- 1 - HC-KAR NC: 2025:KHC:32250 RSA No. 1026 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO.1026 OF 2013 (INJ) BETWEEN: 1. C.C. GANAPATHI S/O LATE CHINNAPPA, AGED ABOUT 64 YEARS, R/AT BLOCK NO.19, MADIKERI CITY, KODAGU DISTRICT-571 2O1. …APPELLANT (BY SRI. G BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. P.G. SOMANNA S/O LATE P.M. GANAPATHY AGED ABOUT 63 YEARS, R/AT BLOCK NO.19, SIDDAPUR ROAD, MADIKERI CITY, KODAGU DISTRICT-571 201. …RESPONDENT (BY SRI. M. ARUN PONAPPA, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.03.2013 PASSED IN REGULAR APPEAL NO.30/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AT MADIKERI CONFIRMING THE JUDGMENT AND DECREE DATED 22.03.2012 PASSED IN O.S.NO.45/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32250 RSA No. 1026 of 2013 MADIKERI, O.S.NO.45 OF 2011 BE DISMISSED AND THIS APPEAL BE ALLOWED, ETC. THIS APPEAL, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT 1. The appellant and the respondent are neighbors. The respondent herein filed O.S.No.45/2011 praying for a relief of permanent injunction restraining the appellant herein or any person claiming under him from interfering in the suit schedule property. The same was decreed on 22.03.2012. Aggrieved by the same, the appellant herein preferred RA No.30/2012 and the same has been dismissed. Aggrieved by the same, the present second appeal is filed. 2. The appellant is claiming certain rights over the property belonging to the respondent for better utilization of his own property. During the course of the proceedings, the parties have arrived at a compromise and a compromise petition dated 19.08.2025 has been filed - 3 - HC-KAR NC: 2025:KHC:32250 RSA No. 1026 of 2013 today. The same is taken on record. The appellant and the respondent are present before the court and they submit that they have agreed to the compromise. They are duly identified by their respective advocates and it is prayed that the second appeal may be disposed of in terms of the compromise. Hence, the following: ORDER (i) The second appeal is decreed in terms of the compromise and the judgments and decrees passed in O.S.No.45/2011 and R.A.No.30/2012 stand modified to that extent; (ii) Registry is directed to draw a decree in terms of the compromise petition; (iii) Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh.