- 1 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 43412 OF 2019 (KLR-RES) BETWEEN: 1. SRI ANAND S/O SRI HEMA REDDY AGED ABOUT 47 YEARS 2. SRI RAMACHANDRA S/O SRI HEMA REDDY AGED ABOUT 42 YEARS BOTH ARE RESIDING AT ADDEVISHWANATHAPURA VILLAGE HESARAGHATTA HOBLI BENGALURU NORTH(ADDL) TALUK PRESENLTY YELAHANKA TALUK BENGALURU-561 203 …PETITIONERS (BY SRI. SHANKAR G, ADVOCATE) AND: 1. SMT B VARALAKSHMI @ LAKSHMI D/O SRI A BYRAPPA AGED ABOUT 36 YEARS 2. SRI B AMBARISH S/O SRI A BYRAPPA AGED ABOUT 34 YEARS BOTH ARE RESIDING AT ADDEVISHWANATHAPURA VILLAGE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 HESARAGHATTA HOBLI, ARAKERE POST BENGALURU NORTH(ADDL) TALUK PRESENLTY YELAHANKA TALUK BENGALURU-561 203 3. THE JOINT DIRECTOR OF LAND RECORDS DEPUTY COMMISSIONER'S OFFICE BENGALURU URBAN DISTRICT BENGALURU-560 009 4. THE TAHSILDAR BENGALURU NORTH(ADDL.) TALUK PRESENTLY YELAHANKA TALUK YELAHANKA, BENGALURU-560 064 5. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU NORTH SUB-DIVISION PRESENTLY AT MINI VIDHANA SOUDHA YELAHANAK TALUK, YELAHANKA BENGALURU-560 064 6. SMT PARVATHAMMA W/O LATE MUNIYAPPA AGED ABOUT 64 YEARS R/O CHIKKAGUBBI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU-560 077. …RESPONDENTS (BY SRI. H.R RAGHU, ADVOCATE FOR SRI. PRAKASH T HEBBAR, ADVOCATE FOR C/R1 & R2, SRI. RAHUL CARIAPPA K.S, AGA FOR R3 - R5, R6 - DELETED VIDE ORDER DATED 11.12.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DAETD 6.9.2019 PASSED BY THE KARNATAKA APPELALTE TRIBUNAL (CCH-2) BENGALURU IN APPEALL; NO.504/2018, PRODUCED AT ANNX-J. - 3 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER Learned counsel for the respective parties have filed a memorandum of compromise petition under Order XXIII Rule 3 of CPC and jointly submits that they have settled the dispute amicably. 2. The memorandum of compromise petition reads as under: "MEMORANDUM OF COMPROMISE BETWEEN THE PETITIONERS AND RESPONDENT NOS.1 AND 2 UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE: The petitioners, respondent Nos. 1 and 2 respectfully submit as follows: 1. The petitioners are the rightful owners in lawful possession and enjoyment of the agricultural land bearing Sy.No.119/2 of Adde Vishwanathapura village, Hesaraghatta Hobli, Bengaluru North taluk, measuring 02 (two) acres, bounded on the east by ; road and then land in Sy. No. 120 belonging to Prakash, - 4 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 Ramanna and Vijayalakshmi, west by; land bearing Sy.No.116, north by; land in Sy.No.119/1 belongs to Amarish and Varalakshmi and south by; boundary of Adde village and thereafter Grmathana property. 2. The respondents Nos.1 and 2 are the owners and in possession of land Sy.No.119/1 of Adde village, measuring 02 (two) acres 25 (twenty five) guntas including two guntas of kharab, situated on the northern side of the petitioners' land. The title and possession of the petitioners are not in dispute between the petitioners and the respondent Nos.1 and 2. All the title documents and the revenue documents pertaining to the land Sy.No.119/2 measuring 02 acres belonging to the petitioners are proper. However, the revenue sketch prepared by the 5th respondent herein, in respect of land bearing Sy.No.119/2 measuring 02 acres is incorrect, the petitioners preferred an appeal in Appeal No.84 of 2015-16 before third respondent. The respondent No.1, 2 and 6 appeared and contested the appeal. 3. It is submitted that the third respondent allowed the appeal. Therefore, aggrieved by the order dated 22.03.2017 passed by the third respondent in Appeal No.84/2015-16, the - 5 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 respondent Nos. 1 & 2 filed an appeal before the Karnataka Appellate Tribunal in Appeal No.504/2018. Even the Karnataka Appellate Tribunal allowed the appeal on 6.9.2019. Aggrieved by the impugned orders, this writ petition was filed. In the meantime, there was a civil dispute between the petitioners and the respondent Nos.1 and 2. Although the suit filed by the petitioners in O.S.No.829 of 2009 filed by the petitioners was dismissed, the appeal filed by the petitioners in R.A.NO.24 of 2017, is allowed and the permanent injunction is granted in favour of the petitioners in respect of 02 acres of land in Sy.No.119/2 of Adde vishwanathapura village. 4. it is submitted that thereafter, at the intervention of well wishers, the petitioners and the respondent Nos. 1 and 2 mutually negotiated and settled the dispute among them. It is submitted that the land possessed by the respondent No.6 is re-conveyed to the respondent Nos. 1 and 2. Therefore, the presence of the respondent No.6 is no more required in this matter. The respondent No.6 is deleted from the proceedings. 5. It is submitted that the Sy.No.119/1 of Adde Vishwanathapura village, measuring 02 - 6 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 acres 25 guntas is presently bifurcated as Sy.Nos. 119/3 and 119/4. However, even these hissa phod of survey number belong to the respondent Nos. 1 and 2 only. Therefore, they have no objection to cancel the existing phod /durasth and conduct the durasth /phod afresh in terms of the following terms of compromise. 6. It is submitted that now it is mutually settled between the petitioners and the respondent Nos. 1 and 2 that the land bearing Sy.No.119/1 of Adde Vishwanathapura village, measuring to an extent of 02 acres 28 guntas situated on the northern side belong to the respondent Nos. 1 and 2 and the land bearing Sy. No.119/2 of Adde Vishwanathapura village, measuring to an extent of 01 acre 37 guntas shall belong to the petitioners. The petitioners are giving up 03 guntas of land to the respondent Nos. 1 and 2 by this compromise. 7. The land bearing Sy.No.119/1 of Adde Vishvanathapura village, Hesaraghatta Hobli, Yelahanka taluk, Bengaluru Urban District, measuring 02 (two) acres 28 (twenty eight) guntas including two guntas of kharab, more fully described in the schedule 'A' hereunder and hereinafter referred to as 'the schedule 'A' property. - 7 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 8. The land bearing Sy.No.119/2 of Adde Vishvanathapura village, Hesaraghatta Hobli, Yelahanka taluk, Bengaluru Urban District, measuring 01 (one) acre 37 (thirty seven) guntas, more fully described in the schedule 'B' hereunder and hereinafter referred to as 'the schedule 'B' property. 9. The schedule 'A' property is situated on the northern side and the schedule 'B' property is situated on the southern side. Presently the respondent No.1 has built a house on the border in between Sy.No.119/1 and Sy.No.119/2. This house premises shall now coming within the boundary of schedule 'A' property. Accordingly a rough sketch is prepared and duly signed by both the petitioners and the respondent Nos.1 and 2. Both the petitioners and the respondent Nos. 1 and 2 have agreed to re-fix the boundaries based on this rough survey sketch. 10. Both the petitioners and the respondent Nos. 1 and 2 have agreed to get the fresh durash/phod of Sy.Nos.119/1 and 119/2 as per the schedule 'A' and 'B' respectively described hereunder below with a direction to the respondent Nos.3 to 5 to prepare the phod/revenue sketch afresh by cancelling the existing disputed revenue sketch/phod. - 8 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 11. In view of the above settlement the petitioners admit that the respondents Nos.1 and 2 are the owners of the schedule 'A' property and the petitioners shall have no objection to respondent Nos.1 and 2 to hold, possess or either developing the schedule 'A' property or alienating the schedule 'A' property in the manner they deem fit and proper. Likewise, the respondents Nos.1 and 2 admit that the petitioners are the absolute owners of the schedule 'B' property and the respondents Nos.1 and 2 shall have no objection to the petitioners to hold possess or either developing the schedule 'B' property or alienating the schedule 'B' property in the manner they deem fit and proper. Further in accordance with this compromise, pahani/ R.T.C. in respect of Sy.No.119/1 measuring 2 acre 28 guntas (including kharab) as per Schedule 'A' property and 119/2 measuring 01 acre 37 guntas as per Schedule 'B' property shall be entered into by the concerned Tahsildar/ fourth respondent herein. A sketch showing demarcation / bifurcation of the land Sy.No.119/1 and 119/2 duly signed by both the parties shall be the part of this compromise. - 9 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 Wherefore, the petitioners and the respondent Nos. 1 and 2 respectfully pray that, this Hon'ble Court be pleased to dispose of the above writ petition in terms of the above compromise and direct the respondent Nos.3 to 5 to implement the compromise of the parties in the revenue and survey records, in the interests of justice and equity. SCHEDULE 'A' PROPERTY All the piece and parcel of the land Sy.No.119/1 of Adde Vishvanathapura village, Hesaraghatta Hobli, Yelahanka taluk, Bengaluru Urban District, measuring 02 (two) acres 28 (twenty eight) guntas including two guntas of kharab, bounded on the: East by : Road and then Sy.No.120 West by : Sy. No.117, 118 border of Kadathanamale Gramatana North by : Kadathanamale Lake, South by : Sy. No.119/2 belongs to petitioners Nos.1 & 2. - 10 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 SCHEDULE 'B' PROPERTY All the piece and parcel of the land Sy.No.119/2 of Adde Vishvanathapura village, Hesaraghatta Hobli, Yelahanka taluk, Bengaluru Urban District, measuring 01 (one) acre 37 (thirty seven) guntas, bounded on the : East by : Road and then Sy.No.120 West by : Sy.No.116 and portion of Sy.No.117 North by : Land Sy.No.119/1 belongs to respondents 1 & 2, South by : Border -Adde Gramatana." 3. I have perused the compromise petition and the same is not opposed by any law. Both the parties are present before this Court. The contents of compromise petition is read over to them and the same is accepted by them. In view of the same, the compromise petition is accepted. The writ petition is disposed of in terms of compromise petition. 4. In view of the compromise arrived at by the parties, respondent Nos.4 and 5 are directed to conduct fresh phodi and durasthi as per the sketch produced in this compromise petition. Further, the revenue authorities are directed to enter - 11 - HC-KAR NC: 2025:KHC:52641 WP No. 43412 of 2019 the name of the petitioners and respondent Nos.1 and 2 in the RTC as per the compromise petition. As a token of acceptance of compromise, the parties are directed to put their signature in the order sheet. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 23