- 1 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.192 OF 2022 (INJ) BETWEEN: 1. SRI R SRINIVASAMURTHY S/O LATE SRI RAMACHANDRAPPA @ RAMAIAH AGED ABOUT 49 YEARS. 2. SMT R SUMALATHA W/O R SRINIVASA MURTHY AGED ABOUT 41 YEARS BOTH ARE R/AT NO.47 SWASTHI ROAD, SHANTHINAGAR BANGALORE - 560 027. …APPELLANTS (BY SRI. SANKET M YENAGI AND SRI. GANAPATHI C.V., ADVOCATES) AND: SMT MUNIYAMMA D/O JAYAMMA, WO SURESH AGED ABOUT 47 YEARS R/AT NO.33/9, 9TH CROSS SOMESHWARA LAYOUT KODCHIKKANAHALLI MAIN ROAD BANNERGATTA ROAD BANGALORE – 560 076. …RESPONDENT (BY SRI. V.M. LAKSHMIPATHI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 20.12.2021 PASSED IN OS.No.6363/2015 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE C/C OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT In this appeal, appellants have sought for the following reliefs:- “i) To set aside the judgment and decree dated 20.12.2021 passed in O.S.No.6363/2015 by the Court of LX Addl. City Civil & Sessions Judge, C/c of XLIV Addl. City Civil & Sessions Judge, Bengaluru, in the interest of justice and equity. ii) Grant such other and further relief/s as are just under the facts and circumstance of the case in the interest of justice and equity.” 2. Learned counsel for the appellants – plaintiffs and learned counsel for the respondent – defendant have filed a Joint Compromise Petition under Order 23 Rule 3 of CPC duly signed by the appellants, respondent and their respective counsel and the same is taken on record. 3. Appellants – plaintiffs and their counsel and respondent – defendant and her counsel are physically present before the Court and they admit the contents of the Compromise Petition dated 06.11.2025. Parties are identified by their respective counsel. The Joint Compromise Petition reads as under:- - 3 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 “MEMORANDUM OF JOINT COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 The appellants and respondent above-named, through their respective Counsel, most respectfully submit this Joint Compromise Petition before this Hon'ble Court and state as follows: 1. That, the Appellants are the absolute owners of the House List No.6, old Khata No.33/9, new BBMP B-Khata, Sl.No.38. Property No.33/9/6, situated at Bilekahalli Village, Begur Hobli, Bangalore South Taluk, presently situated within the BBMP limits (hereinafter referred to as 'the suit schedule property’ and more fully described in the plaint schedule), having purchased the same from Sri. Ravi Kumar through an absolute sale deed dated 22.11.2013, registered in the Office of Sub-Registrar, at Bommanahalli, Bangalore vide Document No.BMH-1-07105-2013-14, stored in CD.No.BMHD654, Book No.1. 2. Due to the misunderstanding between the appellants and the respondent herein, the appellants had filed the suit for permanent injunction against the respondent herein in O.S. No.6363 of 2015 before the Court of LX Additional City Civil and Sessions Judge, Bangalore C/c the Court of XLIV Additional City Civil Sessions Judge, Bangalore City (CCH- 45) and the Hon'ble Court having refused to grant the relief to the appellants herein vide judgment in decree dated 20.12.2021, the appellants herein have approached this Hon'ble Court through the present Regular First Appeal. - 4 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 3. During the pendency of the present Regular First Appeal, due to the intervention of the elders in the locality, well-wishers and friends, the appellants and the respondent herein along with her family members have amicably settled their misunderstandings & disputes which are the subject matters of present proceedings and thereby have entered into the present compromise in token thereof on the following terms: (1) That, the Respondent herein, on her behalf and also on behalf of her family members hereby confirm that, the Appellants herein are the absolute owners of the property bearing House List No.6, old Khata No.33/9, new BBMP B-Khata. Sl.No.38, Property No.33/9/6, situated at Bilekahalli village, Begur Hobli, Bangalore South Taluk, presently situated within the BBMP limits (hereinafter referred to as ‘the suit schedule property’ and more fully described in the plaint schedule), having purchased from Sri. Ravi Kumar through an absolute sale deed dated 22.11.2013, registered in the Office of Sub-Registrar, at Bommanahalli, Bangalore vide Document No.BMH-1- 07105-2013-14, stored in CD.No.BMHD654, Book No 1. (2) The Respondent herein, on her behalf and also on behalf of her family members hereby confirm that, they have no further claim, right, or dispute pending against the Appellants, against right, title and interest of the Appellants in relation to the suit schedule property and also against the suit schedule property in any manner - 5 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 whatsoever and this compromise constitutes full and final settlement of the all disputes between the appellants and the respondent herein along with her family members, present and future (3) The Appellants herein have hereby made the payment of Rs.10,00,000 (Rupees Ten Lakhs only) by means of following five Demand Drafts to the Respondent and her family members as a full and final settlement of all their claims and disputes, present and future, in respect of the suit schedule property. The Respondent herein, on her behalf and also on behalf of her family members hereby acknowledge the receipt of the following payment as a full and final settlement of all their present and future claims and disputes in respect of the suit schedule property. 1. The Demand Draft No.029917 dated 06.10.2025 drawn on Karnataka Bank Ltd., Bilekahalli Branch, Bangalore favouring Kumar.S (Adhar No.565805197232) Rs.2,00,000.00 2. The Demand Draft No.029917 dated 06.10.2025 drawn on Karnataka Bank Ltd., Bilekahalli Branch, Bangalore favouring Jayamma (Adhar No.396073430550) Rs.2,00,000.00 3. The Demand Draft No.029916 dated 06.10.2025 drawn on Karnataka Bank Ltd., Bilekahalli Branch, Bangalore favouring Muniraju S. (Adhar No.292773078221) Rs.2,00,000.00 4. The Demand Draft No.029919 dated 06.10.2025 drawn on Karnataka Bank Ltd., Bilekahalli Branch, Bangalore favouring Muniyamma (Adhar No.502556398462) Rs.2,00,000.00 - 6 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 5. The Demand Draft No.029918 dated 06.10.2025 drawn on Karnataka Bank Ltd., Bilekahalli Branch, Bangalore favouring Suresh S. (Adhar No.616015805184) Rs.2,00,000.00 4. The parties to the present Regular First Appeal, therefore, in the light of above, jointly pray that this Hon'ble Court may allow the present Regular First Appeal, set aside the judgment decree dated 20.12.2021 passed by the Court of LX Additional City Civil and Sessions Judge, Bangalore C/c the Court of XLIV Additional City Civil and Sessions Judge, Bangalore City (CCH-45) in O.S.No.6363 of 2015, and pass a decree in accordance with the terms of this compromise 5. PRAYER In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to: a) Allow the compromise petition under Order 23 Rule 3 of the CPC; b) Allow the appeal by setting aside the impugned judgment and decree dated 20.12.2021 passed by the Court of LX Additional City Civil and Sessions Judge, Bangalore C/c the Court of XLIV Additional City Civil and Sessions Judge. Bangalore in O.S.No.6363 of 2015; c) Pass the decree in favour of the Appellants in terms of the compromise.” - 7 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 4. In view of the aforesaid settlement entered into between the appellants and respondent, I pass the following: ORDER (i) The appeal is hereby allowed and disposed of in terms of Joint Compromise Petition dated 06.11.2025 (ii) The judgment and decree dated 20.12.2021 passed in O.S.No.6363/2015 by the LX Addl. City Civil & Sessions Judge, Bengaluru C/c XLIV Addl. City Civil & Sessions Judge, Bengaluru City, is hereby set aside. (iii) The suit of the appellants – plaintiffs is disposed of in terms of the aforesaid Joint Compromise Petition dated 06.11.2025 by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the aforesaid Joint Compromise Petition. Registry is directed to draw up decree accordingly. (iv) Registry of this Court is directed to refund the entire (100%) Court fee paid by the appellants – plaintiffs on the Memorandum of Appeal back to the appellants, forthwith, without any delay. - 8 - HC-KAR NC: 2025:KHC:45011 RFA No. 192 of 2022 (v) Registry of the Trial Court is directed to refund the entire (100%) Court fee paid by the appellants – plaintiffs on the plaint back to the appellants – plaintiffs immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 3