- 1 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.759 OF 2024 (PAR) BETWEEN: SRI M VENUGOPAL SON OF SRI M. RAMAKRISHNA, AGED ABOUT 53 YEARS, NO.2, HOUSING BOARD COLONY, 1ST CROSS, NANJANAGUD-571 301, MYSORE DISTRICT. …APPELLANT (BY SRI VENKATESH S ARBATTI, ADVOCATE) AND: 1. SMT SUMALATHA WIFE OF SRI. C. KUMAR, AGED ABOUT 38 YEARS, RESIDING AT NO.422, HINKAL VILLAGE, HUNDI ROAD, MYSORE DISTRICT-570 017. 2. SMT. NANJAMMA WIFE OF SRI PACHEGOWDA, AGED ABOUT 74 YEARS, THANDARPUR VILLAGE, NANJANAGUD TALUK, MYSORE DISTRICT-570 008. 3. SMT. BEERAMMA WIFE OF LATE RANGASWAMY, AGED ABOUT 66 YEARS, 737, 2ND CROSS, 4TH MAIN, VIDYARANYAPURAM, MYSURU-570 008. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 4. SMT. MANGALAMMA WIFE OF H.L.A MAHDEV, SSY, AGED ABOUT 60 YEARS THANDAVAPURA VILLAGE, CHIKKAIYANA CHATRA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-570 008. 5. SMT. NAGARATHNA WIFE OF LATE MARAPPA, AGED ABOUT 55 YEARS, THANDAVAPURA VILLAGE, CHIKKAIYANA CHATRA HOBLI, MYSURU DISTRICT-570 008. 6. SRI. NANJUNDAIAH SON OF NANJEGOWDE, SINCE DEAD BY HIS LRS., SMT. JAYAMMA WIFE OF LATE NANJUNDAIAH, AGED ABOUT 56 YEARS, 7. KUM. RADHA DAUGHTER OF LATE NANJUNDAIAH, AGED ABOUT 42 YEARS, 8. SRI. RAVI KUMAR SON OF LATE NANJUNDAIAH, AGED ABOUT 41 YEARS, 9. SRI. N. JAGDISH SON OF LATE NANJUNDAIAH, AGED ABOUT 39 YEARS, 10. KUM. PUSHPA DAUGHTER OF LATE NANJUNDAIAH, - 3 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 AGED ABOUT 35 YEARS, 11. SRI. GOPAL SON OF LATE NANJEGOWDA, AGED ABOUT 70 YEARS, 12. SMT. MAHADEVAMMA WIFE OF GOPAL, AGED ABOUT 65 YEARS, 13. SMT. LEELAVATHI DAUGHTER OF GOPAL, AGED ABOUT 28 YEARS, 14. SRI. MAHESH SON OF GOPAL, AGED ABOUT 25 YEARS, 15. KUM. LAKSHMI DAUGHTER OF GOPAL, AGED ABOUT 25 YEARS, 16. SRI. KRISHANA SON OF GOPAL, AGED ABOUT 23 YEARS, SRI. PUTTASWAMY SON OF LATE NANJEGOWDA, SINCE DEAD BY LRS., 17. SMT. SAKAMMA, WIFE OF LATE PUTTASWAMY, AGED ABOUT 70 YEARS, 18. SRI. PRATAP - 4 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 SON OF LATE PUTTASWAMY, AGED ABOUT 28 YEARS, 19. KUM. PRATHIMA DAUGHTER OF LATE PUTTASWAMY, AGED ABOUT 27 YEARS, 20. SRI. MAHADEV SON OF NANJEGWDA, AGED ABOUT 66 YEARS, 21. SMT. INDRAMMA WIFE OF LATE MAHADEVA, AGED ABOUT 61 YEARS, 22. KUM. GEETHA DAUGHTER OF MAHADEVA, AGED ABOUT 35 YEARS, 23. SRI. HARISHA SON OF LATE MAHADEVA, AGED ABOUT 34 YEARS, 24. SRI. NAGENDRA SON OF LATE NANJEGOWDA, AGED ABOUT 55 YEARS, 25. SMT. SAVITRI WIFE OF NAGENDRA, AGED ABOUT 52 YEARS, 26. SRI. RAGHU SON OF NAGENDRA, AGED ABOUT 35 YEARS, - 5 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 27. SRI. CHANDRASHEKAR SON OF NAGENDRA, AGED ABOUT 28 YEARS, 28. SMT. MALAMMA WIFE OF LATE NANJEGOWDA, AGED ABOUT 88 YEARS, 29. SRI. SHIVANANJA SON OF LATE NANJEGOWDA, AGED ABOUT 49 YEARS, 30. SMT. LAKSHMI WIFE OF SHIVANANJA, AGED ABOUT 47 YEARS, 31. SRI. SHEKAR SON OF SHIVANANJA, AGED ABOUT 29 YEARS, 32. SRI. JEEVAN SON OF SHIVANANJA,, AGED ABOUT 27 YEARS, (RESPONDENTS 6 TO 32 ARE RESIDING AT NO. 218, SEWAGE FARM ROAD, KANAKAGIRI, VIDYARANYAPURA, MYSORE-570 008. …RESPONDENTS (BY SRI G.B.SHARATH GOWDA, ADVOCATE FOR R2 TO R5; NOTICE TO R7 TO R24, R26 TO R32 IS DISPENSED WITH VIDE ORDER DATED 30.06.2025) - 6 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.01.2024 PASSED IN R.A No.170/2021 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.09.2021 PASSED IN O.S No.2076/2009 ON THE FILE OF XI ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri Venkatesh S. Arbatti, learned counsel for the appellant and Sri G.B.Sharath Gowda, learned counsel for respondent Nos.2 to 5. 2. Parties present. A compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure is presented, signed by the parties and their respective advocates. 3. The decree passed in O.S.No.2076/2009 came to be decreed in part and plaintiff Nos.2 to 5 who are respondent Nos.2 to 5 in this appeal were granted 1/11th share. 4. As against plaintiff No.1 who is respondent No.1 herein, suit came to be dismissed and so also, the sale deed dated - 7 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 12.08.2004 was held to be not binding on plaintiff Nos.2 to 5 who are respondent Nos.2 to 5 before this Court. 5. Sale deed was held to be binding on plaintiff No.1 and defendant Nos.1 to 29 and 30. 6. Defendant No.30 filed an appeal on the file of the III Addl. Senior Civil Judge and CJM, Mysuru, in R.A.No.170/2021 as against plaintiffs and other defendants. 7. Learned Judge in the First Appellate Court after securing the records heard the arguments of the parties and by the judgment dated 25.01.2024 dismissed the appeal of defendant No.30 so also the appeal filed by plaintiff No.1. 8. Thus decree of the Trial Court became final as against first plaintiff. 9. As per the compromise terms, defendant No.30 who is appellant before this Court wants to get the rights of plaintiff Nos.2 to 5 i.e., respondent Nos.2 to 5 relinquished in his favour by executing Deed of Confirmation before the Sub Registrar. - 8 - HC-KAR NC: 2025:KHC:28973 RSA No. 759 of 2024 10. In fact, 5th respondent has already done so in FDP No.15/2024. 11. Terms of the compromise petition read over to the parties and they submit that there is no force or undue influence in reaching out the terms of the compromise. 12. Accordingly, there is no impediment for this Court to accept the compromise and dispose of the appeal in terms of the compromise petition. 13. Appeal stands disposed of in terms of the compromise petition. 14. Office to pass modified decree appending copy of the compromise petition as part of the decree. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 24