- 1 - HC-KAR NC: 2025:KHC:34684 RSA No. 1980 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1980 OF 2016 (DEC) BETWEEN: 1. SRI. RANGANATHA S/O LATE HIRIYANNAIAH AGED ABOUT 62 YEARS 2. SMT. D.R. KALPANA W/O D R RANGANATHA AGED ABOUT 60 YEARS 3. SRI. PHANINDRA R. NADIG S/O D.R. RANGANATHA AGED ABOUT 32 YEARS ALL ARE R/AT FORT EXTENSION AGRAHARA HOSAMANE EXTENSION CHIKKAMAGALURU. …APPELLANTS (BY SRI. ANOOP HARANAHALLI, ADVOCATE) AND: 1. SRI. NAGENDRA PRASAD S/O LATE V S SUBBU @ VENKATASUBBAIAH AGED ABOUT 52 YEARS COFFEE PLANTER R/AT NO E-76, NEAR C K S HIGH SCHOOL HASSAN - 573201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34684 RSA No. 1980 of 2016 2. SMT. H.V. VASANTHALAXMI D/O LATE V.S. SUBBU @ VENKATASUBBAIAH AGED ABOUT 47 YEARS R/AT DOOR NO.542, 3RD CROSS, 1ST STAGE M BLOCK, KUVEMPUNAGARA MYSURU - 23. REPRESENTED BY GPA HOLDER SRI NAGENDRA PRASAD. …RESPONDENTS (BY SRI. M.N. MADHUSUDHAN, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 17.09.2016 PASSED IN R.A. NO.14/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.02.2015 PASSED IN O.S. NO.75/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CHIKKAMAGALURU. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34684 RSA No. 1980 of 2016 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. This appeal is preferred by the defendant Nos. 1 to 3 in O.S.No.75/2009, assailing the Judgment and Decree dated 17.09.2016 in R.A.No.14/2015, on the file of Prl. District Judge at Chikkamagaluru, allowing the appeal and setting aside the judgment and decree dated 03.02.2015 in O.S.No.75/2009, on the file of Prl. Senior Civil Judge, Chikkamagaluru, dismissing the suit of the plaintiffs. 2. Learned counsel appearing for the parties submitted that the parties to the lis have settled the matter amicably and accordingly, application is filed under Order XXIII Rule 3 read with Section 151 of CPC. 3. Appellant Nos.1 and 3 are present before the Court. Appellant No.2 is the wife of appellant No.1 and it is submitted that, power of attorney is filed on behalf of appellant No.2, before the Court below to prosecute the proceedings, and same is accepted by the learned counsel for the parties. - 4 - HC-KAR NC: 2025:KHC:34684 RSA No. 1980 of 2016 4. Respondent No.1 is present before the Court and submits that power of attorney is filed on behalf of respondent No.2, before the Court below to prosecute the proceedings, and same is accepted by the learned counsel for the parties. 5. Parties have submitted that they have settled the matter in terms of the Compromise Petition filed before this Court today. They submit that there is no force or undue influence in filing the Compromise Petition, seeking disposal of the lis between the parties as per the Compromise Petition. The Compromise Petition is supported by the sketch appended to the petition and same is part of the Compromise Petition. 6. Having taken note of the submissions made by the learned counsel appearing for the parties and on careful examination of the Compromise Petition filed by the parties, would indicate that out of the total extent of land stated in the schedule property, schedule A property has been allotted to the appellants herein and schedule B property has been allotted to the respondents. 7. In that view of the matter, the Compromise Petition filed by the parties is hereby accepted and the Judgment and decree - 5 - HC-KAR NC: 2025:KHC:34684 RSA No. 1980 of 2016 passed by the Courts below shall stand modified in terms of the Compromise Petition dated 03.09.2025. 8. Registry is directed to draw Decree accordingly. 9. The Regular Second Appeal stands disposed of as above. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 52