- 1 - HC-KAR NC: 2025:KHC:26135 RFA No. 1119 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1119 OF 2022 (PAR) BETWEEN: 1. SHRI. APPAYYANNA S/O CHIKKANNAA AGED ABOUT 72 YEARS R/AT NO. 62, 1ST STAGE 3RD MAIN RAOD, BASAVESWARANAGAR BENGALURU-560 079. REPRESENTED BY HIS GPA HOLDER SHRI. T.G. CHANDRU S/O M. GOVINDAPPA AGED ABOUT 57 YEARS R/AT NO. 239, 1ST CROSS VIDYARANYAPURA BENGALURU-560 097. …APPELLANT (BY SRI. G.A. SRIKANTE GOWDA, ADVOCATE) AND: 1. SMT. DAKSHAYANAMMA W/O VEERABHADRAIAH AGED ABOUT 64 YEARS 2. SHRI. SHIVAKUMAR S/O LATE RUDRAIAH AND SMT. RATHNAMMA AGED ABOUT 33 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26135 RFA No. 1119 of 2022 3. SMT. AMBIKA D/O RUDRAIAH AND SMT. RATHNAMMA AGED ABOUT 33 YEARS R1 TO R3 ARE R/AT AMBIKA NILAYA LAYOUT THINDLU VILALGE, YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 092. 4. SHRI. LOKESH S/O LATE HIRIYANNA AGED ABOUT 54 YEARS R/AT SHANTHA LOKESH NILAYA GOWDARA BEEDI, THINDLU VILLAGE YELAHANKA HOBLI BENGALURU-560 0927 5. SMT. SHIVAMMA W/O NANA MURHTY @ NANAPPA AGED ABOUT 69 YEARS RA/T SHETTIGARAHALLI VILLAGE VOKLERI HOBLI, KOLAR TLAUK AND DISTRICT. [CAUSE TITLE AMENDED VIDE COURT ORDER] …RESPONDENTS (BY SRI. C.V. MANJUNATHA, ADVOCATE FOR R1 TO R3; SRI. CHANDRASHEKAR .N, ADVOCATE FOR R4; SRI. KANTHARAJA .V, ADVOCATE FOR R5; V/O/D 14.07.2025, NOTICE TO R6 TO R11 IS D/W) THIS RFA IS FILED UNDER SEC.96 R/W. SEC.151 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 25.02.2020 PASSED IN OS No.2360/2011 ON THE FILE OF THE IX ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26135 RFA No. 1119 of 2022 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT This appeal is filed by defendant No.4, who is the purchaser, challenging the preliminary decree passed in O.S. No.2360 of 2011, insofar as it pertains to Item No.1 of the suit schedule properties. 2. On the date of hearing, a joint compromise memo has been filed by plaintiffs 1 to 3 and defendants 1 and 3. As per the terms of the compromise, the plaintiffs and defendants 1 and 3 have received a total sum of Rs.1,10,00,000/- (Rupees One Crore Ten Lakhs only) by way of cheque. Learned counsel for the plaintiffs and defendants have submitted that the said cheque has been duly honoured and the amount has been credited to the respective accounts of the plaintiffs and the concerned defendants. 3. Upon perusal of the joint compromise memo and on interacting with the learned counsel appearing for the parties, this Court is satisfied that the settlement has been arrived at voluntarily, without any coercion, undue influence, or threat. It is clearly stated that the plaintiffs have relinquished all their - 4 - HC-KAR NC: 2025:KHC:26135 RFA No. 1119 of 2022 rights, title, and interest in respect of Item No.1 of the suit schedule properties in favour of the appellant/defendant No.4. The compromise petition is found to be lawful and is accordingly taken on record. 4. In view of the above, the judgment and preliminary decree passed in O.S. No.2360 of 2011 is modified insofar as it relates to Item No.1 of the suit schedule properties, in terms of the compromise entered into between the parties. It is clarified that the preliminary decree passed with respect to Item Nos.2 to 7 of the suit schedule properties shall remain undisturbed and continue to bind the parties. 5. The appeal is accordingly disposed of in terms of the compromise. 6. The Registry is directed to draw a modified decree in accordance with the terms of the compromise. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 2 Sl No.: 1