- 1 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 541 OF 2023 (SP) BETWEEN: SRI. GURURAJ. M S/O. LATE MAYAGAPPA, AGED ABOUT 59 YEARS, R/AT NO. 378, 8TH CROSS, INDUSTRIAL AREA, RAJAJINAGAR, BENGALURU-560 044. …APPELLANT (BY SRI. MANJUNATH V.,ADVOCATE) AND: 1. 1(A) SRI. KARIYAPPA S/O. LATE JAVANAPPA, SINCE DECEASED BY LEGAL HEIRS, SMT. DEVAMMA, W/O. LATE KARIYAPPA, AGED ABOUT 77 YEARS, RESIDING AT NO. 2617. 1(B). SMT. LAKSHMAMMA D/O. LATE KARIYAPPA, AGED ABOUT 59 YEARS. 1(C). SRI. SRINIVASA S/O. LATE KARIYAPPA, AGED ABOUT 57 YEARS. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 1(D). SRI. SURESH S/O. LATE KARIYAPPA, AGED ABOUT 55 YEARS. 1(E). SRI. RAMESHA S/O. LATE KARIYAPPA, AGED ABOUT 53 YEARS. 1(F). SRI. NAGESHA S/O. LATE KARIYAPPA, AGED ABOUT 51 YEARS. THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.1(A) TO 1(F) ARE RESIDING AT NO.2617, 4TH CROSS, NEW STREET, K.G.KOPPAL, MYSURU. …RESPONDENTS (BY SRI. Y.K.PRAKASH., ADVOCATE FOR; SRI.Y.K.NARAYANA SHARMA.,ADVOCATE VIDE COURT ORDER DATED 09.01.2026, APPEAL AGAINST R2 IS DISMISSED.) THIS APPEAL IS FILED UNDER SECTION 100 OF THE CPC PRAYING TO CALL FOR THE RELEVANT RECORDS IN R.A.NO.66/2021 DISPOSED ON THE FILE OF THE HON'BLE VII ADDITIONAL DISTRICT JUDGE AT MYSURU AND ALSO CALL FOR RECORDS IN O.S.NO.634/2014 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M AT MYSURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The appellant is present before the Court and respondent Nos.1(a) and 1(b) appeared through the power of attorney holder i.e., 1(c) are present before the Court, and they are identified by their respective counsel. 2. On 22.04.2024, this Court referred the matter to the Mediation Centre, Mysuru and parties were directed to appear before the Mediation Centre. Pursuant to the said order, the parties have appeared before the Mediation Centre, Mysuru. The Deputy Director, the Karnataka Mediation Center vide Communication dated 30.01.2026 stated that the matter is settled between the parties and has enclosed the memorandum of settlement filed under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which reads as under: - 4 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 "Both the Appellant and the Legal Heirs No.1(c) to 1(f) of the deceased 1st Respondent, in the above appeal submits as Follows:- 1. The present R.S.A has been preferred by the Appellant against the Judgment and Decree dated 22/11/2022, passed in R.A.No.66/2021, by the 1st Appellate Court i.e., VII Addl. District Judge at Mysuru and Judgment and Decree dated04-02-2021 passed in O.S.No.634/2014 by the Court of Senior Civil Judge, Mysuru. 2. The 1st Appellate Court was pleased to dismiss the aforesaid R.A.No.66/2021, filed by the appellant by confirming the Judgment and Decree passed by the Trail Court i.e., the Learned Prl. Senior Civil Judge at Mysuru, in O.S.No.634/2014 dated 04/02/2021, by decreeing the suit of the plaintiff in part by directing the defendants to execute the Regd. Sale deed in favour of the plaintiffs with respect to the Site No.5, more fully described in the partition deed dated 09/04/2013 and the plan approved by MUDA, within one month from the date of the said order. It has been further ordered that in default by the Defendants, the plaintiffs are at liberty to get the sale deed executed in their favour through the process of the Court. However, the 1st Appellate Court has limited the total extent of the property to be conveyed to 4800Sq.Feet. The schedule described - 5 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 in the aforesaid Deed of Partition dated 09-04-2014 is as described below:- "The Site bearing No.5, carved out in Alienated lands bearing Survey Nos.3/1B1, measuring 9 Guntas of land, Survey No.1/1B2, measuring 9 Guntas, Survey No.3/1B4, measuring 10 Guntas of land and Survey No.3/5 1 Acres 21 Guntas and Survey No.3/6 measuring measuring 20 Guntas, in all 2 Acres 39 Guntas of land as per the plan approved by Mysore Urban Development, resolution No.18(22) dated 26/05/2007 and Plan No.MUDAVa.Vi.Na.a 26/12-13 dated on 23/06/2012 and measuring east to West 29.03+33.51/2 Meters, and North to South 20.28+23.40/2 Meters, totally measuring 682.94 Sq. Meters and situated at Lingambudi Village, Kasaba Hobli, Mysuru Taluk, and bounded on: East by : Road West By : Road North By : Road South by : Survey No.3/2. 3. Now during the pendency of the above R.S.A the matter has been referred to the mediation for resolving the dispute between parties of the Appeal. Based on the memo filed by the appellant in the said - 6 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 appeal, the appeal has been dismissed against the respondent No.2. 4. During the Course of Mediation the Appellant, the Respondent No.1(c) to 1(f) and the Respondents No.1 (a) and Respondent No.1 (b) represented through their GPA Holder Respondent No.R.1(c) and the GPA dated 10/11/2025 has already been produced before the Honourable High Court of Karnataka and the Appellant also has no objection for representing the R.1 (a) and R.1(b) through the GPA Holder Respondent No.1(c) and record the compromise on their behalf also and all of them represented their respective counsels are present and all of them identified with each other and have resolved the dispute amicably among them after mutual discussion and both the appellant and the Respondents have agreed to the following terms and conditions :- a. The Appellant shall execute the Regd.Sale deeds in favour of the Respondents No.1(c) to 1(f), in respect of the sites bearing No.7 and 8, as described in Ex-P.5 and Ex-P.6, as mentioned in the schedule below at free of cost as agreed upon in Ex. P.13 Agreement. b. Further the Appellant shall also agree to execute the Regd.Sale Deed of the Site No.7, in favour of the Respondent No.1(c) and 1(f) namely, Sri. Srinivasa and Sri.Nagesha, jointly and also the Appellant shall also execute the Regd.Sale deed of the Site No.8, in favour of the Respondents No.1(d) and 1(e) namely, Sri.Suresha and Sri.Ramesha, jointly as requested by - 7 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 them at free of cost and the Appellant shall agree to bear the Entire cost of Registration charges and also Stamp Duty and other charges for the execution and Registration of Sale Deeds in respect of Sites bearing No.7 and 8 in favour of the R.1(c) to R.1(f) respectively as agreed above and the Respondents No. R.1(c)to R.1(f). c. The Appellant shall agree to execute the Regd.Sale deeds in favour of the Respondents No.R1(c) to R.1(f), as agreed above and shall put the Respondents in vacant possession of the respective schedule sites within one month from the date of this Agreement. d. The Appellant shall agree to produce the necessary Original Documents pertaining to the schedule sites and deliver the same to the Respondents, which are required for the Registration of Sale Deeds, including the Title Deeds, Possessory Documents, Katha Extract and up to date Tax paid receipts, with up-to-date E.C and also E-Khata Etc., which are required for Execution and Registration of the Sale Deeds as agreed above. e. In addition to the same, the Appellant has paid the following compensation Amount to the Respondents No.1 (c) to R.1(f), by appreciating them for compromising the matter amicably as detailed below :-. i. A sum of Rs.6,00,000/- (Rs.Six Lakhs) through the Banker's Cheque bearing No.007377, dated 22/01/2026, drawn on the Hotel Industrialists' Co- Operative Bank Ltd. Rajajinagar Branch, Bangalore- 560044, in favour of Respondents No.1(c) namely, Sri. Srinivas.K. ii. A sum of Rs.2,50,000/- (Rs. Two Lakhs Fifty Thousand) through the Banker's Cheque bearing No.007378, dated 22/01/2026, drawn on the Hotel Industrialists'Co-Operative Bank Ltd. Rajajinagar Branch, Bangalore-560044, in favour of Respondents No.1(d) namely, Sri. Suresha. - 8 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 iii. A sum of Rs.2,50,000/- (Rs.Two Lakhs Fifty Thousand) through the Banker's Cheque bearing No.007379, dated 22/01/2026, drawn on the Hotel Industrialists' Co-Operative Bank Ltd. Rajajinagar Branch, Bangalore-560044, in favour of Respondents No.1(e) namely, Sri. Ramesh. K. iv. A sum of Rs.2,50,000/- (Rs. Two Lakhs Fifty Thousand) through the Banker's Cheque bearing No.007376, dated 22/01/2026, drawn on the Hotel Industrialists' Co-Operative Bank Ltd. Rajajinagar Branch, Bangalore-560044, in favour of Respondents No.1(f) namely, Sri. Nagesh.K. v. The Appellant also shall agree to bear the entire Stamp Duty and Registration Charges and other miscellaneous Charges totally amounting to Rs.9,50,000/- (Rs. Nine Lakhs Fifty Thousand only) for the Execution and Registration of Sale Deeds pertaining to the Schedule Sites bearing No.7 and 8. vi. The Appellant shall agree and undertake to execute the Regd. Sale Deeds and also Registration of the same before concerned Sub-Registrar of Mysuru, as stated above in favour of the Respondent No.1(c) to 1(f). vii. The Appellant shall agree and undertake to execute the Regd. Sale Deeds and also Registration of the same before concerned Sub-Registrar of Mysuru, as stated above in favour of the Respondent No.1(c) to 1(f), within one from the date of this Agreement in view of giving up additional site as agreed upon, by giving up the Main Road Site facing Ring Road to the Appellant by the Respondents. viii. The Appellant confirms and states that the schedule Item No.1 and 2, sites mentioned hereunder have not been alienated in any manner and no Agreement to Sell or any other transactions has been made in respect of the same and the same are free from all encumbrances, charges and liabilities and that the Appellant has right to Sell the same in favour of the Respondents No.1(c) to (f). - 9 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 ix. In case, if the Appellant fails to execute the Regd. Sale Deeds in terms of the agreement described above, within one month from the date of execution of this Compromise Agreement, the Respondent No.1(c) to 1(f) shall be entitled to proceed against the Appellant for executing the Regd. Sale Deeds in their favour in respect of the Schedule mentioned properties(sites) by treating this Compromise Agreement as Compromise Decree for due execution of the same before the Trial Court in all respects and get the sale Deeds Registered in their favour. x. In view of the same the Appellant has agreed to get the Sale Deeds executed in favour of the Respondents No.1(c) to 1(f), in respect of the sites agreed to be given as above as per the schedule mentioned below. 5. The Respondents No.1(c) to 1(f) shall be entitled for partition of the Iterm No.1 and 2 of the schedule mentioned properties equally between them, as per their convenience after the execution of the Reg. Sale deeds by the appellant in their favour and after recording Khata of the schedule properties jointly in their names, by dividing among themselves through the Regd. Partition Deed accordingly and further entitled for recording the Khata in their names separately, in terms of the Regd.Partition Deed before the concerned authorities and the appellant has no objection for the same. 6. Both the parties shall agree and admit that in view of the aforesaid mutual agreement, they have no claims what so ever against each other, at present and past and in future also. - 10 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 7. Both the parties to this appeal accordingly request for disposal of this matter as compromised above. 8. Both the parties agree and admit that there is no any kind of collusion, force, fraud or any undue influence by any of the parties in order to enter into this compromise as settled above in the matter. SCHEDULE PROPERTIES (Jointly Given to Respondent No. 1(c) and 1(f) namely. Sri Srinivas.K and Sri.Nagesha.K) Item No.1 All that is part and parcel of Site Bearing No.7, E- Khata No-4364867030, measuring East to West 20.25 Meters and North to South (12+12.15)/2 Meters and totally measuring 244.5 Sq.Meters and carved out of the Residential Layout in Survey No.3/1B1, 3/1B2, 3/1B3, 3/1B4, 3/5, and 3/6, in Total extent of 2 Acres 39 Guntas land and situated at Lingambudi Village, KasabaHobli, Mysuru Taluk and Mysuru District and now coming within the limits of Town Panchayath Srirampura, Mysuru and bounded by:- East by : 9 Meters Road, West by : Site No.12, North by : Site No.6 South by : Site No.8. - 11 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 The Entire residential site within the aforesaid boundary is the subject matter of this schedule. (Jointly Given to Respondent No. 1(d) and 1(e) namely. Sri Ramesh.K and Sri.Suresh Item No.2 All that is part and parcel of Site Bearing No.8, E-Khata No-2303190335, measuring East to West 20.25 Meters and North to South 12 Meters and totally measuring 243 Sq.Meters and carved out of the Residential Layout in Survey No.3/1B1, 3/1B2, 3/1B3, 3/1B4, 3/5, and 3/6, in Total extent of 2 Acres 39 Guntas land and situated at Lingambudi Village, Kasaba Hobli, Mysuru Taluk and Mysuru District and now coming within the limits of Town Panchayath Srirampura, Mysuru and bounded by:- East by : 9 Meters Road, West by : Site No.12 and 13, North by : Site No.7 South by : Site No.9. The Entire residential site within the aforesaid boundary is the subject matter of this schedule. 9. In view of the aforesaid agreement both the parties pray that this Honourable Court be pleased to pass appropriate orders accordingly in terms of the aforesaid terms and conditions. - 12 - HC-KAR NC: 2026:KHC:9573 RSA No. 541 of 2023 10. In view of the aforesaid Compromise and dispose of the above Appeal by mutual agreement the court Fee paid shall be refunded to the Appellant and both the Parties will appear before the Honourable Court for necessary orders for accepting the compromise in terms of the above agreement in the interest of justice and equity." 3. The memorandum of settlement is taken on record and there is no legal impediment in accepting the memorandum of settlement. Accordingly, the appeal is disposed of in terms of memorandum of settlement. 4. The Registry is directed to refund the Court fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958 in favour of the appellant. 5. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PHM