- 1 - HC-KAR NC: 2025:KHC:49759 RSA No. 377 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.377 OF 2021 (DEC/INJ) BETWEEN: 1. MR. ANSAR PASHA, S/O LATE MOHAMMED HAYATH, AGED ABOUT 57 YEARS, MASJID ROAD, SOMINAKOPPA, KOTEGANGARAJU POST, SHIVAMOGGA TALUK-577216, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: 1. MR. MOHAMMED HUSSAIN, S/O LATE MOHAMMED HAYATH, AGED ABOUT 79 YEARS, R/O NO.173-A, NEAR WATER TANK, UPPER TUNGANAGARA EAST SIDE, SHIVAMOGGA-577201. …RESPONDENT (BY SRI. R. KIRAN, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.03.2021 PASSED IN R.A.No.13/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 21.12.2018 PASSED IN OS No.891/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, AT SHIVAMOGGA. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49759 RSA No. 377 of 2021 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The appellant, the respondent and their respective learned counsel are present before the Court and the respective learned counsel identifies both the appellant and the respondent. 2. The parties have filed a compromise petition under Order 23 Rule 3 of CPC. In terms of the compromise, the appellant has paid an amount of Rs.18,00,000/- (Rupees Eighteen Lakhs only) by way of Cheque bearing No.017913 dated 04.11.2025 drawn on Canara Bank, S.T. Road Branch, Shivamogga, in favour of the respondent and the respondent acknowledges the receipt of the same before the Court. The respondent/plaintiff confirms that neither himself nor his children have got any right, title and interest in the suit schedule property. - 3 - HC-KAR NC: 2025:KHC:49759 RSA No. 377 of 2021 3. In view of the settlement arrived between the parties, the judgment and decree passed by the III Additional Civil Judge and JMFC at Shivamogga in O.S.No.891/2013 is set aside and the plaintiff/respondent is permitted to withdraw the suit in O.S.No.891/2013 in terms of the compromise. 4. The parties have understood the compromise terms and the respondent acknowledges the receipt of the Cheque before the Court and hence, the compromise petition is accepted. The compromise is subject to honoring of the cheque. 5. The second appeal is disposed of in terms of the compromise. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 31