- 1 - HC-KAR NC: 2025:KHC:30423 RSA No. 304 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.304 OF 2023 (PAR) BETWEEN: SRI G A SOMASUNDAR S/O LATE G S APPANNASETTY, AGED ABOUT 78 YEARS, R/O NO.231, 12TH MAIN AMMA ASHRAMA ROAD GNANABHARATHI 2ND STAGE BENGALURU - 560056 …APPELLANT (BY SRI SUBRAMANYA PRASAD T V, ADVOCATE) AND: 1. G A SHARATHCHANDRA S/O LATE G S APPANNA SETTY, AGED ABOUT 73 YEARS, R/O GULURU VILLAGE, GULUR HOBLI, TUMKUR TALUK 2. H S SUKANYA W/O LATE G A INDHUDHAR, AGED ABOUT 67 YEARS, R/O GANGADHARESHWARA, KRUPA, 28TH CROSS, SIT EXTN. TUMKUR 3. G A DAYANIDHI S/O LATE G S APPANNA SETTY, AGED ABOUT 81 YEARS, R/O NO.08, SWASTHI 5TH CROSS, 6TH MAIN, POSTAL COLONY, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30423 RSA No. 304 of 2023 SANJAY NAGAR BANGALORE – 560 094 4. G A MALINI W/O T G RUDRAKUMAR, D/O LATE G .S APPANNA SETTY, AGED ABOUT 70 YEARS, R/O PARK ROAD SOMESHWARAPURAM TUMKUR 5. G A NALINI S/O LATE G S APANNA SETTY, AGED ABOUT 65 YEARS, R/O GULURU VILLAGE, GULUR HOBLI, TUMKUR TALUK …RESPONDENTS (BY SRI NARASIMHARAJU, ADVOCATE FOR R2; SRI SHANTH KUMAR.S.P, ADVOCATE FOR R1, R3 AND R5) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2022 PASSED IN R.A.No.42/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN FDP.No.2/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:30423 RSA No. 304 of 2023 ORAL JUDGMENT Parties present. 2. Sri Shanth Kumar S.P., learned counsel files vakalath for respondent Nos.1, 3 to 5. 3. Parties present with their respective advocates. Compromise petition under Order XXIII Rule 3 of the code of Civil Procedure signed by the parties is filed. 4. Contents of the compromise petition are read over to the parties in Kannada language and they admit that the terms of the compromise petition depict the true terms of settlement. 5. As per the terms of the settlement, respondent No.1 who has filed RSA No.746/2024 has withdrawn the said appeal by filing a memo. 6. They submit that there is no force or undue influence or coercion in reaching out the terms of the compromise. - 4 - HC-KAR NC: 2025:KHC:30423 RSA No. 304 of 2023 7. As such, there is no impediment for this Court to accept the terms of the compromise petition and dispose of the appeal in terms of the compromise petition. 8. Accordingly, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to pass the decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. (iii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 0