- 1 - HC-KAR NC: 2025:KHC:33526 RSA No. 1349 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1349 OF 2024 (MON) BETWEEN: SRI K. S. SOMAPRASAD S/O K. S. SOMASUNDER, AGED ABOUT 56 YEARS, AGRICULTURIST, R/O B. H. ROAD, OPPOSITE TO GOVERNMENT GENERAL HOSPITAL, KADUR TOWN AND POST, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 548. …APPELLANT (BY SRI ONKARA K B, ADVOCATE) AND: SRI SHARADAMBA FINANCIERS (R) KADUR, REPRESENTED BY MANAGING PARTNER SRI. K. MANJUNATH, S/O LATE D. KHANDOJI RAO, AGED ABOUT 61 YEARS, R/O DODDAPETE, KADUR TOWN AND POST, KADUR TALUK., CHIKKAMAGALURU DISTRICT-577 548. …RESPONDENT (BY SRI NAGARAJA R C, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 23.07.2024 PASSED IN RA No.27/2019 ON THE FILE OF SENIOR CIVIL JUDGE, KADUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.03.2019 PASSED IN O.S.No.275/2013 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KADUR. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33526 RSA No. 1349 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Appellant and, Sri Shivashankara H N-one of the partners of the respondent are present before the Court with their respective advocates. They submit a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. 2. Contents of the compromise petition are explained to the parties. 3. Though another partner of the respondent by name K.Manjunath who has signed the compromise petition is not present today, through video call he has been contacted by the learned counsel for the appellant and assured himself that he has agreed for the terms of the compromise petition and thereafter, he has signed the compromise petition. 4. Sri Shivashankara H N- one of the partner of the respondent who is present before the Court submits that terms of the compromise petition depicts true terms of the settlement - 3 - HC-KAR NC: 2025:KHC:33526 RSA No. 1349 of 2024 and there is no force or undue influence or coercion in reaching out the terms of the compromise. 5. As such, there is no impediment for this Court to accept the terms of the compromise petition and dispose of the appeal in terms of the compromise petition. 6. Accordingly, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to pass the modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. (iii) No order as to costs. (iv) Refund of permissible Court fee is allowed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 85