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2026 DAILYLAW 13962 (KAR)

SMT. ANASUYA v. B.SHIVAKUMAR

RFA/1333/2017 · 2026-03-02

M I Arun

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12523 RFA No. 1333 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 1333 OF 2017 (DEC/POS) BETWEEN: 1. SMT. ANASUYA W/O LATE B.BLAKRISHNA AGED 41 YEARS 2. B.BHAVANA D/O LATE B.BALAKRISHNA AGED 23 YEARS 3. B.BINDU D/O LATE B.BALAKRISHNA AGED 21 YEARS 4. B.SINDHU D/O LATE B.BALAKRISHNA AGED ABOUT 20 YEARS ALL ARE RESIDING AT A PORTION OF PROPERTY BEARING NO.28-A ONE OF THE TENEMENTS OUT OF 7 TENEMENTS, 20TH CROSS BHUVANESHWARI NAGARA MAGADI ROAD BENGALURU-560 023 …APPELLANTS (BY SRI. B.RAMESH, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12523 RFA No. 1333 of 2017 AND: 1. B.SHIVAKUMAR S/O LATE S.BORAIAH AGED ABOUT 50 YEARS R/AT NO.28-A, 20TH CROSS BHUVANESHWARI NAGARA MAGADI ROAD BENGALURU-560 023 …RESPONDENT (BY SRI. NARAYANA S., ADVOCATE FOR SRI. R.B.SADASIVAPPA, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2016 PASSED IN O.S.NO.10221/2015 ON THE FILE OF THE LXIV ADDL. CITY CIVIL & SESSIONS JUDGE, (CCH-65), BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND POSSESSION. THIS APPEAL COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:12523 RFA No. 1333 of 2017 ORAL JUDGMENT This appeal is filed against the judgment and decree dated 17.12.2016 passed in O.S.No.10221/2015 by the Court of LXIV Addl. City Civil and Sessions Judge, (CCH-65), Bengaluru City, which is a suit for declaration and possession of the suit schedule property therein. 2. The appellants and respondent are related to each other and in the course of proceedings, the matter was referred to mediation. Parties have entered into a settlement and a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure in (Mediation) Rules, 2015 dated 18.02.2026 has been entered into between the parties. 3. The parties are present before the Court and they are duly identified by their respective advocates. They together submit that the appeal may be disposed of in terms of compromise. The parties also submit that appellants have received a DD for a sum of Rs.3,00,000/- today and they have handed over vacant possession of Schedule 'B' property of the suit in favour of the respondent. - 4 - HC-KAR NC: 2026:KHC:12523 RFA No. 1333 of 2017 4. At the request of the parties, the memorandum of settlement is taken on record. The appeal stands disposed of in terms of the memorandum of settlement. 5. Registry is directed to draw a decree in terms of compromise. Registry is also directed to verify and refund the Court fee to the appellants, if they are found to be eligible. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2