Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 813 OF 2022 (DEC/PAR)
BETWEEN:
1. SRI. JAYESH KARSANDAS TAKKAR ALIAS JAYESH KARSANDAS CHANDE S/O SRI. KARSANDAS R/AT NO.54, NO.B -802 MANTRI PRIDE MOUNTAIN ROAD NEAR MADAVAN PARK 1ST BLOCK JAYANAGARA BENGALURU SOUTH BENGALURU 560 011
2. SRI. RUDOLPH MASCARENHAS S/O LATE LOUIS MASCARENHAS AGED ABOUT 75 YEARS R/AT. MANTRI ALTIUS 16TH FLOOR , RAJ BHAVAN ROAD, BENGALURU 560001 …APPELLANTS (BY SRI. VIR ANTHONY BRITTO, ADVOCATE)
AND:
1. SRI. M. ANAND S/O SRI. MUNIYAPPA AGED ABOUT 41 YEARS
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
R/AT NO.778, 5TH CROSS RAMABHOVEE COLONY JALAHALLI BENGALURU 560013
2. SMT. VARAMAHALAKSHMI M.
W/O SRI. KRISHNAMURTHY AND D/O SRI. MUNIYAPPA AGED ABOUT 43 YEARS R/AT NO.778, 5TH CROSS RAMABHOVEE COLONY JALAHALLI BENGALURU 560013
3. SRI. M. GOPAL S/O SRI. MUNIYAPPA AGED ABOUT 47 YEARS R/AT BHOGHANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
4. SRI. MUNIYAPPA S/O LATE NARASA REDDY AGED ABOUT 67 YEARS R/AT BHOGANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
5. SRI. SALLAPURAPPA S/O LATE NARASA REDDY AGED ABOUT 75 YEARS R/AT BHOGANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
6. SRI. S. GOPAL ADOPTED SON OF SRI. SALLAPURAPPA AGED ABOUT 50 YEARS R/AT BHOGANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
7. SRI. KRISHNAPPA A.
S/O LATE ANANTHAPPA AGED ABOUT 61 YEARS R/AT NO. 145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
8. SRI. MUNIVENKATAPPA A.
S/O LATE ANANTHAPPA AGED ABOUT 58 YEARS R/AT NO. 145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
9. SRI. SALLAPURAPPA A.
S/O LATE ANANTHAPPA AGED ABOUT 55 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
10. SRI. MUNIRAJU A.
S/O LATE ANANTHAPPA AGED ABOUT 51 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
11. SRI. SANTHOSHKUMAR T.
S/O LATE THIMMARAJU AGED ABOUT 26 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
12. SRI.
VENU T.
S/O LATE THIMMARAJU AGED ABOUT 23 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
13. SRI. NARAYANA SWAMY A.
S/ O LATE ANANTHAPPA AGED ABOUT 47 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
14. SMT. JAYALAKSHMI A.
D/O SRI. ANANTHAPPA W/O NARAYANASWAMY AGED ABOUT 44 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
15. SMT. MUNIYAMMA W/O LATE ANANTHAPPA AGED ABOUT 75 YEARS R/AT NO.145, 7TH MAIN 2ND CROSS, ATTUR LAYOUT YALAHANKA BENGLAURU-560 064
16. SMT. CHINNAMMA W/O SRI. CHINNAPPA D/O SRI. NARASAREDDY AGED ABOUT 71 YEARS R/AT VADDARAPALYA HARAGADDE POST JIGANI HOBLI ANEKAL TALUK-562 106
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
17. SMT. VENKLATAMMA W/O LATE CHINNAPPA D/O LATE NARASAREDDY AGED ABOUT 69 YEARS R/AT BHOGANAHLLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
18. SRI. MUNIYAPPA S/O LATE MUNIVENKATAPPA AND PEDDAKKA AGED ABOUT 55 YEARS NO.767, 5TH B CROSS RAMABHOVE COLONY JALAHALLI BENGALURU 560 013
19. SRI. MUNISWAMY S/O LATE MUNIVENKTAPPA AND PEDDAKKA AGED ABOUT 47 YEARS NO.767, 5TH B CROSS RAMBHOVEE COLONY JALAHALLI BENGALURU 560 013
20. SMT. VASANTHI W/O LATE GANGAPPA D/O LATE MUNIVENKTAPPA AND PEDDAKKA AGED ABOUT 43 YEARS NO.767, 5TH B CROSS RAMBHOVEE COLONY JALAHALLI BENGALURU 560 013
21. SRI. PRANEETH S/O LATE GANGAPPA AGED ABOUT 26 YEARS NO.767, 5TH B CROSS RAMBHOVEE COLONY
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
JALAHALLI BENGALURU 560 013
22. KUM. NEHA D/O LATE GANGAPPA AGED ABOUT 26 YEARS NO.767, 5TH B CROSS RAMBHOVEE COLONY JALAHALLI BENGALURU 560 013
23. SRI. MUNIYAPPA R.
S/O LATE RAMAIAH AGED ABOUT 67 YEARS No.4, 1ST CROSS VIDYARANYAPURA POST SINGAPURA LAYOUT BENGALURU-560 097
24. SMT. VENKATAMMA W/O MUNIYAPPA B.N.
D/O LATE RAMAIH AGED ABOUT 63 YEARS R/AT. BHOGAHANALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 087
25. SMT.
MUNIYAMMA D/O LATE RAMAIAH AGED ABOUT 61 YEARS No.4, 1ST CROSS VIDYARANYAPURA POST SINGAPURA LAYOUT BENGALURU-560 097
26. SRI. VENKATAPPA R.
S/O LATE RAMAIH AGED ABOUT 59 YERAS No.800, 5TH CROSS RAMABHOVEE COLONY JALAHALLI
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
BENGALURU-560 013
27. SRI. NARAYANAPPA R.
S/O LATE RAMAIAH AGED ABOUT 57 YEARS No.800, 5TH CROSS RAMABHOVEE COLONY JALAHALLI BENGALURU-560 013
28. SRI. C.R. KEMPARAJU S/O LATE C. RAMASWAMY AGED ABOUT 71 YEARS R/AT No.190/01 1ST FLOOR, DOMLUR VILLAGE BENGALURU-560 071
29. SRI. R.K. MOHANRAM S/O SRI. C.R. KEMPARAJU AGED ABOUT 44 YEARS R/AT No.190/01 1ST FLOOR, DOMLUR VILLAGE BENGALURU-560 071
30. KUM. R.K. RAMYA D/O SRI. C.R. KEMPARAJU AGED ABOUT 42 YEARS R/AT No.190/01 1ST FLOOR, DOMLUR VILLAGE BENGALURU-560 071
31. SRI. N. RAMACHANDRA REDDY S/O SRI. V.R. NARASAREDDY ADVOCATE AGED ABOUT 55 YEARS R/AT No.174, AGARA POST BENGALURU-560 034
RESPONDENTS No.3 TO 31 ARE DELETED FROM PARTY ARRAY, V.C.O. DATED 23.07.2025 …RESPONDENTS
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
(BY SRI. JOSE SEBASTIAN, ADVOCATE FOR R1 & R2;
R3 TO R31 ARE DELETED V.O. DATED 23.07.2025)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.06.2020 PASSED IN OS No.5349/2017 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND DECLARATION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Memo is being filed by appellants seeking deletion of respondents No.3 to 31 from the array of parties in this appeal. It is submitted that there is no relief claimed as against respondents No.3 to 31 and that they have remained ex-parte before the Trial court as well. It is submitted that notice taken out in this appeal has also not been served. It is submitted that only respondents No.1 and 2 have filed their vakalath and appeared before this Court.
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
2. In the above view of the matter, accepting the memo filed by the learned counsel for the appellants, respondents No.3 to 31 are deleted from the array of parties.
3. A compromise petition has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, recording a compromise which has been arrived at between appellants No.1 and 2 and respondents No.1 and 2. It is submitted that respondents No.1 and 2 have executed and registered a Deed of Confirmation dated 22.07.2025, at the office of the Sub- Registrar, Banaswadi, Bengaluru, in favour of the appellants No.1 and 2 confirming that sale deed dated 09.06.2004 and sale deed dated 05.03.1992 are both valid, subsisting and binding on them.
4. The agreement in the compromise petition is duly signed by the parties i.e., appellants No.1 and 2 and respondents No.1 and 2 as well as the counsel appearing on their behalf. The parties are present before the Court and they are identified by their respective counsels.
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HC-KAR NC: 2025:KHC:28138-DB RFA No. 813 of 2022
5. In the above view of the matter, the compromise petition is accepted and taken on record. The appeal is
disposed of in terms of the compromise.
6. The Registry shall draw up the decree in terms of the compromise.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
RAK List No.: 1 Sl No.: 47