- 1 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 698 OF 2020 (INJ) C/W REGULAR SECOND APPEAL NO. 691 OF 2020 (DEC) IN RSA No. 698/2020 BETWEEN: LATE A K SOMANNA (SINCE DECEASED) 1. SMT JANAKAMMA @ JANAKY W/O LATE A K SOMANNA AGED ABOUT 56 YEARS 2. SMT CHAYA D D/O LATE A K SOMANNA AGED ABOUT 38 YEARS 3. SMT VEDAVATHI D D/O LATE A K SOMANNA AGED ABOUT 32 YEARS …APPELLANTS (BY SRI. UDAY KUMAR H B.,ADVOCATE) AND: SRI H S PRAKASH S/O H N SHANKAR AGED ABOUT 63 YEARS, R/AT ABBIMATA BACHALLI VILLAGE SOMWARPET TALUK Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 KODAGU DISTRICT - 571 236. …RESPONDENT (BY SRI. B O CHANDRASHEKAR.,ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.11.2019 PASSED IN RA.NO.38/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.06.2018 PASSED IN O.S.NO.184/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SOMWARPETE. IN RSA NO. 691/2020 BETWEEN: LATE A K SOMANNA (SINCE DECEASED) 1. SMT JANAKAMMA W/O LATE A K SOMANNA AGED ABOUT 56 YEARS 2. SMT CHAYA D/O LATE A K SOMANNA AGED ABOUT 38 YEARS 3. SMT VEDAVATHI D D/O LATE A K SOMANNA AGED ABOUT 32 YEARS ALL ARE AGRICULTURIST ALL ARE R/AT: ABBIMATA BACHALLI VILLAGE SOMWARPET TALUK, KODAGU DISTRICT - 571 236. ...APPELLANTS (BY SRI. UDAY KUMAR H B.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 AND: SRI H S PRAKASH S/O H N SHANKAR AGED ABOUT 63 YEARS, R/AT ABBIMATA BACHALLI VILLAGE SOMWARPET TALUK KODAGU DISTRICT - 571 236. ...RESPONDENT (BY SRI. B O CHANDRASHEKAR.,ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.11.2019 PASSED IN RA.NO.37/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE SOMVARPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.06.2018 PASSED IN OS.NO.168/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., SOMAVARPETE. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Compromise petition is filed under Order XXIII Rule 3 of CPC read with Section 89 of CPC and Rule 24 of the Karnataka Civil Procedure Code (Mediation) Rules, 2005 before the Mediation and the same is received by this Court, which is duly signed by the appellants and the respondent. The terms of the settlement is extracted as below: - 4 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 " 1.The appellants and respondent have settled all their disputes amicably in this Appeal bearing RSA 698/2020 as well another Appeal bearing RSA 691/2020 pending before the Hon'ble High Court of Karnataka, Bengaluru, due to the intervention of well-wishers, friends and family members. That appellants and respondent hereby withdraw all the allegations made against each other in both the appeals to maintain cordial relationship. 2. The appellants admit and concede that, respondent is the absolute owner of the suit schedule property, the immovable property measuring 3 acres bearing survey number 1/122 situated at Yaduru Village, Somwarpet Taluk, Kodgu District. 3.. The appellants and respondent admit and confirm that, during the pendency of proceedings in OS 168/2000 and OS 184/2000 before the Civil Judge Somwarpet, the appellants herein and the respondent submitted a joint memo dated 10.10.2013, wherein it was mutually agreed to measure the suit property and accordingly a court commissioner was appointed to conduct survey through qualified surveyor. Well, as per court survey report, it was reported that, the appellants had encroached an area totally measuring 1.16 acres out of 3.00 acres in survey number 1/122 situated at Yaduru Village, Somwarpet Taluk, Kodagu District, - 5 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 pertaining to the suit schedule property of the respondent herein/plaintiff. Both appellants and respondent accept the said commission report and binding on them. 4. That the appellants with an intention to maintain cordial relationship with the respondent have decided not to pursue the above appeals as well as another appeal bearing RSA 691/2000 before the Hon'ble High Court of Karnataka and further agree to the surrender the possession of encroached land measuring 1.16 acres out of 3.00 acres in survey number 1/122 situated at Yaduru Village, Somwarpet Taluk, Kodagu District, of the respondent herein/plaintiff. 5. The respondent having coming to know the good intentions of the appellants, and in view of the long pending dispute between them since the year 2000, have also reciprocated by restricting his claim only to possession of the encroached property thereby agreeing to forego the claim for mense profits, damages and costs against the appellants 6. The appellants agree to surrender the possession of encroached land measuring 1.16 acres out of 3.00 acres in survey number 1/122 situated at Yaduru Village, Somwarpet Taluk, Kodagu District, to the respondent within 15 days from this day and the - 6 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 respondent is entitled to take possession and fence the said land. 7. The above settlement is arrived voluntarily with free will and volition without any force or coercion before the Mediation Centre, Madikeri as per the reference of Hon'ble High Court of Karnataka. Wherefore the appellants and respondent most respectfully pray that this Hon'ble court may be pleased to accept the above compromise/settlement and record the same arrived at between the parties and dispose of the above appeal in terms of the settlement in the interest of justice and equity. The Hon'ble Court may be pleased to pass such other order as deems fit in the interest of justice and equity." 2. The said compromise petition is taken on record. 3. Appellants are present before this Court. Respondent is an advocate, who is also present before this Court and duly identified by their respective learned counsel. When a query was made by this Court, the parties submit that they have entered into compromise - 7 - HC-KAR NC: 2026:KHC:19635 RSA No. 698 of 2020 C/W RSA No. 691 of 2020 before the Mediation without coercion or any undue influence. 4. The Regular Second Appeals are disposed of in terms of the compromise. Registry to draw the decree accordingly. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 10