- 1 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 955 OF 2020 (PAR/DEC) BETWEEN: SRI. VASAVI EDUCATION TRUST (R) KALYA GATE, MAGADI TOWN REPT. BY ITS PRESIDENT S.G.RAMESH GUPTA S/O LATE GOPALAKRISHNA SETTEE AGED ABOUT 55 YEARS …APPELLANT (BY SRI.SARAVANA S., ADVOCATE) AND: 1. M SHARADAMMA W/O M R RAMACHANDRA AGED 64 YEARS R/O DOOR NO. 190 3RD CROSS, OPP. OPPOSITE VANI VIDYA MANDIR SCHOOL 40 FEET ROAD, KEMPEGOWDA NAGAR MAGADI MAIN ROAD VISHWA NEEDAM POST BANGALORE - 560 009 2. R RENUKA W/O H B PALAKSHA AGED ABOUT 54 YEARS R/O DOOR NO.1676 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 SRI RANGADAMA NILAYA UTTARA BADAVANE HASSAN - 573 201 3. RAVAMMA W/O KEMPATHIMMAIAH AGED 79 YEARS R/O LAKSHMANAPPA LAYOUT BEHIND KEB, SUBHASHNAGAR NELAMANAGALA BANGALORE - 562 123 3(a) SMT.MAMATHA W/O H.K.NARAYANAPPA AGED ABOUT 62 YEARS R/AT HINDISKERE VILLAGE C.S.PURAHOBLI, GUBBI TALUK TUMKUR-572 101 3(b) SMT.KATHYAYINI W/O RAMESH AGED ABOUT 54 YEARS R/AT OIL MILL OPP.JAYABHARATH TALKIES MANDIPETE, TUMKUR – 572 101 3(c) SRI.DAYANANDA G.K. S/O LATE KEMPATHIMMAIAH AGED ABOUT 47 YEARS R/AT MAGGADAVARA BEEDI KASABA HOBLI, GUBBI TOWN GUBBI TALUK, TUMKUR – 572 101 3(d) SRI.KANTHARAJU G.K. S/O LATE KEMPATHIMMAIAH - 3 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 AGED ABOUT 42 YEARS R/AT LAKSHMANAPPA LAYOUT SUBHASHNAGARA BEHIND KEB NELAMANGALA TOWN BENGALURU – 562 123 3(e) SRI.MANJUNATH G.K. S/O LATE KEMPATHIMMAIAH AGED ABOUT 40 YEARS R/AT MAGGADAVARA BEEDI KASABA HOBLI GUBBI TOWN, GUBBI TALUK TUMKUR – 572 101 4. JAYAMMA (RICE MERCHANT) W/O LATE REVANNA AGED 73 YEARS R/O DOOR NO. 1264 GANIGARA BEEDI MAGADI TOWN RAMANAGAR - 562 120 5. RAMESH S/O LATE REVANNA AGED 45 YEARS R/O DOOR NO. 1264 GANIGARA BEEDI MAGADI TOWN RAMANAGAR - 562 120 6. SMT. PADMAVATHAMMA W/O VENKARAMAIAH MAJOR, KALYA GATE MAGADI TOWN RAMANAGAR – 562 120 - 4 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 7. MAHALINGAIAH S/O YANJARAPPA MAJOR, R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120 8. B S RAGAVENDRA S/O SEETHARAMAIH AGED 45 YEARS R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120 9. SMT. SARASWATHI BAI W/O LATE M R SATAVAJIRAO MAJOR, R/O KALYA GATE MAGADI TOWN RAMANAGAR - 562 120 10. SMT. PARVATHAMMA W/O M S SRINIVASA AGE 37 YEARS R/O BEHIND NIRMALA THIATOR KALYA GATE, MAGADI TOWN RAMANAGAR - 562 120 11. B H BYRAIH S/O LATE ANGADI BYURAPPA AGED 44 YEARS R/O MATTA VILLAGE MADABAL HOBLI MAGADI TALUK BANGALORE RURAL DISTRICT - 561 201 - 5 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 12. SRI A P NAGENDRA BABU S/O LATE PUTTARANGASHETT AGED 47 YEARS R/O NO.881/815, MAIN ROAD MAGADI TOWN RAMANAGAR - 562 120 13. SRI C NARASAIAH S/O CHANNAIAH ALIAS CHANNAPPA AGED 40 YEARS R/O MATADA PALYA AGALAKATTE POST, KASABA HOBLI MAGADI TALUK RAMANAGARA DISTRICT …RESPONDENTS (BY SRI.P.M.SIDDAMALLAPPA, ADVOCATE FOR LRS.R3(a) TO R3(e)) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.11.2019 PASSED IN O.S.NO.474/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 6 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 ORAL JUDGMENT 1. Learned counsel for the respective parties filed a memo dated 16.07.2025, seeking compromise under Order 23 Rule 3 of Code of Civil Procedure. The averments of the said memo reads as under: 2. By impugned Judgment and Decree dated 18.11.2019. The Trial Court, Senior Civil Judge at Magadi as held Plaintiff No.3(Respondent No.3) is entitled for relief 1/3rd Share in (A Schedule Property) further the 3rd Respondent/3rd Plaintiff in the Original Suit in O.S.No.474/2014 (Old No.275/2012) pre- deceased leaving the 3(a) to 3(e) as her Legal Representatives. 3. The Appellant is the 3rd defendant in the Suit, having interest in an extent of 1 acre 30 Guntas in (A) Schedule Property purchased under registered sale deed dated 23.09.1991 (Portion of which, described as ‘B’ Schedule to the suit). 4. Having regard that the Appellant/3rd defendant is a educational trust and developed (‘B’ schedule) as Education Institute by setting up requisite infrastructure, buildings and running Institution by imparting Courses in various Education Discipline. And above appeal is decreed as against Respondents No.1 & 2 (plaintiff no.1 & 2) upon the advice of the well- - 7 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 wishers, parties to this petition the legal representatives of 3rd respondent have decided to resolved the dispute with respect to shares held by the Deceased Respondent no.3 i.e., 3rd plaintiff in (B) Schedule property and after several rounds of deliberations the parties (Appellant (D3) & Legal representatives of Plaintiff No.3 (Respondents no.3 (a) to (e) have arrived for amicable settlement and decided to compromise the dispute so far it relates to the rights, Interest with respect to the shares of the Plaintiffs no.3/Respondent Nos.3, as declared by the Trial Court in an extent of 1/3rd share of Plaintiff no.3 in the following Manner: a. The legal representatives of respondents no.3 here by release. Relinquish, assign and transfer their declared 1/3rd Share in favour of the Appellant/Defendant No.3 by receiving a consideration in full and Final settlement in sum of rupees One Crore twenty Five Lakhs. b. The appellant has made payment in sum of rupees One Crore Twenty Five Lakhs each by way of i. Demand Draft No.725832 Drawn in Bank of Baroda in name of Mamatha G.K., dated 04.06.2025 in sum of Rupees 36.00.000/- Thirty Six Lakhs Only. ii) Demand Draft No.725834 Drawn in Bank of Baroda in name of Kathyayini dated 04/06/2025 In sum of Rupees 22,00,000.00/- Twenty Two Lakhs Only. - 8 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 iii) Demand Draft No. 725835 Drawn in Bank of Baroda in name of Dayananda G.K, dated.04/06/2025 in sum of Rupees 28,00,000.00/-Twenty Eight Lakhs Only iv) Demand Draft No. 725831 Drawn in Bank of Baroda in name of Kantharaju G.K dated.04/06/2025 in sum of Rupees 24,00,000.00/- Twenty Four Lakhs Only. v) Demand Draft No.725833 Drawn in Bank of Baroda in name of Manjunath.G.K, dated.04/06/2025 in sum of Rupees 15,00,000.00/- Fifteen Lakhs Only. And handed over the Demand drafts to the afore mentioned respective legal representative respondent no.3 respectively this day. The receipt of which is acknowledged 5. By virtue of the above settlement the entitled shares of the legal representative of respondent no.3 that is un-divided share of the 3rd plaintiff to an extent of 1/3rd share as declared in the Judgment and decree dated.18/11/2019 in O.S.No.474/2014 on the file of the Senior Civil Judge at Magadi that is claim of Respondent No.3/Plaintiff no.3 stands extinguished in terms of this Compromise. 6. The legal representative respondents no.3 shall at all times hereafter indemnify and keep indemnified the Appellant against any loss, damages, costs, charges if any suffered by reason of defect in rights /interest and any further claims/disputes made - 9 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 by any third person or from the persons claiming in the name of Respondent no.3 with respect to 'B' Schedule Property to this compromise petition to extent of rights/ interest of shares of respondent no.1 & 2 as declared under Judgment and decree passed in O.S.No.474/2014 [Old no. 275/2012] dated.18.11.2019, on the file of the Senior Civil Judge at Magadi. 7. The parties have entered into this compromise out of free will and volition without any compulsion, coercion and this compromise is worked out in the best interest of all the parties concerned”. 2. Parties are present. Legal representatives of respondent Nos.3(a) to (e) are present before this Court. Learned counsel for the respondents identified all the legal representatives of respondent No.3. 3. Today, the learned counsel for the appellant made payment in terms of settlement arrived at between the parties. Learned counsel for the respondents acknowledges the same. In view of the settlement arrived at between the parties the, I proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC:35243 RFA No. 955 of 2020 ORDER i. The Regular First Appeal stands disposed of. ii. The judgment and decree dated 18.11.2019 passed in O.S.No.474/2014 on the file of Senior Civil Judge and JMFC, Magadi, is hereby, set aside. iii. Draw decree accordingly. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 12