- 1 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1725 OF 2013 (PAR) BETWEEN: 1. SRI.N.SRINIVASALU SINCE DEAD BY LR’S 1(a) SMT.SANDHYA SRINIVASALU, W/O LATE N.SRINIVASALU, AGED ABOUT 77 YEARS, R/AT NO.13, 3RD CROSS, VENKATADRI LAYOUT, DORESANI PALYA, BENGALURU-560 076. 1(b) SMT.JOUAULT KAVITHA, W/O PHILIPPE JOUAULT, AGED ABOUT 56 YEARS, R/AT NO.27, RUE DE LA, FAUVETTE 35230, BOURGBAREE F FRANCE. 1(c) SRI.NANJUNDA SREENIVASLU DEEPAK, S/O LATE N.SRINIVASALU, AGED ABOUT 53 YEARS, R/AT NO.13, 3RD CROSS, VENKATADRI LAYOUT, DORESANIPALYA, BENGALURU-560 076. 2. SMT.PRAMILA, W/O. LATE SRI N. GOVINDARAJ, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 SINCE DEAD BY LR’S ALREADY ON RECORD APPELLANT NO.1, 3 AND RESPONDENT NO.2 3. SRI N.VENUGOPAL, S/O S.M.NANJUNDA NAIDU, AGED ABOUT 72 YEARS, R/AT NO.352, 6TH CROSS, C.T.BED BANGALORE-560 070. 4. SMT.PADMINI, D/O LATE KOUSALYA AND SURESH KUMAR, AGED ABOUT 36 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004. …APPELLANTS [BY SRI.SKANDA K. RAO, ADVOCATE FOR SRI.T.N.VISWANATHA, ADVOCATE FOR APPELLANT NOS.1(A TO C), 3 AND 4; VIDE ORDER DATED 04.06.2024, SINCE APPELLANT No.2 IS DEAD, APPELLANTS - 1, 3 AND RESPONDENT No.2 ARE THE LRs. OF DECEASED APPELLANT NO.2.] AND: 1. SMT.N.JAYALAKSHMI, D/O LATE DR.S.M.NANJUNDA NAIDU, SINCE DEAD BY LRs. ALREADY ON RECORD APPELLANT NO.1, 2 AND RESPONDENT NO.2 2. SRI.N.PRAKASH, S/O LATE DR.S.M.NANJUNDA NAIDU, AGED ABOUT 65 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004. 3. SRI R.JAYANTH, S/O LATE N.RAMASWAMY NAIDU, SINCE DEAD BY LRS - 3 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 3(a) SMT.VASANTHI JAYANTH, W/O LATE R.JAYANTH, AGED ABOUT 60 YEARS, 3(b) SRI AVINASH JAYANTH, S/O LATE R.JAYANTH KUMAR, AGED ABOUT 32 YEARS, 3(c) SRI AKHILESH JAYANTH, S/O LATE R.JAYANTH KUMAR, AGED ABOUT 27 YEARS, RESPONDENTS NO.3(a) to 3(c) ARE RESIDING AT NO.2053 EAST, B.MAIN ROAD, 38TH CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU-560 069. 4. SRI N.GOWTHAM RAGHUNATH, S/O LATE R.NAGENDRA NAIDU, AGED ABOUT 33 YEARS, R/AT NO.45, 4TH CROSS, 10TH MAIN, GURURAJA LAYOUT, BSK III STAGE, BANGALORE-560 085. 5. SMT.RAMYA SHWETHA, D/O LATE R.NAGENDRA NAIDU, AGED ABOUT 35 YEARS, R/A NO.45, 4TH CROSS, 10TH MAIN, GURURAJA LAYOUT, BSK III STAGE, BANGALORE-560 085. 6. SMT.SHANTHI, D/O LATE N. RAMASWAMY NAIDU, AGED ABOUT 60 YEARS, RESIDING AT 1ST FLOOR, PROPERTY BEARING NO.2053, EASTERN MAIN ROAD, 38TH CROSS, 9TH BLOCK, JAYANAGARA, BENGALURU-560 069. 7. SRI.PREMANAND, S/O LATE N.VENKATESH, - 4 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 AGED ABOUT 40 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004. 8. SMT.V.MALA, D/O LATE N.VENKATESH, AGED ABOUT 38 YEARS, R/AT NO.29/B, MOSQUE LANE, BEYOND KOTHWAL CHAVADI STREET CHENNAI-600 015. 9. SMT.THULASI VENKATESH, W/O LATE N.VENKATESH, AGED ABOUT 65 YEARS, R/AT NO.7, VENKATAPPA STREET, CHIKKAMAVALLI, BANGALORE-560 004. …RESPONDENTS (V/O DTD.01.02.2019, R1 IS DEAD, APPELLANTS AND RESPONDENTS ARE LR’S OF DECEASED R1; SRI.K.SURYAPRAKASH RAO, ADVOCATE FOR R2; SRI.SIDDARTHA D.K., ADVOCATE FOR R3(A TO C); SRI.NIKHIL.D.KAMATH., ADVOCATE FOR R4 AND R5; SRI.H.R.NARAYANA RAO., ADVOCATE; FOR SRI.RAJESHWARA P.N., ADVCOATE FOR R6; R7, R8, R9 ARE SERVED UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.09.2013 PASSED IN O.S.NO.3190/2009 ON THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION AND APPELLANT HEREIN PRAYING TO SET ASIDE THE ABOVE MENTIONED JUDGMENT AND DECREE IN O.S.NO.3190/2009 TO THE EXTENT OF DEPRIVING THE APPELLANT, A SHARE IN THE PORTIONS OF THE SCHEDULE PROPERTY CONVEYED UNDER EXHIBITS-P1, P3 AND D1 AND ALLOTTING 1/9TH SHARE TO ALL PARTIES, AND DECREE O.S.NO.3190/2009 IN THE ENTIRELY AS SOUGHT FOR. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Pursuant to order dated 11.03.2026, the report submitted by the Registrar (Judicial) has been perused. 2. Today, Sri Avinash Jayanth and Sri Premananda i.e., respondent No.3(b) and respondent No.7 respectively have submitted their original Aadhar Cards, which have been verified with that submitted along with the compromise petition. These two parties have tendered their signatures in the order sheet, which has been counter-signed by their respective Advocates 3. As far as the appellant No.1(b)-Smt. Jouault Kavitha, W/o. Philippe Jouault is concerned, as recorded in the Order dated 11.03.2026, she is a citizen of France and due to the ongoing war in the Middle East countries, she is unable to be physically present before this Court and to sign the Memorandum of Compromise Petition. She has - 6 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 consented vide e-mail dated *09.03.2026 and has requested her advocate to sign on her behalf in the compromise *petition. Her advocate Sri. Skanda R.K.Rao is present in Court and has signed on behalf of respondent No.1(b) in the order sheet and has attested each page of the photocopy of the passport as well as the *email dated 09.03.2026 as being true copies. 4. We have perused the compromise petition. All the parties have signed the compromise petition. Sri. Skanda R.K. Rao has signed on behalf of the respondent No.1 (b). 5. We find that the terms of the compromise are lawful and all the parties present and represented state that they have entered into the settlement on the basis of their own free will and accept the same without any undue influence or coercion on them. 6. In view of the aforesaid, we accept the compromise petition. * Corrected vide court order dated 22.04.2026 - 7 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 7. The aforesaid appeal was filed seeking to set aside the judgment and decree dated 25.09.2013/26.09.2013 made by 43rd Additional City Civil and Sessions Judge, (CCH-44) in O.S. No.3190/2009 in which the preliminary decree was made as follows:- ”xxx xxx xxx xxx This suit coming on this day for final disposal before Sri. K.H. Mallappa, XLIII Additional City Civil Judge, Bengalore City, in the presence of Sri. K.P. Ashok Kumar, Advocate for the plaintiff/s and of Sri.MKJ, Advocate for D-1, 4, 5, 7, 9, 11. Sri.SFG for D3, Sri.KASB for D-8 & 10. It is ordered and decreed that the suit of the plaintiff is decreed in part. It is further ordered and decreed that the plaintiff, defendants – 1, 2A, 2B, 3 to 5, 7, 9 and 11 are entitled for 1/8th share in the suit schedule property except the property given to defendants- 8 and 10 as per Ex.D1, Ex.P3 and Ex.P4. It is further ordered and decreed that parties shall bear their own costs. Given under my hand and the seal of the Court, this the 25th day of September 2013. Sd/- (Dt:.26.9.13) (K.H. MALLAPPA) XLIII Addl.City Civil & Sessions Judge, CCH-44, BANGALORE. - 8 - HC-KAR NC: 2026:KHC:14924-DB RFA No. 1725 of 2013 8. In view of the aforesaid settlement, the aforesaid decree dated 25/26.09.2013 is set aside. The OS No.3190/2009 is decreed in terms of the compromise. 9. The compromise shall form part of the decree. Accordingly, the appeal stands disposed of. The trial Court is required to proceed in accordance with law for making the final decree. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KGR List No.: 2 Sl No.: 6