- 1 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1702 OF 2015 (DEC/INJ) BETWEEN: SMT. SUMANA V. BABU W/O K.V. VENKATESH BABU, AGED ABOUT 48 YEARS, NO.10, PAMPAMAHAKAVI ROAD, SHANKARAPURAM, BENGALURU - 560 004. REPRESENTED BY HER GPA AND HUSBAND SRI. K.V. VENKATESH BAB AGED ABOUT 52 YEARS. …APPELLANT (BY SRI. PRASHANTH H.S., ADVOCATE) AND: 1. SRI. A.V. MANJUNATH S/O LATE A.N. VISHWANATHAIAH, AGED 51 YEARS, NO.25, 6TH CROSS, 1ST MAIN ROAD, KRISHNA NAGAR, KOTHANUR VILLAGE, BENGALURU - 560 076. 2. SMT. A.V. GOWRI W/O SRI.CHENNAKESHAVA, AGED ABOUT 48 YEARS, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 NO.1150, 26TH MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 069. 3. SMT. SAMPALAKSHMI W/O LATE A.N.VISHWANATHAIAH, (SINCE DEAD REPRESENTED BY HER LEGAL REPRESENTATIVES i.e. RESPONDENTS NO.1 AND 2) …RESPONDENTS (BY SRI. S.G. MUNISWAMY GOWDA, ADVOCATE FOR R1; SRI. D.P. MAHESH, ADVOCATE FOR R2; VIDE ORDER DATED 25.10.2023, R1 AND R2 ARE LR'S OF DECEASED R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.11.2015 PASSED IN O.S.NO.3549/2005 ON THE FILE OF THE XLIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-44), DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 ORAL JUDGMENT This regular first appeal is filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 21.11.2015 passed in O.S.No.3549/2005 by the XLIII Additional City Civil and Sessions Judge, Bengaluru. (hereinafter referred to as the 'Trial Court' for short). 2. Sri. H. S. Prashanth, learned counsel appearing for the appellant, Sri. S. G. Muniswamy Gowda, learned counsel appearing for respondent No.1 and Sri. D. P. Mahesh, learned counsel appearing for respondent No.2 jointly submits that the dispute between the appellant and respondents has been resolved amicably at the intervention of the elders. The terms of the compromise has been written in the memorandum of compromise petition and they have filed the same. The submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 3. The memorandum of compromise petition is filed under Order XXIII Rule 3 of the CPC. The same is perused. It is noticed that the terms of compromise is in accordance with law and not opposed to public policy. Hence, the same is accepted. 4. The appellant, respondent No.1 and power of attorney holder of respondent No.2 are present and they are being identified by their respective counsels. The appellant and the respondents submit that they have instructed their counsels to prepare the memorandum of compromise petition and based on their instructions, memorandum of compromise petition is prepared and filed and they have read and understood the terms of the compromise petition and signed the same. Their submission is placed on record. The clauses of memorandum of compromise petition reads as under: "1. The Appellant and Respondents submit that the present appeal arises out of the judgment and decree dated 21/11/2015 passed in O.S. No.3549/2005 on the file of the XLIII Additional City Civil and Sessions Judge, Bengaluru, and the - 5 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 same is pending consideration before this Hon'ble Court. The dispute pertains to the schedule property bearing Site No.839, situated at 1st Block, 8th Phase, J.P. Nagar, Bengaluru, measuring East to West 12.20 meters and North to South 11.14 meters, totally measuring 135.90 square meters, together with all appurtenances and rights attached thereto. 2. During the pendency of the appeal, the parties have, with the intervention of well-wishers and mutual negotiations, amicably resolved all disputes between them relating to the subject matter of the suit and appeal. The parties, out of their own free will, without any coercion, undue influence, fraud or misrepresentation, have agreed to settle the matter in full and final settlement so as to avoid further litigation and to put an end to all disputes. 3. It is mutually agreed between the parties that the schedule property shall be sold to any prospective purchaser to be identified and finalized by mutual consent of all the parties. The parties agree to cooperate fully for execution of necessary agreement of sale and subsequent registration of sale deed in favour of such prospective purchaser, so as to complete the transaction in accordance with law. 4. It is further mutually agreed that the total sale proceeds derived from such transaction shall be shared equally among the appellant and Respondent Nos.1 and 2 in the proportion of one- third 1/3rd each, and each party shall be entitled to receive their respective share independently. 5. It is further agreed that all original documents pertaining to the schedule property including title deeds, sale deeds, revenue records, khata - 6 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 documents, encumbrance certificates, and other connected records have already been produced before the Trial Court in O.S.No.3549/2005. The appellant shall take necessary steps to retrieve the said original documents from the custody of the Trial Court and shall hand over the same to the purchaser at the time of execution of sale transaction, or as required for completion of registration formalities. The parties agree to extend full cooperation for retrieval and handover of such documents. 6. The parties further agree that, they shall jointly appear before all concerned authorities including Sub-Registrar's Office, revenue authorities, and any other statutory authorities as may be required for completion of registration and allied formalities. The parties undertake to extend full cooperation to ensure smooth completion of the transaction without any obstruction or delay. 7. It is mutually agreed that upon execution and completion of sale transaction and receipt of sale proceeds, neither the appellant nor the respondents shall have any claim whatsoever against each other in respect of the schedule property or the subject matter of the present appeal or suit. It is further agreed that all disputes between the parties shall stand fully and finally settled, and no party shall initiate or continue any civil, criminal or other proceedings relating to the subject matter after recording of this compromise by this Hon'ble Court. 8. The parties confirm that this compromise is lawful, voluntary, and not opposed to public policy or any provisions of law. The same is entered into in good faith to put an end to long-standing - 7 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 litigation and to secure peaceful settlement between the parties. WHEREFORE, the appellant and respondents jointly pray that this Hon'ble Court may be pleased to take the present compromise on record, record the lawful settlement arrived at between the parties and dispose of R.F.A.No.1702/2015 in terms of the compromise, in the interest of justice and equity." 5. In view of the aforesaid memorandum of compromise petition, the appeal is disposed of in terms of the compromise petition. The impugned judgment and decree dated 21.11.2015 passed in O.S.No.3549/2005 is modified in terms of the compromise petition filed. 6. Registry shall draw decree as per the compromise petition. The trial Court records shall be transmitted back to the trial Court. 7. Learned counsel appearing for the parties submit that they would move a necessary application to seek return of the original records placed before the trial Court. If such applications are filed, the trial Court shall - 8 - HC-KAR NC: 2026:KHC:28044 RFA No. 1702 of 2015 immediately take steps to return the same to the respective parties. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 22