- 1 - HC-KAR NC: 2025:KHC:38116-DB RFA No. 63 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 63 OF 2023 (PAR/INJ) BETWEEN: 1. SMT.MANGALAMMA W/O LAKSHMANAPPA, D/O VENKATAMUNIYAPPA, AGED ABOUT 31 YEARS, 2. SMT VENKATALAKSHMAMMA W/O KUMAR, AGED ABOUT 28 YEARS, BOTH ARE R/AT HONNAGANAHATTI VILLAGE, TAVAREKERE POST, TAVAREKERE HOBLI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK. …APPELLANTS (BY SRI. SHIVAKUMAR D.K, ADVOCATE) AND: 1. SRI.VENKATAMUNIYAPPA S/O LATE BYLAPPA, AGED ABOUT 65 YEARS, 2. SRI RAMESHA V S/O VENKATAMUNIYAPPA, AGED ABOUT 35 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38116-DB RFA No. 63 of 2023 3. SRI. GANGARAJU (DEAD) 4.. SMT BYALAHANUMAKKA W/O VENKATAMUNIYAPPA, AGED ABOUT 54 YEARS, DEFENDANT NO.1 TO 3 ARE R/AT HONNAGANAHATTI VILLAGE, TAVAREKERE HOBLI, MAGADI MAIN ROAD, TAVAREKERE POST BENGALURU-560 056 …RESPONDENTS (BY SRI. S. VIJAYAKUMAR, ADVOCATE FOR R2, R1, R3 - PARTY-IN-PERSON PRESENT BEFORE THE COURT ON 22.09.2025) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.11.2022 PASSED IN OS.NO.75/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE MAGADI, DISMISSING THE SUIT FOR PARTITION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:38116-DB RFA No. 63 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. It is submitted by the learned counsel appearing on either side that there is no objection to the amendment of the plaint by adding two properties and for minor corrections being effected in the memorandum of agreement with regard to the names of the parties. 3. In the above view of the matter, the amendment of the plaint is permitted to be carried out. The minor corrections are also permitted to be carried out in the memorandum of agreement as sought for. 4. The parties are present before the Court in person and are duly identified by learned counsel for the appellant as well as respondent No.1. 5. The settlement arrived at between the parties, which is reduced into writing in the memorandum settlement, is recorded. The appeal is decreed in terms of the compromise entered into between the parties. - 4 - HC-KAR NC: 2025:KHC:38116-DB RFA No. 63 of 2023 6. Decree shall be drawn up in terms of the compromise. The parties shall abide by the terms of compromise. 7. The Court fee, if any, shall be refundable as applicable on proper identification. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 58