- 1 - HC-KAR NC: 2025:KHC:37179 RSA No. 1014 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1014 OF 2017 (PAR) BETWEEN: 1. SMT GOWRAMMA W/O OF LATE GURUMURTHACHARI, AGED ABOUT 54 YEARS, 2. SRI SATHISHACHARI S/O LATE GURUMURTHACHARI AGED ABOUT 31 YEARS, 3. SRI MURTHICHARI S/O LATE GURUMURTHACHARI AGED ABOUT 28 YEARS, ALL ARE RESIDENTS OF MACHAVALAHALLI VILLAGE, KASABA HOBLI, GUDIBANDA TALUK, CHIKKABALLAPUR DISTRICT, PIN 561209 …APPELLANTS (BY SRI. C M NAGABUSHANA., ADVOCATE) AND: 1. 1a. SMT PARVATHAMMA SINCE DEAD BY LR'S SRI. PARAVESHA K AGED ABOUT 50 YEARS, S/O KRISHNACHARI AND H/O LATE PARVATHAMMA, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37179 RSA No. 1014 of 2017 1b. RESIDENT OF D. PALYA VILLAGE GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT PIN - 561208 SMT. KAVYA P AGED ABOUT 26 YEARS, W/O GOVINDACHARI D/O PARAVESHA K AND D/O LATE PARVATHAMMA RESIDENT OF NO.158, VENKATAPURA, GAURIBIDANUR TALUK, 2. SMT KANAKAMMA W/O NAGARACHARI AGED ABOUT 33 YEARS, RESIDENT OF NAVARATHNA AGRAHARA VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, PIN 562110 …RESPONDENTS (BY SRI. T. SRINIVASAN, ADVOCATE) [CAUSE TITLE AMENDED V/C/O DATED: 17.09.2025.] THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD: 03.02.2017 PASSED IN R.A.NO.55/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPUR., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD: 09.04.2008 PASSED IN OS.NO.75/2004 ON THE FILE OF THE CIVIL JUDGE(JR.DN.) AND JMFC., GUDIBANDA. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:37179 RSA No. 1014 of 2017 ORAL JUDGMENT This appeal is preferred by defendant No.2, and the legal representatives of defendant No.1 before the First Appellate Court, challenging the judgment and decree dated 03.02.2017 in RA No.55/2014 on the file of Additional Senior Civil Judge and JMFC, Chikkaballapura, allowing the appeal and setting aside the judgement and decree dated 09.04.2008 in O.S.No.75/2004 on the file of the Civil Judge (Jr.Dn) and JMFC, Gudibande, dismissing the suit of the plaintiff. 2. It is submitted by the learned counsel for the parties that, the parties have settled the matter and accordingly, application is filed under Order 23 Rule 3 of Code of Civil Procedure read with Section 151 of Code of Civil Procedure. 3. The parties are present before the Court and submitted that, the parties have settled the matter amicably. Taking into consideration the averments made in the compromise petition, the judgement and decree - 4 - HC-KAR NC: 2025:KHC:37179 RSA No. 1014 of 2017 passed by the Courts below is modified in terms of compromise petition. 4. Accordingly, the Regular Second Appeal is disposed of in terms of the compromise petition. Sd/- (E.S.INDIRESH) JUDGE SPV List No.: 1 Sl No.: 10