- 1 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR SECOND APPEAL NO.975 OF 2009 (DEC/INJ) BETWEEN: K CHIDAMBARAM SINCE DIED BY LRS 1. SMT LEELAVATHI, W/O LATE CHIDAMBARAM, AGED ABOUT 60 YEARS. 2. K. SHANKAR S/O LATE K. DHARMAPPA SINCE DEAD APPEAL IS ABATED. 3. K. KRISHNOJI KALAL S/O LATE K. DHARMAPPA SINCE DEAD BY HIS LRS 3(A) SMT. MANJULA KALAL W/O LATE KRISHNOJI KALAL AGE: MAJOR 3(B) MEGARAJ KALAL S/O K. KRISHNOJI KALAL AGE: MAJOR 3(C) SMT. YASHASVINI D/O KRISHNOJI KALAL AGE: MAJOR ALL ARE R/O HARAPANAHALLI VIJAYANAGARA DISTRICT. …APPELLANTS (BY M/S. M RAM BHAT AND SREEPADA ASSOCIATES, ADVOCATES SRI. B.R. PRASANNA, ADVOCATE FOR PROPOSED LR’S OF A-3 VIDE ORDER DATED: 04.11.2025 APPEAL STANDS ABATED AGAINST A-2) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 AND: 1. T.H.M. VIRUPAKSHAIAH SINCE DEAD R-2 TO R-5 ARE HIS LR’S 2. SMT PARVATHAMMA W/O T H M VIRUPAKSHIAH MAJOR, OCC: HOUSEHOLD 3. SRI. T.H.M. MAHESH S/O T H M VIRUPAKSHAIAH AGE: MAJOR OCC: ADVOCATE 4. SRI. T.H.M. SHIVAKUMAR S/O T.H.M. VIRUPAKSHAIAH AGE: MAJOR 5. SRI. T.H.M. MANJUNATH S/O T.H.M VIRUPAKSHAIAH AGE: MAJOR OCC: ADVOCATE ALL ARE R/O SUNAGARKERI HARAPANAHALLI TOWN VIJAYANAGAR DISTRICT. …RESPONDENTS (BY SRI. S.S. GUTTAL, ADVOCATE FOR R-1 TO R-5) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 06.04.2009 PASSED IN R.A.NO.01/2009 (OLD NO.28/2000) ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, HARAPANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 17.12.1999 PASSED IN OS.NO.255/1996 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC, HARAPANAHALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT In this appeal, appellants has sought for the following relief:- “The appellants pray that this Hon'ble High Court may be pleased to call for the records and to allow this appeal and to set aside the judgment and decree dated 06.04.2009 made in R.A.No.1/2009 (Old No.28/2000), on the file of the Civil Judge (Sr.Dn.) Harapanahalli, confirming the judgment and decree dated 17.12.1999 made in O.S.No.255/1996, on the file of the Civil Judge (Jr. Dn.), & JMFC, Harapanahalli, so far as it dismissed the suit and to decree the suit as prayed for in the interest of justice and equity.” 2. Learned counsel for appellant No.3 has filed a memo enclosing copies of the Special Power of Attorney executed by appellant No.1(a) and appellant No.3(c) in favour of appellant No.3(a) and the same are taken on record. 3. Learned counsel for appellant No.3 and learned counsel for respondent Nos.2 to 5 have filed Compromise Petition duly signed by appellant Nos.3(a) and 3(b) and respondent Nos.2 to 5 and their respective counsel and the same is taken on record. - 4 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 4. Appellant Nos.3(a) and 3(b) and their counsel and respondent Nos.2 to 5 and their counsel are physically present before the Court and they admit the contents of the compromise petition, which reads as under:- “COMPROMISE PETITION UNDER ORDER XXIII RULE 1 OF CODE OF CIVIL PROCEDURE, 1908 The legal heirs of Appellant No.3 and the Respondents 2 to 5 above named most respectfully submits as under: 1. Sri.K.Chidambaram, Sri.K.Shankar, Sri.K.Krishoji Kalal are sons of late Dharmappa, all these three persons filed a suit in O.S.No.255/1996 on the file of learned Civil Judge (Jr.Dn.) and JMFC, Harapanahalli, praying for declaration and injunction for the property bearing Door No. 1859/C/2 and 1859/C/3 and New Door No.457 and 458, measuring 96 x 133 Feet of Harapanahalli Town. The case of the Respondent herein is that, they have jointly purchased property bearing No.457, measuring 24 x 200 Feet, and 458, measuring 60 x 200 Feet through a registered sale deeds dt.27.02.1984. 2. The Trial Court after hearing on both sides was pleased to pass the Judgment and Decree on 17.12.1999 decreed the suit in part, declaring the plaintiffs i.e., appellants herein as owners and in lawful possession of the property with a zinc sheet house, measuring 37 x 50 feet. 3. The appellants herein aggrieved by the judgment and decree passed by the Trial Court have filed an Regular - 5 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 Appeal in R.A.No.1/2009 (Old No.28/2000) on the file of the Civil Judge (Sr.Dn.) at Harapanahalli. The Learned Senior Civil Judge dismissed the appeal on 6.4.2009, aggrieved by this concurrent filing, the above Regular Second Appeal is filed before this Hon'ble Court. 4. It is submitted that, in the year 1998 itself, Sri. K. Chidambaram, Sri.K.Shankar and Sri.K.Krishnoji Kalal have entered into partition and as per this partition, the property in dispute between the appellants and respondents is fallen to the share of Sri.K.Krishnoji Kalal. Sri.K.Krishnoji Kalal died during the pendency of the above Regular Second Appeal, his LRs i.e., Smt.Manjula, W/o K.Krishnoji Kalal, Sri Megaraj, S/o K.Krishnoji Kalal, Smt Yashashwini, D/o K.Krishnoji Kalal are brought on record. 5. It is submitted that, the Respondent No.1 Sri.T.H.M Virupakshaiah died on 2.8.2019 during the pendency of the above appeal. The Respondent No.2 is the wife of T.H.M Virupakshaiah, Respondent No.3 to 5 are the sons of Sri. T.H.M. Virupakshaiah, the legal heirs of Respondent No. 1 is already on record and the Memo has been filed to that effect. 6. It is submitted that, on the advise of the elders, well wishers, friends and relatives, the legal heirs of Appellant No.3 and the Respondent No.2 to 5 have agreed to compromise the dispute in respect of the property in question. As per their advise, the legal heirs of Appellant No.3 and Respondent No.2 to 5 agreed to compromise and accordingly they have agreed to take equal share in the property bearing New Door No.457 and 458. - 6 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 7. It is submitted that, the property bearing New Door No.457 and 458 of Harapanahalli Town are situated adjacent to each other and with similar boundaries. The total measurement of these two properties is 84 x 200 Feet as per the registered sale deed. At present, in view of the expansion of byepass road and installation of electric transformer, at present, the available measurement is 73 x 200 feet. In this measurement, the legal heirs of Appellant No.3 and Respondent No. 5 have agreed to take equal share i.e., 73 x 100 Feet to the legal heirs of Appeallant No.3 and 73 x 100 feet to the Respondent No.2 to 5. The property fallen to the share of legal heirs of Appellant No.3 is morefully described in the schedule-A hereunder and the property fallen to the share of Respondent No.2 to 5 is morefully described in the schedule-B hereunder. The rough sketch prepared showing the property fallen to the share of LRs of Appellant No.3 and Respondent No.2 to 5 is enclosed to this compromise petition. 8. It is submitted that, the legal heirs of Appellant No.3 and Respondent No. 2 to 5 have freely entered this compromise petition and there is no threat, fear or coercion or undue influence by any person. The legal heirs of Appellant No.3 and Respondent No. 2 to 5 have entered this Compromise Petition with an intention to put an end to the long litigation and for continuation of their good relationship and lead life happily among them. The contents of this Compromise Petition is read over before the legal heirs of Appellant No.3 and Respondent No. 2 to 5 explained in Kannada Language and after knowing the - 7 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 contents of this compromise petition, the legal heirs of Appellant No.3 and Respondent No. 2 to 5 have put their respective signatures. WHEREFORE, the legal heirs of Appellant No.3 and Respondent No.2 to 5 respectfully pray that, this Hon'ble Court may kindly be pleased to pass the Judgment and Decree in the above Regular Second Appeal in terms of the compromise entered between them and dispose of the above appeal in terms of the compromise petition in the interest of justice and equity. SCHEDULE-A (Properties fallen to the share of legal heirs of Appellant No.3 i.e., Smt.Manjula Kalal, Megaraj Kalal, Smt. Yashaswini) 1. All that piece and parcel of site bearing No. 457 and 458, totally measuring 73 x 200 Feet, out of which total measurement, on northern side, measuring 73 x 100 Feet, situated at Harapanahalli Town, Vijayanagar District and bounded on: East by: Katugara Shivaji and Govindaraj House West by: Bypass Road North by: Harapanahalli - Hadagali Road South by: Remaining property fallen to the Share of Respondent No.2 to 5. SCHEDULE-B (Properties fallen to the share of Respondent No.2 to 5 i.e., Smt.Parvathamma, Sri.T.H.M Mahesh, Sri.T.H.M Shivakumar and Sri.T.H.M.Manjunath) - 8 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 1. All that piece and parcel of site bearing No. 457 and 458, totally measuring 73 x 200 Feet, out of which total measurement, on southern side, measuring 73 x 100 Feet, situated at Harapanahalli Town, Vijayanagar District and bounded on: East by: Katugara Shivaji and Govindaraj House West by: Bypass Road North by: Remaining property fallen to the Share of Legal Heirs of Appellant No.3 South by: Government Property” 5. In view of the aforesaid settlement entered into between the appellants and respondent Nos.2 to 5, I pass the following: ORDER (i) The appeal is hereby allowed and disposed of in terms of Compromise petition dated 05.03.2026. (ii) The judgment and decree dated 17.12.1999 passed in O.S.No.255/1996 by the Civil Judge (Jr.Dn.) & JMFC, Harapanahalli and the judgment and decree dated 06.04.2009 passed in R.A.No.1/2009 (Old No.28/2000) by the Civil Judge (Sr.Dn.), Harapanahalli, are hereby set aside. - 9 - HC-KAR NC: 2026:KHC:13793 RSA No. 975 of 2009 (iii) The suit in O.S.No.255/1996 is allowed and disposed of in terms of Compromise petition dated 05.03.2026. (iv) Registry to draw up decree in terms of the Compromise petition dated 05.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 87