- 1 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.636 OF 2024 (DEC/PAR) BETWEEN: 1. SRI. BASAVARAJU N., S/O LATE NAGAIAH AGED ABOUT 54 YEARS R/AT NO.2376/A, NEW NO.CH 18/1 4TH CROSS, KANTARAJ URS ROAD K.G.KOPPALU, CHAMARAJA MOHALLA MYSURU-570 023. …APPELLANT (BY SRI. KALYAN R., ADVOCATE) AND: 1. SRI. M.B.MAHADEVAIAH SINCE DEAD BY LRS. SMT. M.KALPANA W/O M.T.MANJUNATHA D/O LATE M.B. MAHADEVAIAH AGED ABOUT 59 YEARS R/AT NO.8, NEW KANTHARAJ URS ROAD NIVEDITANAGAR MYSURU – 570 022. 2. MADHUKAR S/O LATE M.B. MAHADEVAIAH AGED ABOUT 57 YEARS R/AT NO.116, 7TH CROSS CHBS LAYOUT, VIJAYANAGAR BENGALURU - 560 040. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 3. SMT. CHIKKABORAMMA @ THAYAMMA W/O LATE M.B.SIDDALINGAIAH AGED ABOUT 70 YEARS 4. MAHADEVA S/O LATE M.B.SIDDALINGAIAH AGED ABOUT 43 EYARS 5. JAGADISH S/O LATE M.B.SIDDALINGAIAH AGED ABOUT 51 YEARS RESPONDENTS NO.1 TO R5 ARE R/AT NO.2376, CH 18, KANTHARAJ URS ROAD K.G.KOPPALU, MYSURU-570 005. 6. M.B.KRISHNAPPA SINCE DEAD BY LRS. SMT. SHANTHAMMA W/O LATE M.B. KRISHNAPPA AGED ABOUT 68 YEARS 7. PALLAVI D/O LATE M.B.KRISHNAPPA AGED ABOUT 47 YEARS BOTH R/AT NO.28, BANK EMPLOYEE COLONY BOGADI MYSURU-570 026. 8. PUTTALINGAMMA SINCE DEAD, REP. BY LRS D1(a) and 1(b) SMT. ANNAPOORNAMMA W/O LATE M.B.CHOWDAIAH AGED ABOUT 66 YEARS - 3 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 9. C. MAHESH S/O LATE M.B. CHOWDAIAH AGED ABOUT 51 YEARS 10. SMT. B MADHUMATHI D/O LATE M.B.CHOWDAIAH AGED ABOUT 53 YEARS RESPONDENTS NO.8 TO R10 ARE ALL R/AT DP/MP/41 4TH MAIN, 7TH ‘A’ CROSS RPC LAYOUT, VIJAYANAGAR BENGALURU-560 040. 11. M.B.LAKSHMAMMA W/O G. SHANKAR AGED ABOUT 69 YEARS R/AT NO.515, 11TH CROSS WEST OF CHORD ROAD 2ND STAGE, 1ST BLOCK RAJAJINAGAR BENGALURU-560 010. 12. M.C.RAMESH S/O M.B.CHOWDAIAH AGED ABOUT 50 YEARS R/AT DP/MP/41, 4TH MAIN 7TH ‘A’ CROSS, RPC LAYOUT VIJAYANAGARA BENGALURU-560 040. …RESPONDENTS (BY SRI. NAVEEN CHANDRA N., ADVOCATE FOR R1 TO R3, R5 AND R11; R4, R6 TO R10 ARE DELETED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.12.2023 PASSED IN R.A.NO.538/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT - 4 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 AND DECREE DATED 17.09.2019 PASSED IN O.S.NO.460/2004 ON THE FILE OF THE ADDITIONAL COURT OF SMALL CAUSES, MYSURU AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The appellant and respondent Nos.1 to 3, 5 and 11 have filed compromise petition under Order 23 Rule 3 of CPC and all of them have signed the compromise petition. 2. The appellant and respondent Nos.1 to 3, 5 and 11 are present before the Court along with their respective counsel. 3. In terms of the compromise, the respondents hereby give up or relinquish their right, share and interest in respect of the suit schedule property in favour of the appellant herein by receiving money from the appellant as follows: a. The value of the share of respondent Nos.1 and 2 is arrived at Rs.50,000/- and the - 5 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 said amount is paid by way of two crossed cheques drawn in favour of respondent Nos.1 and 2 each Rs.25,000/-; b. Respondent Nos.3 and 5 share is arrived at Rs.30,000/- and the said sum of Rs.30,000/- is paid by way of crossed Cheque drawn in favour of respondent Nos.3 and 5 that is Rs.15,000/- each by way of two cheques; c. The value of the share of respondent No.11 is arrived at Rs.25,000/- and the said amount is paid by way of crossed Cheque. 4. In terms of the compromise, the share of respondent Nos.1, 2, 3, 5 and 11 is fully settled as mentioned above with respect of the schedule property and respondents herein do hereby confirmed the registered sale deed having received the above mentioned - 6 - HC-KAR NC: 2025:KHC:27349 RSA No. 636 of 2024 amount and also declared that there is no future claim whatsoever in respect of the suit schedule property. 5. Parties have understood the contents of the compromise and accepted the same. The compromise petition is accepted. 6. This compromise is also in respect of respective shares of respective respondents who have received the consideration. Accordingly, this Regular Second Appeal is disposed of in terms of the compromise. 7. In view of disposal of the main appeal, I.As. if any, do not survive for consideration and the same stand dismissed. Sd/- (H.P.SANDESH) JUDGE ST/SN List No.: 1 Sl No.: 21