Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER 2025
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
&
SRI. A. CHANDRACHUD, MEMBER
RSA NO 811 OF 2015 (Lok Adalat No.6082 /2025)
BETWEEN
1 . SMT. RUDRAMMA WIFE OF LATE SHANKARAPPA, AGED ABOUT 67 YEARS. 2 . CHANDRASHEKAR SON OF LATE SHANKARAPPA AGED ABOUT 47 YEARS
BOTH ARE RESIDING AT SAMPIGENAHALLI VILLAGE, BANNERGHATTA DAKHALE, JIGANI HOBLI, ANEKAL TALUK-570 002. ...APPELLANTS (BY SRI. N.K. SIDDESWARA, ADVOCATE)
AND 1 . P. MANJUNATH SON OF LATE PAPAIAH
2 AGED ABOUT 51 YEARS, RESIDING OF NO. 20, II CROSS, II MAIN ROAD, 1ST BLOCK, JAYANAGAR EAST, BENGALURU- 560 079. 2 . T. SHANTHARAJU, SON OF LATE T. DASAPPA, AGED ABOUT 57 YEARS, RESIDING OF NO. 142, 4TH MAIN, 100 FT. RING ROAD, KEB LAYOUT, BTM 1ST STAGE, BENGALURU- 560 076. …RESPONDENTS (BY SRI. MONESH KUMAR K B, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 PASSED IN R.A.NO. 5020/2013 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.09.2013 PASSED IN O.S.NO.1205/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., ANEKAL. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER
The Vakalath filed by learned counsel Sri.N.K.Siddeswara on behalf of appellant nos.1 and 2 with 'No Objection' from the previous counsel is accepted. 2. Both sides have settled the matter in terms of the compromise petition filed. The terms of settlement in clause 3 (a) to (i) reads as under:
3
"3. As against the Judgment and Decree passed by the Trial Court and 1st Appellate Court, the appellants have preferred the above Regular Second Appeal No.811/2015 before this Hon'ble Court.
The Appellants and the Respondents have decided to settle the dispute out of the court and entered into this compromise at the intervention of the friends, well-wishers and elders without any coercion and compulsion and they have voluntarily out of their free will and have mutually agreed to compromise under the following terms and conditions:
a) The appellants shall pay compromise amount of Rs.5,00,000/- (Rupees Five lakhs only) to the respondents, out of which a sum of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand only) to the 1st respondent, P Manjunath by way of DD No.682007 dated 11/12/2025 & a sum Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to the 2nd respondent, Sri T Shantharaju by way of DD No.682006 dated 11/12/2025 and the respondents shall not claim the same in future. b) The appellants shall have no objection to the Respondent No.2 to withdraw the amount of Rs.5,45,000/- (Rupees Five lakhs Forty Five thousand only) If accrued Interest available in which the 1st respondent has no objection for the same since the sald deposit made by the 2nd respondent. T
4 Shantharalu before the Trial Court in O.S.No.1205/2007 after the judgment and decree passed by the Trial Court. c) The appellants shall have no objection to the Respondent No.2. Sri T Shantharaiu to withdraw the amount of Rs.54.140/- (Rupees Fifty Four Thousand one hundred forty only) paid before the Trial Court towards Court Fee in O.S.No.1205/2007 in which the 1st respondent has no objection for the same towards refund of court fee before the Trial Court. d) The Respondents 1 & 2 shall have no objection to the Appellant No.2 to withdraw the amount of Rs.54,160/- (Rupees Fifty Four Thousand one hundred sixty only) paid before the 1st Appellate Court in R.A. NO.5020/2013 towards Court Fee in which the 1st appellant has no objection for the same towards refund of court fee before the 1st Appellate Court.
e) The Respondents 1 & 2 shall have no objection to the Appellant No.2 to withdraw the amount of Rs.54,140/- (Rupees Fifty Four Thousand one hundred forty only) paid before this Hon'ble Court in R.S.A. No.811/2015 towards Court Fee in which the 1st appellant has no objection for the same towards refund of court fee before this Hon'ble Court. f) The respondents shall have no objection to allow this appeal by setting aside the Judgment and Decree dated 30/09/2013 passed by the learned Senior Civil Judge &
5 JMFC, Anekal in O.S.No.1205/2007 Decreeing the suit filed by the respondents against the appellants which is confirmed by the 1st Appellate Court in R.A.No.5020/2013 dated 27/02/2015. g) The Respondents shall not have any right, title, interest and claim over the Suit Schedule property from the date of alleged agreement of sale dated 04/12/2004. h) The 2nd Appellant has been in peaceful possession and enjoyment of the suit schedule property as a joint owner during the life time of his father. After death of his father, he has been in peaceful possession and enjoyment of the same even to this day. During the pendency the above appeal, the family members of the appellants have partitioned their properties under the Registered Partition Deed dated 15/12/2021. Under the said partition, the Suit Schedule Property fallen to the share of 2nd Appellant herein and all the revenue records stands in the name of 2nd appellant. i) Both the Appellants 1 & 2 and the Respondents 1 and 2 shall not have any claim against each other from the date of this Compromise Petition in future."
3. In terms of clause 3 (a), Demand Draft bearing No.682007 dated 11.12.2025 for a sum of Rs.2,50,000/- drawn in favour of Sri.P.Manjunath, Demand Draft bearing No.682006 dated 11.12.2025 for a sum of Rs.2,50,000/-
6 drawn in favour of Sri.T.Shantharaju have been handed over to the respective parties who acknowledge receipt of the same. 4.
In terms of clause 3 (b), the appellants have no objection for respondent no.2 to withdraw the amount of Rs.5,45,000/- (Rupees Five Lakhs Forty Five thousand only) with accrued interest if any, which amount lies in deposit before the trial court. 5. In terms of clause 3 (c) the appellants have no objection for respondent no.2 Sri.T.Shantharaju to withdraw an amount of Rs.54,140/- (Rupees Fifty four thousand One hundred and Forty only) paid before the Trial Court towards court fees in O.S.No.1205/2007. 6. In terms of clause 3 (d), respondent nos.1 and 2 have no objection to appellant no.2 to withdraw an amount of Rs.54,160/- (Rupees Fifty Four thousand One Hundred and Sixty only) paid before the 1st Appellate Court in R.A.No.5020/2013 towards court fees. 7. In terms of clause 3 (e), respondent nos.1 and 2 have no objection to appellant no.2 to withdraw an amount of Rs.54,140/- (Rupees Fifty Four thousand One Hundred and Forty only) paid before this court in RSA No.811/2015 towards court fees. 7
8. In terms of clause 3 (f), respondents have no objection to allow the appeal. 9. Accordingly, in light of above settlement, the judgment and decree passed by the Senior Civil Judge & JMFC., Anekal in O.S.No.1205/2007 as well as the judgment by the First Appellate Court in R.A.No.5020/2013 stands set aside. Parties have been explained the terms of settlement and accepted the settlement on their own free will and volition and settlement is lawful. In light of settlement, agreement dated 04.12.2004 entered into between the parties stands rescinded. Accordingly, the appeal stands disposed of. Sd/- JUDGE
Sd/- MEMBER
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