- 1 - HC-KAR NC: 2026:KHC:10344 RFA No. 1438 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.1438 OF 2023 (PAR) BETWEEN: 1. SMT.SUVARNA AGED ABOUT 46 YEARS W/O LATE SRI. RAMANJINI 2. MANJESH AGED ABOUT 28 YEARS S/O LATE SRI.RAMANJINI 3. JAMUNA AGED ABOUT 30 YEARS D/O LATE SRI. RAMANJINI ALL RESIDING NEAR SUPOORVA HOSPITAL MUNESHWARA NILAYA 6TH CROSS, NAIDU LAYOUT VASANTHAPURA ROAD KONANAKUNTE CROSS BENGALURU-560062 …APPELLANTS (BY SRI.K.C.SUDARSHAN, ADVOCATE) AND: 1. SMT.GANGAMMA W/O SRI.GANGADHAR AGED ABOUT 53 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10344 RFA No. 1438 of 2023 R/AT NO.10, 1ST FLOOR 12TH CROSS, PUTTENAHALLI 7TH PHASE, J.P.NAGAR BENGALURU -560 078. 2. SMT. ASHA W/O SRI.VIJAYAKUMAR R AGED ABOUT 48 YEARS R/AT NO. 58, 7TH CROSS VINAYAKA NAGAR, M.V.EXTENSION HOSAKOTE TOWN BANGALORE RURAL-562 114 3. SMT.GANGAMMA W/O SRI.MAHALINGAPPA AGED ABOUT 65 YEARS R/AT KULME BHEEMASANDRA GIRENAHALLI, KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112 …RESPONDENTS (BY SRI.CHANDRASHEKAR, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 12.04.2023 PASSED IN O.S.NO.7036/2018 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU., DECREEING THE SUIT FOR PARTITION AND ETC. THIS APPEAL, COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:10344 RFA No. 1438 of 2023 ORAL JUDGMENT The present appeal is preferred by the appellants– defendants calling in question the legality and correctness of the judgment and preliminary decree dated 12.04.2023 passed in O.S.No.7036/2018 on the file of the learned V Additional City Civil and Sessions Judge, Bengaluru (CCH-13). 2. When the matter was taken up for further hearing today, the parties have placed on record a joint compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. The said petition discloses that the parties have amicably resolved all their inter se disputes relating to the subject matter of the suit. 3. The plaintiffs as well as the defendants are personally present before this Court. This Court has interacted with the plaintiffs in open Court to ascertain the voluntariness of the settlement. On such interaction, the plaintiffs have unequivocally stated that they have agreed - 4 - HC-KAR NC: 2026:KHC:10344 RFA No. 1438 of 2023 to receive 65% of the total sale proceeds in full and final settlement of their claims and that such settlement has been entered into out of their own free will, without any coercion, undue influence or misrepresentation. They have further affirmed that they have no objection for the appeal being disposed of in terms of the compromise petition. 4. In view of the categorical statements made by the parties and upon perusal of the terms of compromise, this Court is satisfied that the settlement is lawful and voluntary and does not suffer from any legal infirmity. Since the parties have chosen to give a quietus to the litigation, the preliminary decree passed in O.S.No.7036/2018 warrants modification in terms of the joint compromise petition. 5. Accordingly, the joint compromise petition is taken on record. 6. For the reasons stated above, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2026:KHC:10344 RFA No. 1438 of 2023 ORDER (i) The joint compromise petition filed under Order XXIII Rule 3 of the Code of Civil Procedure is hereby accepted and recorded. The judgment and decree under challenge shall stand modified in terms of the compromise petition, which shall form part and parcel of the modified decree. (ii) The Registry is directed to draw up a fresh decree in conformity with the terms of the joint compromise petition. (iii) The appeal stands disposed of in terms of the joint compromise petition. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12