- 1 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 818 OF 2020 (SP) BETWEEN: SRI UMESH PATIL S/O AYYANNA GOWDA PATIL, AGED ABOUT 43 YEARS, R/AT NO 2153, D BLOCK, SAHAKARA NAGAR, BANGALORE 560092 …APPELLANT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) AND: 1. SMT RATHNAMMA W/O NANJUNDAPPA, AGED ABOUT 40 YEARS, R/AT MUGALAPALLI VILLAGE, THUMMANAHALLI POST, HOSUR TALUK, KRISHNAGIRI DISTRICT TAMIL NADU – 635126 REP. BY HER GPA HOLDER SRI. MURALI N AGED 33 YEARS S/O NARAYANAPPA R/AT No.109, GONIGHATTA PURA KOGUR POST, ANEKAL TALUK 2. SRI. SREENIVAS R S/O LATE RANGAPPA, AGED ABOUT 60 YEARS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 R/AT SARJAPURA VILLAGE, ANEKAL TALUK – 562 125 BANGALORE DIST. 3. SRI. R VENKATAPPA S/O LATE RAMAIAH, AGED ABOUT 45 YEARS, R/AT SARJAPURA VILLAGE, ANEKAL TALUK – 562 125, BANGALORE DIST. …RESPONDENTS (BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL FOR SRI. V.C. SUDEEP, ADVOCATE FOR R1 SRI. M. SHIVAPRAKASH, ADVOCATE FOR R2 R3 SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.02.2020 PASSED IN RA.NO.5009/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.11.2017 PASSED IN OS.NO.2033/2006 (OLD OS.NO.74/2006) ON THE FILE OF THE SENIOR CIVIL JUDGE, ANEKAL. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant and the General Power of Attorney holder of respondent No.1 are present before the Court. They are identified by their respective counsel and they have filed a compromise petition, which reads as under: - 3 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE: The Appellant and Contesting Respondents No.1 herewith respectfully submit as hereunder:- 1. The above appeal has been filed by the Appellant challenging the Judgement and Decree passed in O.S.No.2033 of 2006 dated 02-11-2017 and the Judgement in RA No.5009 of 2008 Dated 29-02-2020 2. That after filing of the appeal efforts were made for amicable settlement between the Appellant and Contesting Respondent No.1 and an amicable settlement has been arrived between Appellant and Contesting Respondent No.1 3. That the discussion and deliberations were free from any kind of influence, coercion, nor it was by fraud or intimidation, and the settlement of terms, conditions was reached by mutual consent arrived at by the Appellant and Respondent No.1 and each one of them have exercised free and independent judgement totally uninfluenced by any kind of coercion, fraud, intimidation or undue influence. The parties have arrived to the present settlement in their own volition and free will and consent on the following mutually agreed terms and conditions:- a) The Appellant has agreed to execute two separate registered GPA with sale clause in favour of Respondent No.1 Smt Rathanamma Wife of Sri Nanujndappa in respect of Site bearing No.10 and 11 carved out of converted Sy.No.34/1 of Sarjapur Village. Sarjapura Hobli, Anekal Taluk vide Conversion Order No.ALN (A)(J) 188/189/2007-08 Dated 03-04-2008 measuring 3430 square and 2960 square feet respectively in all totally measuring 6390 Square Feet at the cost of the Respondent No. I more full described in Schedule A and B Hereunder. - 4 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 b) The Appellant has also agreed to pay a sum of Rs.5,00,000/- (Rupees Live Lakh Only) to First Respondent in the form of Demand Draft at the time of registration of registered GPA's. c) The Respondent No.1 has agreed to pay the necessary stamp duty and other expenses if any and get the GPAs up loaded for registration in jurisdictional sub-registrar office and intimate the date and time slot to the Appellant. d) The Respondent No. 1 has given up all rights accruing from the registered sale agreement dated 02-06-2003 in respect of land bearing Sy No.34/1 of Sarajapur Village, Sarjapur Hobli, Anekal Taluk vide Conversion Order No.ALN (A)(J) 188/189/2007-08 Dated 03- 04-2008 and shall on the date of registration of GPA execute a confirmation deed in favor of the Appellant herein confirming his as the absolute owner of converted land bearing Sy.No.34/1 of Sarajapur Village, Sarjapur Hobli. Anekal Taluk measuring 1 Acre vide Conversion Order No.ALN (A)(J) 188/189/2007-08 Dated 03-04-2008 at the cost of the Appellant. 4. The Appellant reserves his liberty to recover the costs/damages/compensation from Respondent No.2 and 3 for which Respondent No.1 has no objection. 5. Wherefore it is prayed that this Hon'ble Court be pleased to accept the above lawful compromise entered into by the parties binding on them and their privies and modify the judgment and decree recording the above said terms settlement/compromise in the ends of justice. Schedule-A Property All that piece and parcel of immovable residential property bearing Site No. 10 formed out of converted property bearing Sy. No. 34/1 of Sarajapur Village. - 5 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 Sarjapur Hobli Anekal Taluk vide Conversion Order No.ALN(A)(J)188/189/2007-08 Dated 03-04-2008 measuring East to West 98 feet and North to South 35 feet in all measuring 3430 Square feet and bounded on the East by : Road West by : Sarjapura Colony North by : Site No.11 South by : Site No.9 Schedule-B Property All that piece and parcel of immovable residential property bearing Site No.11 formed out of converted property bearing Sy.No.34/1 of Sarajapur Village, Sarjapur Hobli. Anekal Taluk vide Conversion Order No.ALN (A)(J) 188/189/2007-08 Dated 03-04-2008 measuring East to West 74 feet and North to South 40 feet in all measuring 2960 Square feet and bounded on the East by: Road West by: CA Site North by: Site No. 10 South by : Site No.12 2. The contents of the compromise petition are read over and explained to the parties in the language known to them. They have accepted the terms and conditions of the compromise petition and accordingly, prays to dispose of the appeal, in terms of the compromise petition. 3. The compromise petition is taken on record. - 6 - HC-KAR NC: 2025:KHC:26549 RSA No. 818 of 2020 Accordingly, the Appeal is disposed of, in terms of the compromise petition. The Office is directed to draw a decree in terms of the compromise petition and to refund the Court fee in favour of the appellant as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. Learned counsel for the appellant submits that in view of the compromise petition filed by the parties he would not press I.A.No.2/2025. Accordingly, I.A.No.2/2025 is dismissed as not pressed. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 4