. N.NAGARAJ, AGED ABOUT 52 YEARS RESIDING AT GARUDACHARPALYA, MAHADEVAPURA POST, BENGALURU - 560 048. &APPELLANT (BY SRI. BHADRINATH R, ADVOCATE) AND: 1. SRI. SATISH S/O LATE SRINIVASAPPA, AGED ABOUT 35 YEARS, 2. SRI. LAKSHMIPATHI S/O LATE SRI. SRINIVASAPPA, AGED ABOUT 33 YEARS, RESPONDENTS NO.1 AND 2 ARE RESIDING AT KANNAMANGALA VILLAGE & POST, BIDARAHALLI HOBLI - 560 067 BENGALURU EAST TALUK. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 SRI MADVAPPA SINCE DEAD BY HIS LRS, 3. SRI. RAJIV S/O LATE MADAVAPPA, AGED ABOUT 33 YEARS, RESIDING AT KANNAMANGALA VILLAGE KANNAMANGALA POST, BIDARAHALLI HOBLI - 560 067 KADUGODI VIA, BENGALURU EAST TALUK. 4. SMT. SUMITHRAMMA D/O LATE MADAVAPPA, AGED ABOUT 35 YEARS, RESIDING AT ADUGONDANAHALLI VILLAGE, KALKUNTE AGRAHARA POST, HOSKOTE TALUK -562 114, BENGALURU RUAL DISTRICT. SRI RAMESH SINCE DEAD BY HIS LRS 5. SMT.SUNITHA.N, W/O LATE RAMESH, AGED ABOUT 48 YEARS, RESIDING AT SEEGEHALLI VILLAGE, KANNAMANGALA POST, BIDARAHALLI HOBLI - 560 067 BENGALURU EAST TALUK. 6. SRI MANJUNATHA S/O LATE CHOWDAPPA, AGE ABOUT 31 YEARS, RESIDING AT KANNAMANGALA VILLAGE, - 3 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 KANNAMANGALA POST, BIDARAHALLI HOBLI - 560 067 BENGALURU EAST TALUK. 7. SRI. SANTOSH BABU S/O LATE CHOWDAPPA, AGED ABOUT 28 YEARS, RESIDING AT KANNAMANGALA VILLAGE, KANNAMANGALA POST, BIDARAHALLI HOBLI - 560 067, BENGALURU EAST TALUK. 8. SRI. KRISHNA REDDY S/O LATE SRI. A. NARAYANA REDDY, AGED ABOUT 72 YEARS, R/AT GOREVEGERE VILLAGE, BIDARAHALLI HOBLI, BENGALURU - 560 067. (DELETED VIDE ORDER DATED 02.12.2025) &RESPONDENTS (BY SRI. A. DHARMESH, ADVOCATE FOR R1 TO R7; VIDE ORDER DATED 02.12.2025, R-8 IS DELETED) *** THIS RFA IS FILED U/S. 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2015 PASSED IN O.S. NO.229/2010 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DECREEING THE SUIT FOR PARTITION AND DECLARATION. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The appellant is represented by the Power of Attorney Holder, her son, Mr. Neetish Purushottama B.N. Copy of the Power of Attorney has been placed on record. 2. The parties are present along with their Advocates. The parties have been identified by their respective Advocates present. We have interacted with the appellant (Power of Attorney holder) and the respondents No.1 to 7, who have confirmed the terms of the agreement, part of the compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. 3. Considering the stand of the parties and the terms of compromise, part of compromise petition under Order XXIII Rule 3 of the CPC, we pass the judgment and - 5 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 decree in terms of the said compromise, which read as under. "8) Since the Respondents No.1 to 7 have spent huge sums on the litigation from the past 15 years, on their request and on the advise of the Panchayathdars, the Appellant has agreed to compensate the Respondents No.1 to 7 by paying, in all, a sum of Rs.5,24,99,995/- (Rupees Five Crore Twenty Four Lakhs Ninty Nine Thousand Nine Hundred Ninty Five Only) to Respondents No.1 to 7 as follows to Respondents No.1 to 7 as desired and as requested by them :- (a) Rs. 62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) Paid by DD No. 671841, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Satyanarayana S. Respondent No.1. (b) Rs. 49,99,999/- (Rupees Forty Nine Lakhs Ninty Nine Thousand Nine Hundred Ninty Nine Only) Paid by DD No. 671842, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Satyanarayana S. Respondent No.1. - 6 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 (c) Rs. 62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) Paid by DD No.671843, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Lakshmi Pathy S. Respondent No. 2. (d) Rs. 62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) Paid by DD No.671844, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Rajiv M. Respondent No.3. (e) Rs. 49,99,999/- (Rupees Forty Nine Lakhs Ninty Nine Thousand Nine Hundred Ninty Nine Only) Paid by DD No.671845, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Rajiv M. Respondent No.3. (f) Rs. 62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) Paid by DD No.671846, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of M. Sumithra Respondent No.4. (g) Rs. 41,66,666/- (Rupees Forty One Lakhs Sixty Six Thousand Six Hundred Sixty Six Only) Paid by DD No.671847, dated 25.11.2025, Drawn on - 7 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Sunitha Respondent No.5. (h) Rs. 41,66,666/- (Rupees Forty One Lakhs Sixty Six Thousand Six Hundred Sixty Six Only) Paid by DD No.671848, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Manjunath C. Respondent No. 6. (i) Rs. 41,66,666/- (Rupees Forty One Lakhs Sixty Six Thousand Six Hundred Sixty Six Only) Paid by DD No.671849, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Santhosh Babu Respondent No. 7. (j) Rs. 49,99,999/- (Rupees Forty Nine Lakhs Ninty Nine Thousand Nine Hundred Ninty Nine Only) Paid by DD No.671850, dated 25.11.2025, Drawn on Canara Bank, Mahadevpura SME Branch, Bangalore 560048, in favour of Santhosh Babu Respondent No.7. The Respondents No.1 to 7 acknowledge the receipt of the said payments. - 8 - HC-KAR NC: 2025:KHC:50427-DB RFA No. 422 of 2016 9) The Respondents No.1 to 7 admit, confirm, concede and declare that the Appellant is the absolute owner in possession of the suit property and they withdraw their claim in the suit property. They have no objection to allow the appeal by setting aside the judgment and decree dated 15.10.2015 passed in O.S.No.229/2010 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. 10) Wherefore, it is prayed that this Hon'ble Court may be pleased to allow the appeal, set aside the Judgement and Decree dated 15.10.2015 passed in O.S.No.229/2010 on the file of the II Additional Senior Civil Judge, Bangalore Rural District, Bangalore and dismiss the said suit, in the interest of justice and equity." Accordingly, the appeal stands disposed of. Let the decree be drawn in terms of the compromise. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BMV*/List No.: 1 Sl No.: 5