- 1 - HC-KAR NC: 2025:KHC:47814 RSA No. 192 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.192 OF 2021 (DEC/INJ) BETWEEN: 1. SRI. DEVARAJAIAH S/O LAKSHMANA AGED ABOUT 66 YEARS R/AT POOJARHALLI VILLAGE DODERI HOBLI MADHUGIRI TALUK KAVANADALA POST TUMAKURU DISTRICT-572112 …APPELLANT (BY SRI. VENKATACHALAPATHI S.K., & SRI. VENUGOPAL A., ADVOCATES) AND: 1. SRI. RANGANATHAPPA S/O BHEEMANNA AGED ABOUT 61 YEARS R/AT POOJARHALLI VILLAGE DODDERI HOBLI MADHUGIRI TALUK KAVANADALA POST TUMAKURU DISTRICT-572112. …RESPONDENT (BY SRI. K.N. KESHAVA, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47814 RSA No. 192 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.02.2019 PASSED IN R.A.NO.86/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.05.2006 PASSED IN O.S.NO.119/2002 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN), MADHUGIRI. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. The appellant and also the respondent are present before the Court and also their respective counsels are also present. 2. The parties have filed the compromise petition under Order 23 Rule 3 of CPC. In the compromise petition, it is stated that respondent has realised that he has not left any space towards the southern side of his property and he has completely constructed the house without leaving any 5 feet space towards the southern side. Further admitted that the father of the appellant temporarily at the request, permitted the respondent/plaintiff to keep spouts towards the southern - 3 - HC-KAR NC: 2025:KHC:47814 RSA No. 192 of 2021 side of the house of the respondent/plaintiff. Now, on the intervention of the well wishers, parties have compromised the same and respondent/plaintiff admitted that there is no 5 feet space towards the southern side of his property. The appellant/defendant is in possession and enjoyment of the property abutting to the property of the respondent/plaintiff. In the compromise, it is stated that plaintiff has already removed the spouts kept towards the southern side of his house and same has been kept as per his convenience towards northern/western side of the property and he has no objection to enjoy the property of defendant abutting to the property of the respondent/plaintiff and respondent has no objection to set-aside the judgment and decree passed by both the lower Court as well as the lower Appellate Court as claimed by the appellant/defendant and the same is accepted. In terms of the compromise, the judgment and decree passed by the Trial Court and the Appellate Court is set-aside since parties also explained the terms of the - 4 - HC-KAR NC: 2025:KHC:47814 RSA No. 192 of 2021 compromise and understood the terms. Accordingly, the R.S.A is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 12