- 1 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1179 OF 2023 (PAR) BETWEEN: SMT. RUDRAMMA , W/O K. MUNI REDDY, AGED ABOUT 57 YEARS, R/O PEDDABYALAGONDAPALLI VILLAGE AND POST, MADAAGONDAPALLI VIA DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635114. …APPELLANT (BY SRI SUDHINDRA S.A., ADVOCATE) AND: 1. SMT. GULLAMMA, W/O VEERABHADRA REDDY, AGED ABOUT 70 YEARS, R/O HENNAGARA ROAD, KITHAGANAGHALLI VILLAGE, BOMMASANDRA POST, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT. PIN-560099. 2. RAMA REDDY S/O LATE PAPA REDDY, AGED ABOUT 68 YEARS, R/O NEAR ASHWATH KATTE, BANAHALLIL VILLAGE, CHANDRAPURA POST AND VIA ATTIBELE HOBLI, ANEKAL TALUK, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 BANGALORE URBAN DISTRICT. PIN-560081. 3. SMT. SHIVAMMA W/O LATE SRINIVASA REDDY, AGED ABOUT 65 YEARS, R/O FARM HOUSE, BANAHALLIL VILLAGE, CHANDRAPURA POST AND VIA ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT. PIN-560081. 4. SMT. SHYAMALA W/O CHANNA REDDY, R/AT JIGALA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT. PIN-562107. 5. LAKSHMISHREE D/O RAMESH REDDY, AGED ABOUT 29 YEARS, 6. RAMESH REDDY H/O LATE SMT. JAMUNA, AGED ABOUT 55 YEARS, RESPONDENT NOS.5 AND 6 ARE RESIDING AT SULUKUNTE VILLAGE, CARMALARAM POST, VARTHUR HOBLI, BANGALORE EAST TALUK, PIN-560035. 7. MUNI REDDY S/O LATE PAPA REDDY, AGED ABOUT 64 YEARS, R/O FARM HOUSE, BANAHALLI VILLAGE, CHANDRAPURA POST AND VIA ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT, PIN-560081. - 3 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 8. SMT. ANUSUYA, W/O LATE MALLA REDDY, AGED ABOUT 42 YEARS, 9. SRI PRAVEEN KUMAR S/O LATE MALLA REDDY, AGED ABOUT 32 YEARS, RESPONDENT NOS.8 AND 9 ARE RESIDING AT NEAR ASHWATH KATTE, ANJANEYA TEMPLE, BANAHALLI VILLAGE, CHANDRAPURA POST AND VIA ATTIELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT PIN-560081. 10. SMT. VEDHA W/O NARAYANA REDDY, D/O LATE MALLA REDDY, AGED ABOUT 40 YEARS, R/AT AGRAHARAM VILLAGE, NELLUR POST, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635109. …RESPONDENTS (BY SRI G.R. LAKSHMIPATHY REDDY, ADVOCATE FOR R-1 TO R-10) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.03.2023 PASSED IN O.S.NO.56/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE SUIT FOR PARTITION. THIS APPEAL COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 ORAL JUDGMENT Compromise petition is filed under Order XXIII Rule 3 read with Section 151 CPC by the appellant and the respondents, duly signed by them and their respective counsel. 2. The terms of the settlement is culled out as under: “14. The parties to this compromise shall not resort to any litigation in respect of schedule properties against each other contrary to the terms of this compromise petition. And further each party shall give consent if necessary before the revenue and Municipal authorities for change of katha, Mutation, RTC entries, etc., in respect of schedule properties as per the terms of this compromise. Wherefore, the parties to this compromise prays that this Hon’ble court may please to allow the appeal and decree the suit as per the terms of this compromise in the interest of justice, equity and Law. - 5 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 SCHEDULE A PROPERTIES ALLOTTED TO THE SHARE SMT.RUDRAMMA The property bearing Sy.No.31/1A, totally measuring to an extent of 00.05.08 guntas, out of 00.04.00 guntas (four guntas) has been allotted to the appellant share situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore Urban District bounded on East by: B.C.Thimma Reddy’s property, West by: Venkataswamy Reddy and Thimma Reddy, North by: Gullamma property, South by: Pillaiah property. SCHEDULE B PROPERTY ALLOTTED TO SMT.GULLAMMA THE RESPONDENT NO.1 The property bearing Sy.No.31/1A, totally measuring to an extent of 00.05.08 guntas, out of 00.01.08 guntas, situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of B.C.Thimma Reddy, West by : property of Thimma Reddy And Venkataswamy Reddy, North by : Property of Muniyappa, South by : Property of Rudramma - 6 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 SCHEDULE C PROPERTY IS ALLOTTED TO RESPONDENT NO.2 SRI.RAMAREDDY ITEM NO.1 The property bearing Sy.No.235/1, totally measuring 1 acre 18 guntas, excluding 3 guntas of Kharab out of which 13.12 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Suryacity Road, West by : Kaluve North by : Property of Muniyappa and Nanjappa, South by : 20 feet common road and property Of Muni Reddy (It is further agreed that Rama Reddy ‘C’ schedule owner and Muni Reddy the respondent no.7 E schedule owner by mutual agreement have agreed themselves that both have to leave 10 feet passage each of them totally measuring 20 feet road width measuring North to South 10 feet and east to west 370 feet for the common use of both the parties.) And they have no right to sell the said common area reserved for the road. - 7 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 ITEM NO.2 Property bearing Sy.No.236/2, totally measuring to an extent of 0.20 guntas, excluding 2 guntas of land out of which 00.01.08 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : property of Nanjappa, West by : Kaluve North by : Property of Muni Reddy, South by : Property of Rama Reddy in the same Sy. No, ITEM NO.3 Property bearing Sy.No.64/3, totally measuring 0.24 guntas, situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : Kaluve, West by : Property of Nerluru Ramaiah and Prahlad.R, North by : Property of Nerlru Ramaiah, South by : Property of Nerluru Ramaiah. ITEM NO.4 Property bearing Sy.No.112/10, measuring 0.14 guntas situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; - 8 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 North by : property of Smt. Suguna Sampath Reddy, West by : property of B.C Thimma Reddy East by : Property of Bodappa and his family, south by : Properties of Prahlad, Muni Reddy and Shivamma ITEM NO.5 Property bearing kaneshumari no.12/7, measuring east to west on northern side 40.4 feet and southern side 44.2 feet, North to South 27.5, situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of Rajappa, West by : Road, North by : properties of Shivamma, South by : Property of Venkatesh and Prahalad. SCHEDULE ‘D’ PROPERTIES ALLOTTED TO THE RESPONDENTS NO.3 (A) TO 3(D) NAMELY RESPONDENT No.3 IS SRINIVAS REDDY DEAD BY LRS RESPONDENT 3(a) SMT.SHIVAMMA w/o SRINIVAS REDDY, RESPONDENT 3(b) SHYAMALA D/O SRINIVAS REDDY, RESPONDENT 3(c) SMT.JAMUNA D/O - 9 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 SRINIVAS REDDY DEAD BY LRS LAKSHMISHRE D/O OF LATE JAMUNA and G/D SRINIVAS REDDY: ITEM NO.1 Property bearing Sy.No.235/1, totally measuring an extent of 1 acre 18 guntas, excluding 0.03 guntas of Kharab out of which 13.12 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Surya City Road, West by : Kaluve North by : 20 feet road and Property of Anusuyamma, South by : Private Layout. (It is further agreed that Shivamma ‘D’ schedule owner and Anusuyamma ‘F’ schedule owner by mutual agreement have agreed themselves that both have to leave 10 feet passage each of them totally measuring 20 feet road width measuring North to South 10 feet and east west 370 feet for the common use of both the parties) and they have no right to sell said common road left for common usage. - 10 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 ITEM NO.2 Property bearing Sy.no.236/1, totally measuring 2 acres 20 guntas, excluding 0.07 guntas of Kharab out of which 0.4 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Kaluve, West by : Sarba Reddy, North by : Nanjappa, South by : Property of Anusuyamma, ITEM NO.3 The property bearing Sy.No.236/2, totally measuring 0-20 guntas, excluding 00.02 guntas of Kharab out of which 0.05.08 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : property of Chinnappaa, West by : Kaluve North by : Property of Nanjappa, South by : Property of Anusuyamma, ITEM NO.4 Property bearing Sy.No.112/5. Totally measuring 5.08 guntas, excluding 2.08 guntas Kharab out of which 0.03 guntas, situated at situated at Banahalli - 11 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of Thimma Reddy, West by : Property of Muni Reddy North by : properties of Rama Reddy, South by : Halla. ITEM NO.5 Property bearing kaneshumari no.11/6, measuring east to west 40.4 +20/2, north to south 47 +43/2 feet, situated at situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of Rajappa, West by : Road, North by : Road, South by : Property of Rama Reddy. SCHEDULE E ALLOTTED TO THE SHARE OF 7TH RESPONDENT SRI.MUNIREDDDY. ITEM NO.1 Property bearing Sy.No.44/1A, totally measuring to an extent of 0.39.08 guntas, excluding 00.02 guntas of Kharab out of which 00.08.12 guntas, situated at situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; - 12 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 East by : property of Anusuyamma, West by : kaluve, North by : properties of Mada Reddy, South by : Property of Muni Reddy. ITEM NO.2 Property bearing Sy.No.54/1A, totally measuring 0.06 guntas, situated at situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of Anusuyamma and Mada Reddy West by : Kaluve, North by : properties of Munni Reddy (Sy.No.44/1A), South by : Property of chinnamma (Sy.No.54/1B1). ITEM NO.3 Property bearing Sy.No.112/8, totally measuring 04.04 guntas excluding Kharab of 1.04 guntas i.e. 0.03 guntas situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : property of Shivamma, West by : Property of Prahlad, North by : properties of Rama Reddy, - 13 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 South by : Halla. ITEM NO.4 PROEPRTY BEARING Sy.No.235/1, totally measuring and extent of 1 acre 18 guntas, excluding 0.03 guntas of Kharab out of which 13.12 guntas, situated Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Surya City Road, West by : Kaluve North by : 20 feet common road and there after Property of Rama Reddy, South by : Property of Anusuyamma, (It is further agreed that Rama Reddy ‘C’ schedule owner and Muni Reddy the respondent no.7 E schedule owner by mutual agreement have agreed themselves that both have to leave 10 feet passage each of them totally measuring 20 feet road width measuring North to South 10 feet and east to west 370 feet for the common use of both the parties. Both have no right to sell the said common road reserved. ITEM NO.5 The property bearing Sy.236/2 totally measuring to an extent of 0.20 guntas, excluding 0.02 guntas - 14 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 Kharab out of which 0.05.08 guntas situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : property of Nanjappa, West by : Kaluve North by : Property of Anusuyamma, South by : Property of Rama Reddy, ITEM NO.6 The property bearing 236/1, totally measuring to an extent of 2 acres 0.20 guntas, excluding 0.07 guntas of Kharab out of which 0.04 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Kaluve, West by : Nanjappa and Bhaskar Reddy, North by : Property of Anusuyamma, South by : Property of Maгappa, ITEM NO.7 The property bearing Kaneshumari No.6/3/4 and old no.7/3/5 measuring east to west 60 feet North to South 30 feet, situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore, bounded on; East by : Road, West by : Property of Pillaiah and Temple, - 15 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 North by : properties of Rajappa, South by : property of Pillaiah and Nanjappa. ITEM NO.8 The property bearing Sy.No.220/1, measuring 18 guntas, out of which 4 guntas, situated at Iggaluru village, Attibele Hobli, Anekal Taluk, Bounded on; East by : Muni Reddy, West by : Nanjappa, N.H.Bhaskar Reddy, N.P.Srinivasa Reddy North by : Anusuyamma, South by : Saraba Reddy SCHEDULE ‘F’ PROPERTIES ALLOTTED TO THE SHARE OF SMT.ANUSUYAMMA W/O LATE. MALLA REDDY, VEDAVATHI.N D/O LATE MALLA REDDY AND PRAVEEN KUMAR B.M S/O OF LATE MALLA REDDY THE RESPONDENT NO.8, 9, 10. ITEM NO.1 The property bearing Sy.No.236/2, totally measuring to an extent of 0.20 guntas out of which 0.05.08 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : property of Nanjappa and private layout, West by : Kaluve - 16 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 North by : Property of Shivamma and private Layout, South by : Property of Muni Reddy. ITEM NO.2 The property bearing Sy.No.236/1, totally measuring 2 acres 0.20 guntas excluding 0.07 guntas of Kharab out of which 0.04 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Kaluve, West by : Nanjappa and Saraba Reddy North by : Property of Shivamma and private Layout, South by : Property of Muni Reddy. ITEM NO.3 The property bearing Sy.No.235/1, totally measuring to an extent of 1 acre 18 guntas, excluding 0.03 guntas of Kharab out of which 13.12 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Surya City Road, West by : Kaluve North by : Property of Muni Reddy, South by : 20 feet road and Property of Shivamma. - 17 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 (It is further agreed that Anusuyamma ‘F’ schedule owner and Shivamma the ‘D’ schedule owner by mutual agreement have agreed themselves that both have to leave 10 feet passage each of them totally measuring 20 feet road width measuring North to South 10 feet and east west 370 feet for the common use of both the parties. Both parties have no right to sell the said common area reserved for road. ITEM NO.4 The property bearing Sy.No.44/1A, totally measuring to an extent of 39.08 guntas, excluding 0.02 guntas of Kharab out of which 0.15 guntas situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore urban district, bounded on; East by : property of Satish and Keshavaraju, West by : Property of Muni Reddy, North by : property of Mada Reddy and Rajappa, South by : property of Mada Reddy and Nanjappa. ITEM NO.5 The property bearing Khaneshumari No.149, Janjur No.103, formed in Sy.No.110, measuring East to - 18 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 West 50 feet, North to South 40 feet, situated at Banahalli village, Attibele Hobli, Anekal Taluk, Bangalore urban district, bounded on; East by : Road, West by : Road, North by : property of Thimmarayappa, South by : Road. ITEM NO.6 Land bearing Sy.No.220/1, measuring 0.18 guntas out of which 0.02 guntas, situated at Iggalur village, Attibele Hobli, Anekal Taluk, bounded on; East by : Anusuyamma, West by : Nanjappa, North by : Property of Anasuyamma, South by : Property of Muni Reddy. It is further submitted that the other respondents have no objection to draw the final decree according to the compromise entered between the appellant and respondents. The share allotted to the respective parties they are at liberty to transfer the revenue records from the concerned authority in their favor on the strength of the final decree by this Hon’ble court. - 19 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 The formation of common road in Sy.No.235/1 between the parties to this compromise is exclusively belongs their common use and enjoyment, the third parties have no any manner of right in the said road. The parties to the this compromise deed that is agreed in the event of all parties are agreeing to give for joint development or for sale the respective properties allotted to them in this compromise which are situated adjacent to each other in such an event the common road allocated in Sy.No.235/1 totally measuring East to west 370 feet and north to south 20 feet is to be clubbed and included in the joint development agreement or sale deed and the said common road portion is to be calculated for the purpose of joint development or sale. Further agreed that in the event parties herein does not agree and does not enter in to joint development or sale, in such an event the common road mentioned and allotted for the purpose of respective parties conveniences, the same shall prevail and the said common road is binding all the parties to this compromise. Wherefore, the parties to this compromise that this Hon’ble court may be please to decree the - 20 - HC-KAR NC: 2025:KHC:33692 RFA No. 1179 of 2023 appeal in terms of this compromise petition in the interest of justice, equity and law.” 3. Appellant and respondents are present before the Court, duly identified by their respective counsel. 4. When a query made to the parties, they confirm that they entered into the compromise out of their own will and without undue influence or coercion. 5. The compromise petition is taken on record. The terms of the compromise would form part and parcel of this order. In terms of the compromise, the Regular First Appeal stands disposed of. Decree to be drawn accordingly. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 26