- 1 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1018 OF 2009 (SP) BETWEEN: 1. SRI BYTAPPA SINCE DEAD BY HIS LRS CHOWDAMMA SINCE DEAD BY HER LRS, DIED ON 30.10.2023 2. SMT SAROJAMMA D/O LATE BYATAPPA, AGED ABOUT 69 YEARS, R/AT SUGATUR VILLAGE, KOLAR TALUK, KOLAR DISTRICT. 3. SRI RAMANJINAPPA S/O LATE BYATAPPA, R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. 4. SMT GOWRAMMA D/O LATE BYATAPPA AGED ABOUT 67 YEARS, R/AT DODDAHULLUR VILLAGE, KASABA HOBLI , HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. 5. SMT SHARADAMMA S/O LATE BYATAPPA Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 AGED ABOUT 65 YEARS R/AT VANCHANAHALLI VILLAGE, JADIGENEHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. 6. SMT RADHAMMA D/O LATE BYATAPPA, AGED ABOUT 62 YEARS, R/AT YAMANGUR VILLAGE, JANGAMAKOTE HOBLI, SODDLAGHATTA TALUK, KOLAR DISTRICT. 7. SMT RUKMANIYAMMA D/O LATE BYATAPPA, W/O UMESHA R/AT BALAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. 8A. 8. SRI APPAJI GOWDA SINCE DEAD BY HIS LRS SMT. PREMA KUMARI W/O. LATE APPAJI GOWDA AGED ABOUT 52 YEARS 8B. 8C. SMT. DEEPIKA D/O. LATE APPAJI GOWDA AGED ABOUT 30 YEARS SMT. SWAPNA D/O. LATE APPAJI GOWDA AGED ABOUT 27 YEARS RESPONDENTS NO.8A TO 8C ARE R/AT MUGABALA VILLAGE JADIGENAHALLI HOBLI HOSKOTE TALUK, BANGALORE RURAL DSITRICT. - 3 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 9A. 9B. 9C. 9. SRI NARAYANA GOWDA SINCE DEAD BY HIS LRS SMT. MANJULA W/O. LATE NARAYANA GOWDA AGED ABOUT 46 YEARS KUM. SPOORTHI D/O. LATE NARAYANA GOWDA AGED ABOUT 20 YEARS KUM. NAVANEETHA D/O. LATE NARAYANA GOWDA AGED ABOUT 15 YEARS NO.9(C) IS REP. BY HER NATURAL GUARDIAN MOTHER SMT. MANJULA 10. SRI RAVI S/O LATE BYATAPPA AGED ABOUT 52 YEARS APPELLANTS NO. 9(A) TO 9(C) AND APPELLANT NO.10 ARE RESIDING AT NO.133, WARD NO.9 SUGNANANAGARA, VIJIPURA, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT …APPELLANTS (BY SRI. KALYAN R., ADVOCATE FOR A1-A3 & A5-A10 (NOC)) AND: 1. SMT PREMA KUMARI SINCE DEAD BY HER LRS 2. M NANDA KISHORE S/O LATE M. K MUNEGOWDA - 4 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 AGED ABOUT 63 YEARS 3. SRI M PRASHANTH S/O LATE M K MUNE GOWDA AGED ABOUT 47 YEARS BOTH ARE R/AT NO.4/1, 1ST MAIN, GANGANAGAR EXTENSION, BANGALORE - 560 032 …RESPONDENTS (BY SRI. P M NARAYANASWAMY, ADVOCATE FOR C/R2 TO R3 VIDE ORDER DATED 21.09.2021, R2 AND R3 ARE TREATED AS LRS OF DECEASED R1) THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED: 11.06.2009 PASSED IN R.A.NO.165/2004 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED: 11.03.2004 PASSED IN OS.NO.387/1996 ON THE FILE OF THE CVIIL JUDGE, (JR. DN.) & JMFC, HOSKOTE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Heard learned counsel Sri.Kalyan.R for the appellants and learned counsel Sri.P.M.Narayanaswamy for the respondents. - 5 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 2. This appeal is filed by the plaintiffs challenging the judgment and decree dated 11.06.2009 passed by the District and Sessions Judge, FTC - III, Bengaluru Rural District, Bengaluru in R.A.No.165/2004 which had set aside the judgment and decree passed in O.S.No.387/1996 dated 11.03.2004 passed by the Civil Judge, Junior Division, JMFC, Hosakote. 3. During the pendency of this appeal, the appellants and the respondents have entered into the compromise, settling the dispute by themselves, and in pursuance to the same, they have filed a compromise petition executed by the appellants as well as the respondents and presented the same before this Court. 4. It is submitted by the learned counsel for the appellants and the learned counsel for the respondents that all the parties to the proceedings have agreed to amicably resolve the dispute and put an end to the long- drawn litigation, which has been pending since 1996. - 6 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 5. They have agreed to the terms and conditions of the settlement in the compromise petition. The Compromise petition at para 2 to 7 reads as under: 2. The appellants and respondents do hereby declare and concede that there is no threat, coercion, undue influence in entering into this compromise petition and this compromise petition is arrived at their own will and wish and to keep the status, reputation and dignity of the family and the terms of the compromise will be binding on all the parties, their successors-in-interest. 3. The appellants and respondents submits that the Byatappa (Original plaintiff) had entered in to an agreement of sale dated 20/8/1979 with M. K. Munegowda, in respect of property bearing Sy. No. 134/2, measuring 31 Guntas, situated at Mugabala Village, Jadigenahalli Hobli. Hoskote Taluk. That M. K. Munegowda died in the year 1993. That Byatappa filed a suite for specific performance of the contract dated 20/08/1979 in OS No. 387/1996 on the file of Civil Judge (Junior Division) and JMFC at Hoskote. During Pendency of the suit Byatappa died and his legal representatives were brought on record. The suit in OS No. 387/1996 came to be decreed by directing defendants to execute registered sale deed within a period of 3 months from the date of deposit of Rs.1,000/-by the plaintiffs. 4 The respondents herein being aggrieved by the judgment and decree passed in OS No. 387/1996 filed on appeal in RA No. 165/2004 before the Presiding officer, FTC-3, Bengaluru Rural District, - 7 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 Bengaluru. The said appeal came to be allowed and the suit of the plaintiff came to be dismissed as per the judgment and decree dated 11/06/2009. 5. The appellants herein being aggrieved by the judgment and decree passed by the First Appellate Court in R.A No. 165/2004 have filed the present appeal. The respondents herein have also filed an appeal before this Hon'ble Court in RSA No. 194/2012. The appeal filed by the respondents in RSA No. 194/2012 came to be dismissed as per the order dated 20/03/2025. During the pendency of the above appeal the 1st respondent Smt.Prema Kumari died on 26.07.2021, and her LR's are already on record, who are the respondents No. 2 & 3. 6 The respondents submits that, they are the owners of the land bearing Sy.No. 134/2, measuring 31 Guntas, situated at Mugabala Village, Jadigenahalli Hobli, Hoskote Taluk, was acquired by late M. K Munegowda, by virtue of a Family Settlement between himself and his brothers. During the lifetime of Munegowda he was in peaceful possession and enjoyment of the said land and Munegowda, died during December 1993, leaving behind the respondents herein to succeed over his estate. The appellants have admitted ownership of the respondents in respect of the aforesaid land and the appellants have relinquished all their right and interest in the said property in favour of the respondents herein. Pursuant to the settlement the appellants have delivered the possession of the schedule property to the respondents. - 8 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 7 That the appellants and respondents have settled the dispute amicably and as per the settlement, the respondents have paid a sum of Rs.35,00,000/- to the appellants in the following manner by way of cheque or DD i. Rs.14,00,000/-(Rupees Rupees Fourteen Lakhs only) paid by way of Cheque No. 961916, dated 30.8.2025, drawn on AXIS Bank, Yelahanka Branch in favour of 3rd appellant, Ramanjinappa. ii. Rs.5,00,000/-(Rupees Seven Lakhs only) paid by way of Cheque No.961919, dated 30.8.2025, drawn on AXIS Bank, Yelahanka Branch in favour of appellant No.8(a) Prema Kumari. iii. Rs.2,00,000/-(Rupees Seven Lakhs only) paid by way of Cheque No. 961920, dated 30.8.2025, drawn on AXIS Bank, Yelahanka Branch in favour of appellant No.8(b), Smt. Deepika M. A. iv. Rs.7,00,000/-(Rupees Seven Lakhs only) paid by way of Cheque No. 961918, dated 30.8.2025, drawn on AXIS Bank, Yelahanka Branch in favour of appellant No.9(a), Smt. Manjula. v. Rs.7,00,000/-(Rupees Seven Lakhs only) paid by way of Cheque No.961917 dated 30.8.2025, drawn on AXIS Bank, Yelahanka Branch in favour of appellant No.10, Ravi. 6. Having settled the dispute amicably among themselves, the appellants have agreed to not claim any right over the property in question and they have agreed - 9 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 that they have no manner of right, title, or interest over the property, so also the agreement of sale dated 28.02.1979 would stand cancelled in view of the present compromise petition. 7. Para 7 of the compromise petition deals with the payment of amounts by way of settlement to the appellants by the respondents. 8. Para 8 to 14 of the compromise petition reads as under: 8. The portion of the land bearing Sy.No.134/2 was acquired for widening the road measuring to an extent of 3.08 guntas out of 31 Guntas by the National Highway authority and the Award amount is received by the respondents and remaining amount of Award has to be dispersed in favour of the respondents No.2 & 3, for which the appellants have no objection for the same. 9. The appellants declare that, they have no any manner of right over the schedule property and agreement of sale dated 20.08.1979 in favour of the Byatappa is deemed to have been cancelled and after entering into this compromise petition the agreement of sale has no validity in the eye of law. - 10 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 10. The appellants have filed a suit in O.S.No.39/2010, on the file of the Civil judge and JMFC at Hosakote against the respondents for the relief of permanent injunction. The said suit came to be decreed ex-parte. The respondents have challenged the same by filing RA. No.24/2024 on the file of the Senior Civil Judge JMFC, at Hosakote. By virtue of the compromise. The appellants agreed to file memo to allow the RA.No.24/2024 to set aside the judgment and decree in O.S.No. 39/2010 for the relief of permanent injunction in terms of compromise, appellants have no any right to claim possession in respect of the land bearing Sy.No. 134/2, of Mugabala Village, Hoskote Taluk. 11. The appellants herein have put respondents in actual and physical possession of the aforesaid land, the respondents are at liberty to put up compound wall construct building and the respondents are at liberty to use the said land for their use and occupation. That the appellants will not interfere any way either by themselves, their agents and anybody, in respect of the aforesaid lands. 12. The respondent are at liberty to transfer the revenue entries like RTC and Mutation register extract in to their names and they are at liberty to pay taxes and they can cultivate the said land peacefully without any sort of interference from anybody much less the appellants herein. 13. The appellants further affirm that, neither the appellants nor any of their Legal representatives in any capacity have no any manner right whatsoever in relation to the Schedule Property at any time. - 11 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 14. The appellants hereby admits that the respondents have the right interest and title of the schedule property and the appellants have also undertaken that they shall not interfere with the peaceful possession of the respondents or any person claiming under them. 9. It is submitted by the appellants that they had filed a suit in O.S.No.39/2010 on the file of the Civil Judge and JMFC, Hosakote against the respondents which was decreed ex-parte, and the same was challenged by the respondents by preferring first appeal in R.A.No.24/2024 on the file of Senior Civil Judge, JMFC, Hosakote. 10. It is agreed and admitted by the parties to the proceedings that by virtue of this compromise petition the appellants do not have any objection to R.A.No.24/2024 being allowed and consequently to set aside the judgment and decree passed in O.S.No.39/2010 and the appellants would have no right to claim possession of the suit property bearing Sy.No.134/2 of Mugabala village, Hoskote Taluk. - 12 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 11. All the parties to the compromise are present before the Court, namely the appellants as well as the respondents. This Court has enquired the appellants as well as the respondents with regard to the compromise petition filed before this Court and execution of the same and terms and conditions entered in the compromise petition. The appellants are physically present before this Court agreed to the terms and conditions of the compromise petition, and executed the same and affixed their signatures in the compromise petition. 12. The amounts mentioned in para No.7 to each of the appellants stated therein are handed over by way of cheques drawn on Axis Bank, Yelahanka branch which are handed over in the open Court to the respective appellants. 13. The appellants and the respondent No.3 - M.Prashanth submits that they have not been forced, coerced and neither there is undue influence in execution - 13 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 of this compromise petition. They have voluntarily executed the compromise petition and signed the same. It is also agreed that in case of default or dishonour of the cheques, so issued in favour of the appellants as prescribed in paragraph No. 7 of the compromise petition, the appellants would be at liberty to revive this appeal. The respondent No.3 agrees to the said revival of the appeal in case of the cheques being dishonoured. 14. The respondent No.3 Sri.M.Prashanth is acting as a power of attorney holder for his brother namely M.Nanda Kishore. The GPA has been filed along with the Compromise petition to act on behalf of the respondent No.2 namely Nanda Kishore. Respondent No.1 during the pendency of the appeal, has died; she is none other than mother of respondent Nos.2 and 3. 15. In view of the compromise petition filed and executed by the parties and the respondents herein, this - 14 - HC-KAR NC: 2025:KHC:34320 RSA No. 1018 of 2009 appeal is disposed of in accordance with the compromise that has been entered into between the parties. 16. The compromise petition shall form the part the order. 17. Decree shall be drawn accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 1