- 1 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1304 OF 2023 (DEC/INJ) BETWEEN: SMT. *RUPINDER KAUR, W/O SRI MAHENDRA PAL SINGH, AGED ABOUT 49 YEARS, R/AT BAKSHISH, NO.26, 7TH CROSS, P.R.LAYOUT, MURGESHPALYA, BENGALURU-17. REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER MAHENDRA PAL SINGH S/O GURDAYAL SINGH, AGED ABOUT 56 YEARS, R/AT BAKSHISH, NO.26, 7TH CROSS, P.R.LAYOUT, MURUGESHPALYA, BENGALURU-17. …APPELLANT (BY SRI. RAVI H. K., ADVOCATE) * Corrected Vide Court Order dated 26.02.2026 Digitally signed by C PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 AND: 1 MS. BHUSHANAM SINCE DEAD BY LRS 1(a) SMT. K. UMA KASTHURI THILAGAM, AGED ABOUT 62 YEARS, W/O SRI A MANOHARAN, 1(b) SMT. K. JAYA BHAGYALAKSHMI AGED ABOUT 60 YEARS, W/O SRI. T. L. RAMESH BABU, BOTH ARE R/AT NO.106/54/, 11TH CROSS, 11TH MAIN, MALLESWARA, BENGALURU-03. 1(c) SMT. P. KALAIVANI RAJASHEKARAN, AGED ABOUT 79 YEARS, W/O SRI V. RAJASHEKARAN, R/AT PLOT NO.95, 1ST FLOOR, 3RD MAIN ROAD, VENKATARAMAN NAGARA, HASTHINAPURAM, CHENNAI-600 064, REP. BY THEIR EXECUTORS UNDER THE WILL. 1(d) SRI. V. RAJASHEKARAN AGED ABOUT 89 YEARS, S/O LATE C. VELAYUDHAM, R/AT PLOT NO.95, 1ST FLOOR, 3RD MAIN ROAD, VENKETARAMAN NAGARA, HASTHINAPURAM, - 3 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 CHENNAI-600064. 2. SMT. B. NANDINI W/O M. GOPI, AGED ABOUT 65 YEARS, NO.6, CAR STREET, 3RD CROSS, ULSOOR, BENGALURU-08. 3. SRI. B. GUNASEKAR, AGED ABOUT 59 YEARS, S/O LATE M. BALAN, NO.189/1, 7TH CROSS, 1ST MAIN, KURUBARAHALLI, BENGALURU-86. 4. SRI. B. KUMAR, AGED ABOUT 62 YEARS, S/O LATE M. BALAN, NO.9/3, 4TH CROSS, GUPTHA LAYOUT, ULSOOR, BENGALURU-08. 5. SRI. M. GOPI AGED ABOUT 70 YEARS, S/O LATE B. MADHAVAN, NO.6, CAR STREET, 3RD CROSS, ULSOOR, BENGALURU-08. 6. SRI. V. CHANDRASEKHAR S/O LATE P. VENKATASWAMY, AGED ABOUT 65 YEARS, R/AT NO.25, 'B' CROSS, NANJA REDDY COLONY, HAL POST, - 4 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 BENGALURU-17. 7. SMT. V. VARALAKSHMI W/O SRI. V. CHANDRASEKHAR, AGED ABOUT 63 YEARS, R/AT NO.25, 'B' CROSS, NANJA REDDY COLONY, HAL POST, BENGALURU-17 …RESPONDENTS (BY SRI. UMESH M. N., ADV. FOR C/R1(a) TO (d); SRI. V.VISWANATH SETTY, ADV. FOR R6 & R7) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.03.2023 PASSED IN OS No.16179/2003 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-22), DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 27.03.2023 in O.S No.16179/2003 passed by the Court of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru(CCH-22). 2. Learned counsel for the appellant and respondent No.1(a) to (d) jointly submit that the matter is settled between the parties before the Karnataka Mediation Centre and the report is placed. 3. We have perused the terms of the memorandum of settlement. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. 4. The terms of the memorandum of settlement reads as under: " I. The Appellant has filed above appeal set aside the impugned judgment and decree dated on 27.03.2023 passed by the XIII Addl. City Civil and Sessions Judge (CCH-22), Bengaluru in O.S.No. - 6 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 16179/2003. whereby the suit filed by the Late Bhushanam Since dead by Lrs i.e., respondent nos.1(a) to (d) for declaration, mandatory injunction, and other consequential reliefs in respect of the suit schedule property came to be decreed. II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant and the Respondent No.1(a) and 1(b) and 1(c) and 1(d) are represented by Respondent No.1(a) as a SPA Holder along with their respective Advocates were present, identified each other. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions. The Appellant and Respondent No.1(a) to 1(d) are the contesting parties to this appeal and are formal parties to the appeal. The Counsel for the Appellant has filed a Memo requesting to consider the memo and settle the matter. Copy of the memo is annexed to this settlement. 1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into consideration duration of the litigation and the litigation expenses. 2. The Appellant agrees to pay a total sum of Rs.1,75,00,000/-(Rupees One Crore Seventy Five Lakhs only) to the Respondent Nos.1(a) to 1(d) as hereunder, as full and final settlement of all claims, rights, title, interest, mesne profits, damages, costs and any other claims-past, present or future-arising out of or in relation to the suit schedule property. a) A sum of Rs.83,00,000 (Rupees Eighty Three Lakhs Only) vide two Demand Drafts in favour of Respondent 1(a)/Smt. Uma Kasturi Thilagam. Out of which a sum of Rs.49,00,000/- (Rupees Forty Nine Lakhs Only) vide demand draft bearing No.937723 drawn on Kotak Mahindra Bank, - 7 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 Indiranagar, Bengaluru has been handed over to the Respondent No.1(a) at the signing of this settlement and the remaining balance amount Rs.34,00,000/- (Rupees Thirty Four Lakhs Only) by way of demand draft bearing No.937722 dated 12.12.2025 drawn on Kotak Mahindra Bank, Indiranagar Branch, Bengaluru and it shall be handed over to the Respondent No.1(a) before the Hon'ble Court at the time of reporting settlement. b) Rs.59,00,000 (Rupees Fifty Nine Lakhs only) vide two Demand Drafts in favour of Respondent No.1 (b)/Smt. K.Jaya Bhagyalakshmi. Out of which Rs.49,00,000/- (Rupees Forty Nine Lakhs Only) vide demand draft bearing No.937718 drawn on Kotak Mahindra Bank, Indiranagar, Bengaluru has been handed over to the Respondent No.1(b) at the signing of this settlement and the remaining balance amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) vide demand draft bearing No.937724 dated 12.12.2025 drawn on Kotak Mahindra Bank, Indiranagar Branch, Bengaluru and it shall be handed over to the Respondent 1(b) before the Hon'ble Court at the time of reporting settlement. c) Rs.23,00,000 (Rupees Twenty Three Lakhs Only) vide Demand Draft bearing No.937719 dated 12.12.2025 drawn on Kotak Mahindra Bank, Indiranagar Branch, Bengaluru in favour of the Smt. Kalaivani Rajasekaran and handed over to the Respondent 1(a)/Smt. Uma Kasturi Thilagam for behalf of Respondent No.1(c) by virtue of Special Power Attorney dated 28.07.2025 bearing Document No.18 of 2025 executed by Respondent No.1(c) in favour of the Respondent 1(a) in this regard. d) A sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) vide demand draft bearing No. 937720 dated 12.12.2025 drawn on Kotak Mahindra Bank, Indiranagar Branch, Bengaluru in favour of Sri. Rajashekarn.V and handed over to Respondent 1(a)/Smt. Uma Kasturi Thilagam for behalf of Respondent No.1(c) by virtue of Special - 8 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 Power Attorney dated 28.07.2025 bearing Document No.18 of 2025 executed by Respondent No.1(c) in favour of the Respondent 1(a) in this regard. The copies of the said Special Power of Attorney dated 28.07.2025 bearing Document No.18 of 2025 and Special Power of Attorney dated 28.07.2025 bearing Document No.19 of 2025 executed are herewith enclosed. 3. The aforesaid distribution of the payment as per the understanding of the Respondent No.1(a) to (d). Any dispute, whatsoever between the executants and the Special Power of Attorney holder in respect of the amount paid as mentioned above or any other issues involving the aforesaid Special Power of Attorneys shall be solely the concern of Respondent No.1(a), 1(c) and 1(d). The Appellant shall not in any manner be liable or responsible for any such dispute. 4. Upon receipt of the aforesaid amount, the Respondent Nos.1(a) to 1(d) hereby unequivocally declare that they have no further right, title, interest and claims in favour of the Appellant and would immediately handover the possession of a portion of the western side of the suit schedule property with them delivered, in Execution Petition No.25256/2024. The rest of the suit schedule property remaining with the appellant. Thus, the possession of entire suit schedule property shall be with the Appellant. The Respondent No.1 (a) to 1 (d) would do all such acts to more fully confirm the value title and possession of the appellant over the suit schedule property. 5. The Respondent Nos.1(a) to 1(d) further confirm and acknowledge that the Appellant is the absolute owner of the suit schedule property under her registered sale deed dated 15.11.2010 bearing Document no.INR-1-00946-2010-11 Stored in Book-1, C.D.No.INRD17 in the office of the Sub-Registrar-Indiranagar, Bengaluru and that her right, title and possession over the suit schedule - 9 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 property is valid, absolute, lawful and marketable, and shall not be questioned hereafter. They undertake not to lay any claim, initiate proceedings, cause obstruction, or interfere with the title, peaceful possession, or enjoyment of the Appellant over the suit schedule property at any time in the future. 6. The Respondent No.1(a) to 1(d) shall have no objections for the receipt of the original documents in respect of the suit schedule property which are part of Trial Court records in O.S.No. 16179/2003 by the Appellant and the Appellant be permitted to receive the same. 7. This settlement is arrived at voluntarily and with full understanding of its legal consequences, without any coercion, misrepresentation, fraud or undue influence. 8. Both the parties agree to appear before the court with their proof of identity to enable the Hon'ble Court to record settlement. The suit schedule property measure 50x31 feet, However in the suit schedule property, measurement is shown as 50 feet x 30 feet. However the total measurement is correctly shown as 1550 square feet. Hence the correct measurement of schedule property is to be treated as 50 feet x 31 feet. SUIT SCHEDULE PROPERTY All that piece and parcel of the immovable property hearing No.409, situated at Domlur Extension, Bengaluru measuring 50x31 in all measuring 1550 Sq. Feet together with built up area of about 600 Sq. Ft. with R.C.C. roofing red- oxide flooring, jungle wood doors, steel windows with all civil amenities and Bounded on the; East by: Site No.436 West by: By Road - 10 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 North by: Site No.410 South by: Site No.408 III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders disposing off the above appeal in terms of this agreement with direction for drawing up of decree in terms of this settlement in accordance with Order XXIII Rule 3 CPC and further direct refund of court fees paid by the Appellant in RFA 1304/2023 and court fees paid in O.S.No.16179/2003 to Respondent No.1(b) Smt. K.Jaya Bhagyalakshmi Parties shall appear before the Hon'ble High Court for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court." 5. The appeal is disposed of in terms of the memorandum of settlement entered between the parties. The Registry shall draw up decree in terms of the memorandum of settlement. 6. Registry is directed to refund the eligible Court fee to the appellant on proper identification. 7. Learned counsel for the appellant and learned counsel for the respondents jointly submit that the learned mediator Shri. Mahesh, put his best efforts to resolve the - 11 - HC-KAR NC: 2025:KHC:54316-DB RFA No. 1304 of 2023 disputes. We place appreciation for his efforts. Registry shall forward copy of this order to the learned mediator for his information. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 40