- 1 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 1277 OF 2010 (DEC/INJ) BETWEEN: SMT. P. RADHAMMA W/O SRI. K. GOPAL AGED ABOUT 48 YEARS R/AT NO.5, 1ST CROSS VENKATARAMAIAH LAYOUT, RAMAMURTHYNAGAR MAIN ROAD, DODDABANASAWADI BANGALORE-560 043 REP BY HER HUSBAND AND POWER OF ATTORNEY HOLDER SRI K. GOPAL S/O LATE KRISHNAPPA AGED ABOUT 55 YEARS R/AT NO.5, 1ST CROSS VENKATARAMAIAH LAYOUT, RAMAMURTHYNAGAR MAIN ROAD, DODDABANASAWADI, BANGALORE-560043. …APPELLANT (BY SRI. JANARDHANA G., ADVOCATE) AND: 1. SMT B NACHETIRAM AMMAL W/O SRI C P SELVARAJ AGED ABOUT 60 YEARS R/AT NO.718, EMANUEL HOUSE EX-SERVICEMEN'S COLONY DODDABANASAVADI, BANGALORE-560043. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 2. THE COMMISSIONER CORPORATE OF THE CITY OF BANGALORE (EAST) BANGALORE-2. …RESPONDENTS (BY SRI. VISHNU HEGDE, ADVOCATE FOR RESPONDENT NO.1: SRI V. VISHWANATH, ADVOCATE FOR RESPONDENT NO.2) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI, RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:25.05.2010 PASSED IN O.S.3073/2003 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION, PERMANENT AND MANDATORY INJECTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT The plaintiff in O.S.No.3073/2003 on the file of the XXVII Additional City Civil Judge, Bengaluru (henceforth referred to as 'Trial Court') has filed this appeal challenging the judgment and decree dated 25.05.2010 by which her suit for perpetual injunction and mandatory injunction was dismissed. 2. When this appeal was listed for final hearing, the parties have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The relevant terms of the compromise reads as follows:- "2. In the above appeal, the Appellant and the Respondents have amicably settled their disputes with the - 3 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 intervention of the Hon'ble Court, well-wishers, counsels etc., 3. The Respondent No.1 has agreed to pay sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the Appellant as the full and final settlement in respect of the above disputes among the Appellant and Respondent No.1 in respect of the suit schedule property. 4. The Respondent No.1's GPA holder has agreed and undertaken to pay a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the Appellant on 04/03/2026, without fail. In discharge of the said amount, the Respondent No.1 has handed over a post- dated cheque bearing No.552158, drawn on Axis Bank, Kalyan Nagar Branch, in favour of the Appellant. The terms of this compromise shall be effective and binding subject to the realization/clearance of the said cheque. Upon receipt and realization of the aforesaid amount, the Appellant shall issue a receipt or suitable written acknowledgment confirming such payment. It shall be the duty of the Appellant to present the cheque on the appropriate date for realization. 5. The Appellant before this Hon'ble Court has undertaken and declares that the sale deed dated 13/09/1991 bearing registered No.3658, Book No.I, Volume 347 1991-92 Document dated 19/10/1991 registered in the office of the Sub-Registrar Krishnarajapuram Bangalore executed by Late Sri. Papaiah Reddy in favour of the Respondent No.1 is valid and also confirmed by the Appellant above. The Appellant - 4 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 further declares that the Respondent No.1 is the absolute owner and is in peaceful possession of the Suit Schedule Property, in terms of this compromise. 6. The Appellant hereinabove, subject to realization of the cheque mentioned hereinabove, has agreed and undertaken that the Appellant or her legal heirs or her agents or her representatives will not interfere the peaceful possession and enjoyment of the Respondent No.1 in the suit schedule property (or in the Schedule Property shown in the sale deed dated 13/09/1991) forthwith and the Respondent No.1 or her legal heirs have every right to enjoy in the Suit Schedule Property and have complete right to Hold-Enjoy-Dispose off the Suit Schedule Property or No-Objection to the Respondent No.1 even to develop the Suit Schedule Property forthwith. Similarly, the Appellant also does not have any objection to transfer any revenue records in the name of the Respondent No.1 in respect of the suit schedule property. However, it shall be the duty of the Appellant to present the aforementioned cheque on the appropriate date for realization. 7. The above terms and conditions are accepted by both the Appellant and the Respondent No.1 and this Petition is executed with their free consent without coercion and undue influence, etc., The Parties to this Petition have also agreed and undertaken that the terms and conditions are binding on them for all legal purposes. WHEREFORE, it is humbly prayed before this Hon'ble Court be pleased to admit the terms and - 5 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 conditions of this Compromise Petition and draw the decree in terms of this Petition in the interests of justice and equity." 3. A perusal of the terms of the compromise petition shows that the respondent No.1 has agreed to pay a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the appellant and has handed over a cheque for a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) favouring the appellant. 4. The plaintiff/appellant and the defendant No.1/respondent No.1 are present before the Court and are identified by their respective counsel. They have acknowledged that they have settled the dispute on terms mentioned above and have affixed their signatures to the compromise petition. As an acknowledgment of the above, they have affixed their signatures on the order sheet of this appeal. 5. Since the compromise is just and proper and is not opposed to any law, the same is accepted. It is made clear that this compromise is subject to the encashment of the cheque stated above. - 6 - HC-KAR NC: 2025:KHC:51444 RFA No. 1277 of 2010 6. In view of the aforesaid, the judgment and decree dated 25.05.2010 passed by the XXVII Additional City Civil Judge, Bengaluru in O.S.No.3073/2003 is set aside. 7. This appeal as well as the suit filed by the plaintiff in O.S.No.3073/2003 on the file of the XXVII Additional City Civil Judge, Bengaluru, stand disposed off in terms of the compromise. 8. Office is directed to draw a decree in terms of this compromise. Sd/- (R. NATARAJ) JUDGE PMR List No.: 2 Sl No.: 2