- 1 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 227 OF 2017 (PAR) BETWEEN: 1. SRI. DEAN DAYAL S/O LATE SRI. V. ANNAMALAI, AND SMT. RAJESHWARI, AGED ABOUT 59 YEARS, RESIDING AT NO.114, 12TH MAIN, 2ND CROSS, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050 2. SMT. MAHESHWARI D/O LATE SRI. V. ANNAMALAI, W/O SRI. SATHYANARAYANA MURTHY, AGED ABOUT 43 YEARS ASHWINI TRADERS, NO.1552/66, 2ND MAIN, BSK 1ST STAGE, BANGALORE - 560 050 …APPELLANTS (BY SRI. AMITH S, ADVOCATE) AND: SRI. MAHENDRA SINCE DEAD BY LR'S 1(A). SMT. M. AMBIKA W/O LATE MAHENDRA AGED ABOUT 41 YEARS Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 1(B). MS. AISHWARAYA LAKSHMI M D/O LATE MAHENDRA, AGED ABOUT 22 YEARS BOTH ARE RESIDING AT NO.2/1, 1ST MAIN ROAD, NEW THARAGUPET, BANGALORE - 560 002 …RESPONDENTS (BY SRI. SACHIDANANDA R. JAIN, ADVOCATE FOR SRI. R. KIRAN, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.08.2016 PASSED IN OS.NO.2737/2015 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This joint application under Order XII Rule 3 of the Code of Civil Procedure, 1908 is filed to pass the decree in terms of the compromise. The appellant No.1 and the respondents 1(a) and 1(b) are present in person before this court. 2. The application and the terms of the compromise have been signed by the appellant and the respondent Nos.1(a) and 1(b). 3. Parties have unequivocally said that they have entered into the compromise in terms of the settlement, which is part of the application filed under Order XXIII Rule 3 of CPC and they have put their signatures. It is further stated by the parties that they are bound by the terms of the settlement. 4. The relevant clauses of the agreement entered between the parties are extracted hereunder: - 4 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 “iv) The Appellant No.1herein namely Sri.Deena Dhayal has agreed to take the Eastern portion of the SCHEDULE-‘A’ PROPERTY hereunder which is bearing Municipal No.2/1, situated at 1st Main Road, New Tharagupet, Bengaluru-560 002, measuring East to West: 19.6’ feet and North to South: 30’ feet, totally measuring an extent of 585 Sq.ft., consisting of 2 shops in the Ground Floor and a residential house in the First Floor, which is more fully and more particularly described in the SCHEDULE-‘B’ hereunder. v) The Respondents No.1(a) & (b) namely Smt. Ambika.M. & Kum. Aishwarya Lakshmi.M., have agreed to jointly take the Western portion of the SCHEDULE-‘A’ PROPERTY hereunder which is bearing Municipal No.2/1, situated at 1st Main Road, New Tharagupet, Bengaluru-560 002, measuring East to West: 28’ feet and North to South: 30’ feet, totally measuring an extent of 840 Sq.ft., consisting of 2 shops in the Ground Floor and a residential house in the First Floor, which is more fully and more particularly described in the SCHEDULE-‘C’ hereunder. - 5 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 vi) The Appellant No.1shall HAVE AND HOLD the SCHEDULE-B’ PROPERTY hereunder and the Appellant No.1 shall be the absolute owner thereof. The Appellant No.1 in consideration of the allotment of the SCHEDULE-‘B’ PROPERTY to his exclusive share in the SCHEDULE-‘A’ PROPERTY does hereby grant, convey, release, relinquish all his right, title, share, interest and claim in respect of the SCHEDULE-‘C’ PROPERTY in favor of the Respondents No.1(a) & 1(b) absolutely and unconditionally forever. vii) The Respondents No.1(a) & (b) shall jointly HAVE AND HOLD the SCHEDULE-‘C’ PROPERTY hereunder and the Respondents No.1(a) &(b) shall be the absolute joint owners thereof. The Respondents No.1(a) & (b) in consideration of the allotment of the SCHEDULE-‘C’ PROPERTY to their exclusive share in the SCHEDULE-‘A’ PROPERTY do hereby grant, convey, release, relinquish all their respective right, title, share, interest and claim in respect of the SCHEDULE-‘B’ PROPERTY in favor of the Appellant No.1 absolutely and unconditionally forever. - 6 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 viii) In consideration of the portions of the properties and respective shares allotted to each of the parties, the said each of the parties hereby grant, convey, release, relinquish, transfer their respective right, title, interest and claim in respect of the share of the other parties absolutely and unconditionally forever. ix) The parties herein shall hold, possess and enjoy their respective portions absolutely against each other without any claim, demand or interruption whatsoever from the other parties. x) The parties herein do hereby confirm that each of them shall be the absolute owners of the respective portions/shares allotted to them under this deed and they shall have the absolute power to sell, mortgage, gift, lease, or create any sort of encumber, etc., in their respective portions/share of the properties allotted to each of the parties by virtue of this compromise petition. xi) The parties herein do hereby agree that they shall be entitled to realize the rents, profits, interest, etc., in respect of their respective portion of the allotted properties, without any kind of claim, demand or objection etc., from the other parties. - 7 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 xii) The parties herein shall be entitled to obtain the bifurcation of the khatha in respect of the SCHEDULE-‘A’ PROPERTY as per the allotments made under this Compromise and to obtain khatha for the respective portion from the BBMP. xiii) The Appellant No.1 herein has paid the municipal taxes in respect of the SCHEDULE-‘A’ PROPERTY to the concerned revenue authorities i.e. the BBMP from the past several years and has been looking after the maintenance of the SCHEDULE-‘A’ PROPERTY. Hence, towards the compensation for the same, the Respondents No.1(a) & 1(b) have paid a sum of Rs.5,00,000/- Rupees Five Lakhs Only) to the Appellant No.1 herein towards full and final settlement by way of post-dated Cheque bearing No.025406, dated:27.02.2026, drawn on Axis Bank, J.P.Nagar Branch, Bengaluru, before this Hon’ble Court, the receipt of which is duly acknowledged by the Appellant No.1 herein (subject to realization). The Respondents have specifically undertaken that the aforesaid cheque will be duly honored when it is presented for encashment. - 8 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 xiv) The Respondent unequivocally represents, warrants, covenants and undertakes before this Hon’ble Court that the aforesaid cheque shall, upon presentation, be duly honoured and encashed without demur, delay, obstruction or default and that the Respondent shall ensure that the said cheque is not dishonoured under any circumstances whatsoever. xv) It is expressly agreed that this Compromise Petition is being entered into, filed and acted upon by the Appellant No.1 solely relying upon the above representation and undertaking of the Respondents, which shall form an integral and indispensable part of the present settlement. xvi) In view of the present compromise, the Respondents No.1(a) & (b) hereby undertake to withdraw the Final Decree Proceedings No.3/2017 which is pending adjudication before the Hon’ble Additional City Civil Judge at Bengaluru City (CCCH-9). - 9 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 xvii) The Appellant No. 2 is only a formal party to the present appeal proceedings as the Appellant No.2 has no subsisting right, title or interest in the SCHEDULE-‘A’ PROPERTY as the Appellant No.2 has released and relinquished her share in the SCHEDULE-‘A’ PROPERTY in favor of the Appellant No.1 by executing the registered Release Deed dated:08.04.2015. xviii) The Appellant No.2 is presently suffering from chronic kidney-related ailments and is a highly diabetic patient and that she is required to undergo dialysis on alternate days and due to her fragile health condition and continuous treatment the Appellant No.2 is unable to personally appear before this Hon’ble Court. However, the Appellant No.2 herein conveys her no objection to the Appellant No.1 and the Respondents negotiating, entering into and filing this Compromise Petition before this Hon’ble Court to put an end to this family litigation”. 5. Considering the aforesaid submission, we allow the application filed through memo under Order XXIII Rule 3 of CPC. - 10 - HC-KAR NC: 2025:KHC:48101-DB RFA No. 227 of 2017 6. In compliance of the clause (xiii), the post dated cheque bearing 025406 dated 27.02.2006 drawn on Axis Bank, J.P.Nagar Branch, Bengaluru has been handed over to the appellant No.1 before the court. 7. In view thereof, we allow the application. Let decree be drawn in terms of the aforesaid agreement. Appeal is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE SS List No.: 1 Sl No.: 17