- 1 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 65 OF 2016 (PAR) BETWEEN: SRI SRINIVASA AGED ABOUT 43 YEARS, S/O MUTHAPPA, R/AT NO. 204, WARD NO.84, KRISHNAIAHNAPALYA, BENGALURU - 560 038. …APPELLANT (BY SRI NARASIMHA MURTHY K., ADVOCATE) AND: 1. SRI MUTHAPPA S AGED ABOUT 76 YEARS, S/O SUBBARAYAPPA, R/AT JUGANAHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. 2. SMT. PADMA M., AGED ABOUT 47 YEARS, D/O MUTHAPPA, W/O NARAYANSWAMY, R/AT SULADHENAHALLI, CHINNASANDRA POST, CHINTHAMANI TALUK, KOLAR DISTRICT - 563 125. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 3. SMT. ARANI M., AGED ABOUT 35 YEARS, D/O MUTHAPPA, W/O MARKANDAPPA, R/AT VOKKALERI VILLAGE & POST, KOLAR TALUK AND DISTRICT - 563 130. …RESPONDENTS (BY SRI VARUN P., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.10.2015 PASSED IN OS NO.6434/2006 ON THE FILE OF THE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 23), DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL IS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 ORAL JUDGMENT Challenging judgment and decree dated 05.10.2015 passed by XXV Addl. City Civil and Sessions Judge (CCH-23), Bengaluru, in O.S. no.6434/2006, this appeal is filed by defendant. 2. It was submitted, during pendency of appeal, by order dated 16.06.2025, matter was referred for mediation. Parties have participated in mediation, which has resulted in settlement and terms of which are drawn in agreement placed before Court and prayed that appeal may be disposed of in terms of settlement. 3. Terms of settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES 2005. The parties above named submit as follows:- The present appeal has been filed by Srinivas, who was the defendant in O.S No.6434/2006 on the file of XXV Addl. City Civil and Sessions Judge, Bengaluru City (CCH-25). The said suit having been filed for partition by the respondents herein, the Hon'ble Court was pleased to decree the suit declaring that the respondents are entitled to 1/4th share each in all the suit schedule properties. - 4 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 I. In the course of mediation, the parties have resolved their dispute and have agreed to the following terms and conditions. 1. The suit schedule properties are situated at Krishnaiahnapalya, Bengaluru-560038. 2. The respondents have agreed to relinquish and convey all their rights, title, interest and claim in all the suit schedule properties morefully described in item No.1, 2 and 3 in the suit bearing O.S. No.6434/2006 in favour of the appellant. Consequently the entire suit schedule properties shall stand allotted to the appellant as his exclusive share in the partition. 3. The appellant has agreed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) each to 2nd and 3rd respondent/sisters as their respective shares in the partition. The said sum is being paid in two tranches, partly in cash and partly through demand draft on 21.08.2025 and 11.09.2025 before the Hon'ble High Court of Karnataka. If the appellant fails to payment as agreed the respondents are at liberty to approach the Hon'ble Court and seek appropriate relief as they are entitled to. 4. The appellant has further agreed to pay a sum of Rs.2,000/-(Rupees Two Thousand Only) to the 1st respondent/father through out the lifetime of the 1st respondent/father. The said sum shall be credited to the savings bank account no. 1295101008710 of the 1st respondent being maintained at Canara Bank, Vokkleri Branch, Kolar on the 15th of every calendar month without fail. The said sum is agreed to constitute as full and final share of the 1st respondent in lieu of partition. And is not to be construed as maintenance or a recurring liability. If he fails to deposit the amount as agreed the 1st respondent/father shall be at liberty to seek for partition in the properties. - 5 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 5. All the parties have agreed to co-operate with each other in getting the Katha and other revenue documents of the suit schedule properties to the name of the appellant. 6. The parties confirm that the schedule properties in O.S. No. 6434/2006 are the only joint family property and no other immoveable property or moveable property are in the possession of the parties. II. The parties to the above appeal pray that this Hon'ble Court be pleased to draw a final decree in terms of the above settlement. III. Parties have agreed to move a memo for reporting the above settlement before the Hon'ble Court for passing necessary orders in terms of the above agreement." 4. Parties are present and identified by their respective counsel. On interaction, they stated, terms of compromise have been explained to them and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion and/or undue influence from anyone. 5. In terms of compromise, appellant has handed over two demand drafts bearing nos.406772 and 406773 both dated 20.08.2025 for Rs.5 Lakhs each drawn in favour of respondents no.2 and 3-sisters as per para 3 of agreement. It is submitted, apart from same, balance amount of Rs.10 Lakhs each to - 6 - HC-KAR NC: 2025:KHC:33499 RFA No. 65 of 2016 respondents no.2 and 3 would be paid on or before 11.09.2025 and as per para 4 of agreement, Rs.2,000/- per month would be paid to respondent no.1-father throughout his lifetime. 6. I have perused terms of settlement and same are found to be lawful. Compromise petition is taken on record. Appeal is allowed in terms of and to extent of compromise petition, judgment and decree passed by trial Court is modified accordingly. 7. Registry to draw decree incorporating terms of compromise. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 55