- 1 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 971 OF 2023 (DEC/INJ-) C/W RFA CROSS OBJECTION NO. 19 OF 2024 IN RFA No. 971/2023 BETWEEN: 1(a) 1(b) 1(c) SRI BHAWAR LAL, SINCE DEAD BY LR'S KANAKO DEVI W/O LATE BHAVARLAL MALOO, AGED ABOUT 75 YEARS, AADHAR NO.512514906350, RESIDING AT D BLOCK, 1802 ETA, "THE GARDENS", MAGADI ROAD, NEAR BONNY STONE MAGADI ROAD, BENGALURU NORTH, BENGALURU-560 023. GAUTHAM MALOO, S/O LATE BHAWARLAL MALOO, AGED ABOUT 57 YEARS, AADHAR NO.218871984212 DHANRAJ MALOO, S/O LATE BHAWARLAL MALOO, AGED ABOUT 51 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 1(d) 1(e) 1(f) 1(g) 1(h) 1(i) AADHAR NO.563776250668 MAHAVEER MALOO, S/O LATE BHAWARLAL MALOO, AGED ABOUT 47 YEARS, AADHAR NO.648641470702 GAMU DEVI, D/O LATE BHWARLAL MALOO, AGED ABOUT 54 YEARS, AADHAR NO.67875102477 LEELA DEVI, D/O LAGE BHWARLAL MALOO, AGED ABOUT 49 YEARS, AADHAR NO.813981576753, SEEMA DEVI, D/O LATE BHWARLAL MALOO, AGED ABOUT 44 YEARS, AADHAR NO.723913906863, GEETHA DEVI, D/O LATE BHWARLAL MALOO, AGED ABOUT 40 YEARS, AADHAR NO.986110946220 MEENA DEVI, D/O LATE BHAWARLAL MALOO, AGED ABOUT 36 YEARS, AADHAR NO.473875287708 LRS NO.1(b) TO 1(i) ARE ALL RESIDING AT NO.102 & 24/1, TRUPTI APARTMENT, JAIN TEMPLE ROAD, V.V.PURAM, BENGALURU - 560 004. ( LR'S BROUGH ON RECORD VIDE ORDER DATED 26.04.2025) …APPELLANTS (BY SRI. SUBRAMANYA R, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 AND: 1. 1(a) SRI MEWARAM R SHA S/O SRI RAMLALJI, NO.16-17, III FLOOR, SHARMA COMPLEX, CHICKPET, BENGALURU-560 053 SINCE DECEASED BY HIS LEGAL REPRESENTATIVES SMT. KAMALADEVI W/O LATE MEWARAM R. SHAW AGED ABOUT 69 YEARS 1(b) SMT. MANJU D/O LATE MEWARAM R. SHAW AGED ABOUT 50 YEARS, 1(c) SMT. LALITA D/O LATE MEWARAM R. SHAH AGED ABOUT 47 YEARS, 1(d) SMT. SARITA D/O LATE MEWARAM R. SHAH AGED ABOUT 43 YEARS, 1(e) SMT. DEEPA D/O LATE MEWARAM R. SHAH AGED ABOUT 40 YEARS, 1(f) SRI.MOOLCHAND S/O LATE MEWARAM SHAH AGED ABOUT 39 YEARS, 1(g) SRI.BHARATH S/O LATE MEWARAM R. SHAH AGED ABOUT 36 YEARS, ALL ARE RESIDING AT: "SHARMA COMPLEX" NO.16, 17,3RD FLOOR, CHICKPETE MAIN ROAD, - 4 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 CHICKPETE, BENGALURU-560 053. 2. SRI SURAJ MAL MALOO, S/O RAMLALJI, AGED ABOUT 70 YEARS, R/AT # 16-17, III FLOOR, SHARMA COMPLEX, CHICKPET, BENGALURU-560 053. 3. SRI. PREMKUMAR S/O SRI SURAJ MALOO, AGED ABOUT 41 YEARS, R/AT # 16-17, III FLOOR, SHARMA COMPLEX, CHICKPET, BENGALURU-560053. 4. M/S NITESH ESTATE PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SRI NITESH SHETTY, NO.107, 1ST FLOOR, ANDREWS BUILDING, BENGALURU-56001. …RESPONDENTS (BY SRI. ARAVIND M NEGLUR, ADVOCATE FOR C/R1-R9) SMT. SUMANA NAGANAND, ADVOCATE FOR R10 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.04.2023 PASSED IN OS.NO.830/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. IN RFA.CROB NO. 19/2024 BETWEEN: 1(a) SRI. MEWARAM R SHA SINCE DECEASED, REP. BY HIS LRS AND OTHERS, SMT. KAMALADEVI, - 5 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 W/O. LATE MEWARAM R. SHAH, AGED ABOUT 70 YEARS, 1(b) SMT. MANJU D/O. LATE MEWARAM R. SHAH, AGED ABOUT 51 YEARS, 1(c) SMT. LALITA D/O. LATE MEWARAM R. SHAH, AGED ABOUT 48 YEARS, 1(d) SMT. SARITA D/O. LATE MEWARAM R. SHAH, AGED ABOUT 44 YEARS, 1(e) SMT. DEEPA D/O. LATE MEWARAM R. SHAH, AGED ABOUT 41 YEARS, 1(f) SRI. MOOLCHAND S/O. LATE MEWARAM R. SHAH, AGED ABOUT 40 YEARS, 1(g) SRI. BHARATH S/O. LATE MEWARAM R. SHAH, AGED ABOUT 37 YEARS, ALL ARE RESIDING AT: "SHARMA COMPLEX" NO.16-17, 3RD FLOOR, CHICKPET MAIN ROAD, BENGALURU-560 053. 2. SRI. SURAJ MAL MALOO S/O. RAMLALJI, AGED ABOUT 71 YEARS, R/AT NO. 16-17, 3RD FLOOR, SHARMA COMPLEX, CHICKPET, BENGALURU-560 053. 3. SRI. PREMKUMAR S/O. SURAJ MALOO, - 6 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 AGED ABOUT 42 YEARS, R/AT NO. 16-17,3RD FLOOR, SHARMA COMPLEX, CHICKPET, BENGALURU-560 053. ...APPELLANTS (BY SRI. NEGLUR ARAVIND, ADVOCATE) AND: 1. SRI BHAWAR LAL S/O. SRI. RAMLALJI, AGED ABOUT 81 YEARS, R/AT NO. 102, 24/1, TRUPTI APARTMENTS, JAIN TEMPLE ROAD, V.V. PURAM, BENGALURU-560 004, REP. BY GPA HOLDER, SRI. CHANDRE GOWDA. PRESENTLY AT: NO. D-1802, ETA GARDEN, BINNY STONE, MAGADI ROAD, BENGALURU-560 023. ALSO AT R/O. AT KARMUJI KI GALLI, MAHABAHAR ROAD, DHANI BAZAR, BARMAR, RAJASTHAN-344 001. 2. M/S. NITESH ESTATE PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SRI. NITESH SHETTY, NO. 107, 1ST FLOOR, ANDREWS BUILDING, BENGALURU-560 001. ...RESPONDENTS (BY SRI. SUBRAMANYA R, ADVOCATE FOR R1, SMT. SUMANA NAGANAND, ADVOCATE FOR R2) THIS RFA CROB IN RFA NO. 971/2023 FILED UNDER ORDER 41 RULE 22 OF THE CPC., AGAINST THE JUDGEMENT - 7 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 AND DECREE DATED 11.04.2023 PASSED IN OS NO.830/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel for the parties that the disputes between the parties are being compromised and that the terms of the compromise have been reduced into writing and has been duly signed by all the parties. 2. The memorandum of compromise petition is also placed on record which is signed by the parties who were duly identified by the learned counsel appearing on their behalf. 3. All the parties are present before the Court today and submit that they are aware of the terms of the compromise and have affixed their signature after reading the terms of the compromise. - 8 - HC-KAR NC: 2025:KHC:32757-DB RFA No. 971 of 2023 C/W RFA.CROB No. 19 of 2024 4. This is not objected to by the learned counsel appearing for respondents No.1 to 9. No rights of respondent No.10 or the agreements entered into by him shall be affected by the compromise as recorded here and respondents No.1 to 9 shall also be bound by the disabilities, if any of the appellant in terms of the agreements entered into. 5. It is further submitted that the appeal as well as the cross objection do not survive in view of the compromise. 6. In the above view of the matter, the appeal as well as the cross objection are disposed of in terms of the compromise. Decree shall be drawn accordingly. 7. The Court fee shall be refunded to the appellant in RFA No.971/2023 and the cross objectors in RFA CROB No.19/2024 on proper identification by the Registry. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV/List No.: 3 Sl No.: 1 Page No.8 is retyped and replaced vide court order dated 26.09.2025