- 1 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR SECOND APPEAL NO. 582 OF 2009 (DEC/INJ) BETWEEN: SRIKANTE GOWDA S/O LATE BHOGE GOWDA @ CHIKKAMOGA AGED ABOUT 65 YEARS. R/O HALAGUR VILLAGE MALAVALLI TALUK SINCE DECEASED BY LRS. 1. SMT. NAGAMMA WIFE OF LATE SRIKANTE GOWDA AGED ABOUT 61 YEARS R/AT HALGUR VILLAGE MALAVALLI TALUK MANDYA DISTRICT. 2. SHRI. KRISHNA S/O LATE SRIKANTE GOWDA AGED ABOUT 40 YEARS R/AT HALGUR VILLAGE MALAVALLI TALUK MANDYA DISTRICT. 3. SHRI. SHIVARAM S/O LATE SRIKANTE GOWDA AGED ABOUT 35 YEARS R/AT HALGUR VILLAGE MALAVALLI TALUK MANDYA DISTRICT. …APPELLANTS (BY SRI. G.S.BHAT, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 AND: D M MARIGOWDA S/O LATE PATEL MARIGOWDA SINCE DECEASED BY LRS. 1(A) SHRI MAREGOWDA S/O LATE SHRI MARIGOWDA AGED ABOUT 62 YEARS RESIDING AT DUNTOOR VILLAGE SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. (B) SMT. SUKANYA D/O LATE SHRI MARIGOWDA AGED ABOUT 50 YEARS RESIDING AT DUNTOOR VILLAGE SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. (C) SMT. GAYAHTRI D/O LATE SHRI MARIGOWDA W/O SHRI H.K.LINGAPPA AGED ABOUT 60 YEARS RESIDING AT HONAGANAHALLI VILLAGE SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. (D) SMT. KANYAKUMARI D/O LATE SHRI MARIGOWDA W/O SHRI PUTTASWAMY AGED ABOUT 55 YEARS RESIDING AT KANAKAPURA VILLAGE KANAKAPURA TALUK RAMANAGARA DISTRICT. (E) SMT. CHANDRAMMA D/O LATE SHRI MARIGOWDA - 3 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 W/O SHRI. NAGARAJA AGED ABOUT 52 YEARS RESIDING AT HAGADOOR VILLAGE HALAGOOR HOBLI MALAVALLI TALUK MANDYA DISTRICT. (F) SMT. RATHNAMMA D/O LATE SHRI MARIGOWDA W/O SHRI KANTHARAJU AGED ABOUT 49 YEARS R/AT MAHADESHWARANAGARA (NEAR REDDY TILES FACTORY) KANAKAPURA RAMANAGARA DISTRICT. (G) SHRI NIRANJAN D.M S/O LATE SHRI MARIGOWDA AGED ABOUT 44 YEARS RESIDING AT DUNTOOR VILLAGE SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR R-1 (C TO G); R-1(A), R-1(B) SERVED, BUT UNREPRESENTED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 12.03.2009 PASSED IN R.A.NO.101/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & JMFC, MALAVALLI, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 30.08.2006 PASSED IN O.S.NO.187/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN.), MALAVALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal is directed against the impugned judgment and decree dated 12.03.2009 passed in R.A.No.101/2006 by the Civil Judge (Sr.Dn.) & JMFC, Malavalli, whereby the said appeal filed by the appellant – defendant against the respondent – plaintiff was rejected by the Trial Court thereby confirming the judgment and decree passed in O.S.No.187/2000 dated 30.08.2006 by the Civil Judge (Jr.Dn.), Malavalli. 2. Mediation report received from the Karnataka Mediation Centre, High Court of Karnataka, Bengaluru, along with the Memorandum of Settlement dated 27.03.2026 entered into between the appellants and the respondents are taken on record. 3. Appellant Nos.1(a) and 1(c) have executed a General Power of Attorney in favour of appellant No.1(b) and respondent Nos.1(a) to (f) have executed a General Power of Attorney in favour of respondent No.1(g) and the same are also taken on record. 4. The said Memorandum of Settlement is duly signed by appellant No.1(b), who is also the GPA holder of appellant Nos.1(a) - 5 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 and 1(c) and by respondent No.1(g), who is also the GPA holder of respondent Nos.1(a) to (f) and learned counsel for the appellants and learned counsel for the respondents. 5. Appellant No.1(b) (GPA holder of appellant Nos.1(a) and (c)) and his counsel and respondent No.1(b) and his counsel are physically present before the Court and they admit the contents of the Memorandum of Settlement dated 27.03.2026. Parties are identified by their respective counsel. The Memorandum of Settlement reads as under:- “ MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. Original Appellant No.01 who is now represented by his Lrs was the defendant before trial Court in O.S.No.187/2000. The respondent no.01 who is now reported dead and represented by his Lrs was the original Plaintiff. II. Suit filed by the plaintiff/respondents was for the reliefs of Declaration, Possession and for Mandatory Injunction in respect of the suit schedule property. III. The said suit was decreed on 30.08.2006 in full and the lower appellate court confirmed it in - 6 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 R.A.No.101/2006 dated 12.03.2009. Aggrieved by the judgment aforesaid, present RSA is filed. IV. In this mediation proceeding, the parties of both sides appeared with their advocates and availed the help of respective GPAs. They, upon due mediation have arrived at the following points of compromise; 1. The Respondents agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) each to appellants No.01 to 03 totally amounting to Rs.30,00,000/- (Rupees Thirty Lakhs Only). Respondents arranged the said sum with the help of Smt. Chandramma D.M. D/o.Late Mari Gowda, who is none other than Respondent No.01(e). Said sum of money will be paid to said Appellants from the Respondents in the Court at the time of reporting present settlement by way of 03 Demand Drafts, viz., a) DD No.072117 drawn on Karnataka Bank Limited, Halagur branch dated 26.03.2026, in the name of Sri. Krishnegowda @ Krishna S/o Late Srikante Gowda the appellant No.02. b) DD No.072118 drawn on Karnataka Bank Limited, Halagur branch dated 26.03.2026, in the name of Smt. Nagamma W/o Late Srikante Gowda the appellant No.01. c) DD No.072119 drawn on Karnataka Bank Limited, Halagur branch dated 26.03.2026, in the name of Sri. Shivaramu S/o Late Srikante Gowda the appellant No.03. Said appellants agreed to receive the respective demand drafts in the Court at the time of reporting this settlement. - 7 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 2. Appellants’ No.01 to 03 aforementioned agreed to hand over possession of the suit schedule property in favour of the present Respondents on or before 01.06.2026. All Respondents agreed for the same. In default, the Respondents are at liberty to work out their remedy as per law. 3. Both the parties state that they have no claims of whatsoever nature against each other in future. 4. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. SCHEDULE PROPERTY All the part and Parcel of the premises measuring East to west 15 Molas (22.05 feet), North to South 90 Molas (180 feet) (04 guntas), in Kaneshmari No.811/690 (Survey No.161/2) situated at Halaguru Vilalge and Hobli, Malavalli Taluk, Mandya District, which are bounded as follows: EAST: by touring cinema Talkies (now a vacant land) WEST: Property of Rajanna and Srikante Gowda NORTH: Bengaluru-Mysuru main road. SOUTH: Property of Jade Madappa and Shanta Lingappa (Now road) V. In view of the aforesaid agreement, both the parties and their respective GPA’s prays that this Hon’ble Court may be pleased to pass appropriate Judgment and Decree in terms of the aforesaid agreement. - 8 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 VI. Parties will appear before the Hon’ble Court whenever this matter may get listed to seek the Judgment and decree in terms of this agreement.” 6. In view of the aforesaid settlement entered into between the appellants and respondents, I pass the following: ORDER (i) The appeal is hereby allowed and disposed of in terms of Memorandum of Settlement dated 27.03.2026. (ii) The judgment and decree dated 30.08.2006 passed in O.S.No.187/2000 by the Civil Judge (Jr.Dn.), Malavalli and the judgment and decree dated 12.03.2009 passed in R.A.No.101/2006 by the Civil Judge (Sr.Dn.) & JMFC, Malavalli, are hereby set aside. (iii) The suit of the respondent – plaintiff is disposed of in terms of the aforesaid Memorandum of Settlement dated 27.03.2026 by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the aforesaid Memorandum of Settlement. Registry is directed to draw up decree accordingly. - 9 - HC-KAR NC: 2026:KHC:18211 RSA No. 582 of 2009 (iv) Registry of this Court is directed to refund the entire (100%) Court fee paid by the appellant – defendant on the Memorandum of Appeal back to the respondent – plaintiff, forthwith, without any delay. (v) Registry of the First Appellate Court is directed to refund the entire (100%) Court fee paid by the appellant – defendant on the Memorandum of Appeal back to the respondent – plaintiff, forthwith, without any delay. (vi) Registry of the Trial Court is directed to refund the entire (100%) Court fee paid by the respondent – plaintiff on the plaint back to the respondent – plaintiff immediately upon receipt of a copy of this order. Re-list on 05.06.2026 at 02.30 P.M. for compliance of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 3