- 1 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2011 OF 2023 (PAR) BETWEEN: SRI NARASIMHAMURTHY @ NARASIMHAIHA S/O LATE R RAMA NARASIMHAIAH AGED ABOUT 62 YEARS, R/AT NO. 62 YEARS, R/AT NO. 8/24, 2ND CROSS, KEMPAPURA AGRAHARA, BENGALURU - 560023. …APPELLANT (BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE) AND: 1. SMT. R. CHANDRAMMA W/O VENKATESH AGED ABOUT 56 YEARS, NO. 51, 10TH CROSS, (LEFT SIDE) CHOWLUERU PALYA, MAGADI MAIN ROAD, BENGALURU - 560 023. 2. SRI. R. RAMESH S/O LATE R. RAMA NARASIMAIAH, AGED ABOUT 58 YEARS, Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 3. SRI. NAVEEN S/O LATE INDIRAMMA AGED ABOUT 33 YEARS, BOTH ARE R/A.30/1, C/O RAMESH, KOTE 'A' BEEDI, OPP. VANIVILAS HOSPITAL, NEXT TO MYTHRI MEDICALAS, K. R. MARKET, BENGALURU - 560 023. …RESPONDENTS (BY SRI. KEERTHI HEGDE, ADV. FOR R1; SRI. SHERVIL ADAPPA, ADV. FOR R2; SRI. SAITH C.V., ADV. FOR R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2023 PASSED IN OS NO. 162/2017 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 17.08.2023 passed by the LX Additional City Civil and Sessions Judge, Bengaluru (CCH 61) in O.S.No.162/2017. 2. During the pendency of this appeal, the parties have resolved the dispute amicably and filed a Compromise Petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. 3. Learned counsel for the parties submits that the appellant as well as the respondents are present. The parties are identified by their respective counsel. 4. We have perused the terms of the Compromise Petition. We are satisfied that the terms of the Compromise Petition are as per law and are not opposed to public policy. - 4 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 5. The terms of the Compromise Petition reads as under: "COMPROMISE PETITION UNDER ORDER 23 RULE 3 R/W SECTION 151 CIVIL PROCEDURE CODE The L.R's of Appellant and Respondents, arrayed as parties in the above Regular First Appeal, submit this Joint Compromise Petition praying that this Hon'ble Court may be pleased to record the compromise arrived at between them and dispose of the appeal in terms of the compromise set out hereunder: 1. The Respondent No.1 herein had filed an Original Suit bearing O.S.No.162 of 2017 before the Hon'ble Trial Court at LX Addl. City Civil & Sessions Judge, at Bengaluru (CCH 61), seeking the relief of partition and separate possession of half share in the suit schedule property by metes and bounds. The Respondent No.1 had also sought a permanent injunction restraining the Defendants in the said suit and any persons claiming through them, from alienating or creating any charge over the suit schedule property and from putting up any construction in the suit schedule property. The parties to the said suit, being the - 5 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 Appellant and the Respondents herein, are Hindus governed by the Hindu Mitakshara School of law. 2. One Sri N. Rama Narasimhaiah is the Propositor of the family. During his lifetime, he was employed as a Police Inspector and had purchased the house property bearing Old No.8, presently No.24, 2nd Cross, which is more fully described in the Schedule 'A' hereunder, on 23.04.1962 for a valuable sale consideration by obtaining a loan from the Central Co-operative Bank, Bengaluru. The said Sri N. Rama Narasimhaiah had four children, namely, Sri Narasimha Murthy Narasimhaiah (the Appellant in this case), Smt. R. Chandramma (Respondent No.1). Sri. R. Ramesh (Respondent No. 2) and one Smt. Late Indiramma (mother of Respondent No.3- Sri. Naveen). These individuals constituted a Hindu Undivided Joint Family and started to reside in the joint family property. The suit schedule property is the self-acquired property of the father of the Appellant, Respondent Nos.1 and 2 and the grandfather of Respondent No.3. 3. The Hon'ble Court in O.S. No.162 of 2017 was pleased to pass a judgment and decree dated 17.08.2023, whereby the suit of the Plaintiff (Respondent No.1 herein) - 6 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 was decreed in part. As per the said judgment and decree, all parties to the suit, namely the Plaintiff (Respondent No.1) and Defendant No.1, 2 & 3 (Appellant & other Respondents herein), were declared entitled to a 1/4th share each in the suit schedule property. 4. The Appellant herein, being aggrieved by the aforesaid judgment and decree passed in O.S. No.162 of 2017, questioned the correctness of the same on various grounds as detailed in the Memorandum of Appeal and consequently filed the present RFA No.2011 of 2023 before this Hon'ble High Court of Karnataka. 5. It is respectfully submitted that during the pendency of the Regular First Appeal, the Appellant herein passed away on 06.08.2025. He was survived by his legal representatives, namely his wife, Smt. V. Jaya Lakshmi and his children, Sri N. Lokesh and Smt. Nandini N., who have since brought on record. Consequently, the present compromise is being voluntarily and jointly entered into by the aforesaid legal representatives of the deceased Appellant along with the respondents, in full and final settlement of the subject matter of the dispute. - 7 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 6. At this stage, due to the benevolent intervention of well-wishers and elders common to all the parties, all the parties to this appeal have decided to amicably put an end to this longstanding litigation, settle their inter se disputes and have accordingly entered into a compromise as per the terms and conditions hereinafter appearing. The parties affirm that this compromise is lawful, voluntary and made without any coercion, undue influence or misrepresentation. 7. The parties hereto have mutually and unequivocally agreed to resolve all their disputes and claims pertaining to the suit schedule property and the subject matter of O.S. No.162 of 2017 and R.F.A. No.2011 of 2023 on the following terms and conditions: a. The L.R's of the Appellant and all the Respondents herein have jointly and irrevocably agreed to accept and abide by the judgment and decree passed by the Hon'ble City Civil & Sessions Judge, at Bengaluru (CCH-61) in O.S. No.162 of 2017, dated 17.08.2023, as a full and final settlement of their respective claims and shares in the suit schedule property. - 8 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 b. It is mutually agreed and declared by all the parties that each of them, namely, Smt. V. Jaya Lakshmi, Sri N. Lokesh and Smt. Nandini N. (L.R's of Appellant), Smt. R. Chandramma (Respondent No. 1). Sri. R. Ramesh (Respondent No. 2) and Sri. Naveen (Respondent No. 3), shall be absolutely entitled to get theirshares below mentioned manner in respect of the suit schedule property. i) The Lrs of the Appellant are entitled to get 40% of the suit schedule property or 40% of the total sale consideration amount. ii) The 1st respondent namely smt.R.chandramma is entitled to get the 10% of the suit schedule property or 10% of the total sale consideration amount. iii) The 2nd respondent namely Ramesh is entitled to get 40% of the suit schedule property or 40% of the total sale consideration amount. iv) The 3rd respondent namely Naveen is entitled to get the 10% of the suit schedule property or 10% of the total sale consideration amount. - 9 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 c. All the parties acknowledge and confirm that upon the recording of this Compromise Petition and the passing of a decree in terms thereof by this Hon'ble Court, all the litigation concerning the suit schedule property, including O.S. No.162 of 2017 and R.F.A. No.2011 of 2023, shall stand fully and finally terminated. d. Hereafter, there will be no further claims, demands, disputes or conflicts of interest whatsoever amongst the parties concerning the suit schedule property or any matter related thereto and all parties shall permanently abide by the terms of this Compromise Petition and the decree to be passed thereon. 8. All the parties further represent and confirm that, this compromise is entered between them out of their own free will without any kind of coercion or undue influence from anyone. WHEREFORE, the Parties hereby pray that this Hon'ble Court be pleased to pass a Judgment and Decree in terms of the Plaint Prayer by recording the terms of this Compromise Petition in the interest of justice and equity. - 10 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 SCHEDULE PROPERTY All that piece and parcel of the House property bearing Old No.8, Present No.24, 2nd Cross, Ward No. 120 (19), situated at Kempapura Agrahara, Magadi Road, Bengaluru - 560 079, consisting of Ground, First and Second floors, totally about Twenty-One (21)Houses, Bounded on: East by : Binny Mill Canteen, West by : Road North by : Subramani property and South by : Parvathamma's property Measuring East to West: 60 feet and North to South: 30 feet." 6. The appellant and the respondents submits that they have understood the terms of the compromise and have duly signed in the Compromise Petition on their own volition. 7. The appeal is disposed of in terms of the Compromise Petition. The Registry shall draw up decree in - 11 - HC-KAR NC: 2026:KHC:10555-DB RFA No. 2011 of 2023 terms of the compromise. Based on this decree, the party shall initiate the final decree proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 4 Sl No.: 6