- 1 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1954 OF 2013 (INJ) BETWEEN: VENKATESH REDDY S/O GANGA REDDY, AGED ABOUT 61 YEARS, R/AT JODIPURA VILLAGE, MALUR TALUK, KOLAR DISTRICT …APPELLANT (BY SMT. SUNANDA SARKAR, ADV. FOR SRI. DEEPAK J, ADV.) AND: 1. T NARAYANA REDDY S/O THIMMA REDDY, AGED ABOUT 44 YEARS, R/AT JODIPURA VILLAGE, MALUR TALUK, KOLAR DISTRICT-563130 2. CHANDRASHEKARACHARI DEAD BY LRS (A) PREMAVATHI, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 W/O DECEASED D1 LATE CHANDRASHEKARACHARI, AGED ABOUT 55 YEARS, (B) NALINI W/O JAGADEESWARACHARY, AGED ABOUT 37 YEARS, (C) MANJUNATHACHARY S/O LATE CHANDRASHEKARACHARI, AGED ABOUT 35 YEARS, R/AT DODDAPET ROAD, SHRENIGARA BEEDI,MALUR, KOLAR DISTRICT-563130 …RESPONDENTS (BY SRI. VARADARAJAN M S ADV. FOR R1, R2(A) SERVED - UNREPRESENTED, V/O DTD. 24.03.2025 SERVICE OF NOTICE TO R2(B) & R2(C) IS HELD SUFFICIENT) RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 7.11.2013 PASSED IN R.A.NO.205/2011 (old R.A.No.127/2009 ON THE FILE OF SENIOR CIVIL JUDGE, MALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 25.7.2009 PASSED IN OS.NO.272/2000 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.), MALUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT This Court, vide order dated 19.09.2025, referred the matter to the mediation. Pursuant to the order passed by this Court, the parties have appeared before the Karnataka Mediation Centre, Bengaluru and accordingly, they filed A memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The parties have settled the matter, and the contents of the memorandum of the settlement, reads as follows: I. The property in question is situated at Jodipura (Pura) village, Kasaba Hobli, Malur Taluk to the extent of 4 acres. 24 guntas claimed by the respondent No.1 herein/plaintiff in old Sy No.190 and new Sy.No.172 and 2 acres in Sy.No.172 claimed by the appellant herein/defendant No.2. In total an extent of 6 acres 24 guntas. II. The respondent No.1/plaintiff/T.Narayanareddy herein filed Original Suit bearing O.S.No.272/2000 - 4 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 a suit for permanent Injunction before the I Addl. Civil Judge, Junior Division, Malur against the Late Chandrashekarachari D1 and Mr. Venkateshreddy as D2/appellant herein The said suit happen to be dismissed on 25.07.2009. During the pendency of the O.S.272/2000 D1 passed away and his LR's consented to drop out from the contention and D2 alone is to contest the matter. III. Aggrieved by the order dated:25.07.2009 the plaintiff preferred RA No.205/2011 before the Senior Civil Judge and JMFC, Malur, which was allowed and consequently set aside the judgment and decree passed in O.S.No.272/2000 and decreed the plaintiff suit as prayed for. IV. The 2nd defendant has preferred this RSA No.1954/2013 challenging the order dated: 07.11.2013 passed in RA No.205/2011 before the Hon'ble High Court of Karnataka. V. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, the parties identified each other and have resolved their dispute and have agreed to the following terms and conditions: - 5 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 Facts of the case: 1. Both the parties state that an extent of 4 acres of 24 guntas in Sy.No.190 new No.172 was granted to /respondent No.1 herein have through the Inam Abolition Act qon 30.10.1963 vide order Case No.769/1963-64 similarly 2 acres in Sy.No.172 was granted to the appellant herein/defendant No.2 the order dated: 25.05.1999 vide order No.LND/RNo.144/98-99 in total 6 acres 24 guntas. As on date the physically available area is only 5 acres 35 guntas. A rough sketch is attached to this settlement agreement for the kind perusal of the Hon'ble Court, which shall be a part and parcel of this agreement. 2. The parties are resolved their issues and appellant/D2 has agreed to have 1 acre 33 guntas instead of his 2 acres which is marked as ABFA in the rough sketch to this settlement agreement. The annexed plaintiff/respondent No.1 has agreed to have 4 acres 2 guntas instead of his 4 acres 24 guntas as per this agreement marked as B C D E F B, which shall be final and binding on both the sides. - 6 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 3. Both the parties undertakes to secure their area by fencing with by themselves and not to interfere with the peaceful possession of each other in future. 4. As per this settlement parties are at liberty to approach the concerned authorities for the revenue records. 5. The parties have no other claims against each other they have arrived at this agreement and all the claims of the parties are hereby satisfied. VI. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court to pass the appropriate order in terms of this agreement. VII. Parties will appear before the Hon'ble Court for passing judgment in terms of the agreement. 2. The memorandum of settlement is taken on record. - 7 - HC-KAR NC: 2025:KHC:52763 RSA No. 1954 of 2013 3. Accordingly, the appeal is disposed off in terms of the memorandum of settlement. 4. Registry is directed to draw decree in terms of memorandum of settlement. Sd/- (ASHOK S.KINAGI) JUDGE SSB