- 1 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1711 OF 2012 (PAR) BETWEEN: SMT. TAHIRA, W/O ABDULLA AGED ABOUT 43 YEARS R/AT BAHADOOR HOUSE HANUMAN NAGAR, BALTHILA VILLAGE BANTWAL TALUK, D.K. …APPELLANT (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. ISUBU S/O LATE MOHAMMAD AGED ABOUT 35 YEARS 2. SMT. BEEPATHUMA W/O LATE MOHAMMAD AGED ABOUT 70 YEARS 3. SMT. JOHARA W/O LATE MOHAMMAD AGED ABOUT 50 YEARS 4. SULLAIMAN S/O LATE MOHAMMAD AGED ABOUT 42 YEARS 5. ABOOBAKKAR S/O LATE MOHAMMAD AGED ABOUT 40 YEARS Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 6. SMT. MAIMUNA D/O LATE MOHAMMAD AGED 38 YEARS 7. SMT. AYISHA D/O LATE MOHAMMAD AGED 36 YEARS 8. SMT. ABUSA D/O LATE MOHAMMAD AGED 34 YEARS 9. SMT. MAMTAZ D/O LATE MOHAMMAD AGED 30 YEARS 10. KARUNNISA D/O LATE MOHAMMAD AGED 28 YEARS 11. IMTHIAZ S/O LATE MOHAMMAD AGED 26 YEARS 12. SMT. SAMEEMA D/O LATE MOHAMMAD AGED 25 YEARS 13. AREEF S/O LATE MOHAMMAD AGED 23 YEARS ALL ARE RESIDING AT KARANDADY HOUSE, SAJIPA MUNNOR VILLAGE, ALADI POST, BANTWAL TALUK D.K. DISTRICT 14. SMT. SALEEMA W/O UMMARABBA AGED 58 YEARS PILINJA HOUSE - 3 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 GOLTHAMAJALU VILLAGE AND POST BANTWAL TALUK, D.K. …RESPONDENTS (BY SRI. SHOBHITH N. SHETTY, ADVOCATE FOR RESPONDENT NOS.1 TO 13; NOTICE IS SERVED ON RESPONDENT NO.14) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.07.2012 PASSED IN R.A.NO.30/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.04.2011 PASSED IN O.S.NO.7/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., BANTWAL, D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT This second appeal is arising from the judgment and decree in O.S. No.7/2008 on the file of the Principal Civil Judge and JMFC., Bantwal, Dakshina Kannada. - 4 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 2. The plaintiff filed the suit for partition and separate possession awarding 1/4th share in the suit schedule properties. Defendant No.8 preferred an appeal in R.A.No.30/2011 on the file of the Senior Civil Judge and JMFC., Bantwal. The appeal was allowed and the judgment and decree passed by the Trial Court came to be set aside. Consequently, the suit is dismissed. 3. The plaintiff is before this Court assailing the judgment and decree passed by the First Appellate Court. 4. This Court vide order dated 26.11.2024, directed the matter to be referred to mediation at Mediation Centre, Bantwal. The mediation report is placed before the Court reporting the amicable settlement of the dispute. The plaintiff / appellant is present before the Court so also defendant No.8 / respondent No.1. The Mediator has submitted the report which also bears the thumb impression/s of defendant No.1/respondent No.2 and defendant No.14/respondent No.14. 5. Learned counsel for the appellant and the learned counsel for respondent Nos.1 to 13 are present before the - 5 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 Court. The appellant is present before the Court and so also respondent No.1. 6. The appellant submits that in consideration of payment of Rs.35,00,000/- which is transferred to the account of the appellant, the appellant has given up her entire claim over the properties in favour of Defendant Nos.1 to 13. 7. It is noticed that defendant No.14 who is not given any benefit under this settlement has signed the terms of the settlement by putting her thumb impression. 8. This Court has perused the terms and conditions of the settlement arrived at before the Mediator. After going through the terms of the settlement, this Court does not find any impediment to accept the settlement arrived at before the Mediation Centre at Bantwal. 9. The appellant who is present before the Court also submits that she has voluntarily agreed to the terms of the settlement and so also the respondent No.1 admits that he has voluntarily entered into the settlement. Hence, the Mediation - 6 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 report has to be accepted and the same is accepted. Hence, the following: ORDER i. The appeal is disposed of in terms of the settlement arrived at by the parties before the Mediation Centre, Bantwal. ii. The impugned judgment and decree dated 09.07.2012 passed by the Court of the Senior Civil Judge and JMFC., Bantwal, Dakshina Kannada, in R.A. No.30/2011 is modified in terms of the settlement arrived at by the parties before the Mediation Centre at Bantwal. iii. Registry to draw the decree in terms of the settlement arrived at. The decree shall be enclosed with the mediation report which shall be read as part of the decree. iv. Registry to send back the records to the Trial Court. - 7 - HC-KAR NC: 2025:KHC:26008 RSA No. 1711 of 2012 v. In view of disposal of the appeal, I.A. Nos.1/2021, 1/2013 and 1/2012 do not survive for consideration and the same are dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMA/List No.: 1 Sl No.: 1