- 1 - HC-KAR NC: 2026:KHC:15152 MFA No. 394 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.394/2023 (CPC) BETWEEN: SRI K. V. BHAGAVATH PRASAD, DEAD BY HIS LRS, 1. SMT V. SHYLAJA (S. SHAILAJA), AGED ABOUT 48 YEARS, W/O. LATE SRI K. V. BHAGAVATH PRASAD. 2. MS. B. KRISHNAVENI, AGED ABOUT 19 YEARS, S/O. LATE SRI K. V. BHAGAVATH PRASAD, BOTH ARE RESIDING AT: NO.83, T.G TANK ROAD, CHICKBALLAPUR TOWN, CHICKBALLAPUR DISTRICT, PIN-562101. …APPELLANTS (BY SRI G. VIKRAM, ADVOCATE) AND: 1. SRI K. V. ANANDAKUMAR, AGED ABOUT 48 YEARS, R/A SIR M. V. LAYOUT, M. G. ROAD CROSS, CHICKBALLPUR TOWN, CHICKBALLPUR DISTRICT., PIN-562101. AND ALSO AT: 1ST CROSS, PATEL LAYOUT, C HIMASANDRA, VIRGONAGAR POST, BENGALURU-560049. …RESPONDENT (BY SRI MADHUKAR M. DESHPANDE, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC:15152 MFA No. 394 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(S) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 17.11.2022 PASSED BY THE COURT OF I-ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., AT: CHIKKABALLAPUR ON I.A.NO.IV IN FINAL DECREE PROCEEDINGS NO.21 OF 2016 BY ALLOWING THIS APPEAL ON GROUNDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT The learned counsel for the appellants and the learned counsel for the respondent and their respective parties have appeared through video conference. 2. The appellants have paid a sum of Rs.40,31,562/- (Rupees Forty Lakhs Thirty One Thousand Five Hundred and Sixty Two only) to the respondent by way of demand draft. The respondent has acknowledged the receipt of the said demand draft. 3. The learned counsel for the appellants submitted that the appellants have paid a total sum of Rs.1,50,31,562/- (Rupees One Crore Fifty Lakhs Thirty One Thousand Five Hundred and Sixty Two only) to the - 3 - HC-KAR NC: 2026:KHC:15152 MFA No. 394 of 2023 respondent in full and final settlement of all his claims with respect to Item No.68 of the suit schedule property and the same is accepted by the respondent. 4. In view of above, the learned counsel for the appellants prays that the order dated 07.11.2022 passed in FDP No.21/2016 on the file of I Additional Senior Civil Judge and JMFC, Chikkaballapur, be set aside. The learned counsel for the respondent has no objection to the same. Accordingly, the order dated 07.11.2022 passed in FDP No.21/2016 on the file of I Additional Senior Civil Judge and JMFC, Chikkaballapur, is hereby set aside. 5. The compromise petition and today’s order shall be intimated to the FDP Court and also to the Appellate Court. 6. Accordingly, the appeal is allowed. 7. The respondent is permitted to withdraw the above said deposited amount and the registry shall release - 4 - HC-KAR NC: 2026:KHC:15152 MFA No. 394 of 2023 the said amount to the respondent with proper identification. 8. Registry is directed to send the records to the High Court of Karnataka, Principal Bench, Bengaluru. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 19 Sl No.: 1