- 1 - HC-KAR NC: 2025:KHC:30770 RSA No. 354 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.354 OF 2023 (MON) BETWEEN: 1. SMT. A. M. UMA AGED ABOUT 65 YEARS, W/O LATE CHENNAPPA, R/AT NO.663, 6TH CROSS, 2ND MAIN, LAKANAYAKA NAGARA, DEVARAJ MOHALLA, MYSORE – 571 130. 2. MR. YATHISHKUMAR J. E. AGED ABOUT 40 YEARS, S/O LATE CHENNAPPA, R/AT NO.663, 6TH CROSS, 2ND MAIN, LAKANAYAKA NAGARA, DEVARAJ MOHALLA, MYSORE – 571 130. …APPELLANTS (BY SMT. LAKSHMI S B., ADVOCATE) AND: MR. M. B. DALAWAI AGED ABOUT 68 YEARS, S/ LATE BALAPPA DALAWAI, R/AT NO.77, NEAR MILK DIARY, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30770 RSA No. 354 of 2023 HUNSURU - MUSORE MAIN ROAD, YELAWALA VILLAGE, YELAWALA HOBLI, MYSORE TALUK – 571 130. R/AT NO.19, SHIVANIVAS, HUNSURU MAIN ROAD, OPPOSITE TO HOSAKAMANAKOPPALU LAYOUT, YELAWALA, HUNSURU, MYSORE MAIN ROAD – 571 130. …RESPONDENT (BY SRI. P. NATARAJU, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.10.2022 PASSED IN RA.No.109/2021 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.10.2020 PASSED IN OS No.105/2016 ON THE FILE OF THE VIII ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Parties present. They present a compromise petition under Order XXIII Rule 3 of the code of Civil Procedure. 2. Pursuant to the compromise petition, sum of Rs.75,000/- is transferred to the bank account of the respondent. For the balance amount, time is extended till 31st August 2025. - 3 - HC-KAR NC: 2025:KHC:30770 RSA No. 354 of 2023 3. Parties submit that the terms of the compromise petition depict the true terms of settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise and it is voluntary. 4. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition. 5. Hence, the following: ORDER (i) Appeal is allowed in part. (ii) Decree of the Trial Court and the First Appellate court is modified in terms of the compromise petition. (iii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree. (iv)Parties to bear their own costs. (v) Appellants are entitled for the refund of permissible Court Fee. - 4 - HC-KAR NC: 2025:KHC:30770 RSA No. 354 of 2023 (vi) After payment of balance sum of Rs.1,00,000/- respondent shall withdraw the pending execution petition. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 83