- 1 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL No. 515 OF 2019 (PAR) BETWEEN: 1. SRI SAMSON SANJEEVA J S/O LATE JAYANANDA K AGED ABOUT 58 YEARS R/A No.119, 4TH MAIN K. E. B LAYOUT BANNERUGHATTA ROAD BENGALURU - 560 029. …APPELLANT (BY SRI VINOD REDDY V, ADVOCATE) AND: 1. MRS. SHYLAJA PETER D/O LATE JAYANANDA K AGED ABOUT 51 YEARS W/O DANIEL K PETER R/A No.1, NAICKEN PALYAM POST COUMBATORE-641 020. 2. 2(a) MRS. SAVITHA SAMUEL DIED ON 01.04.2025 SAMUEL GEORGE AGED AOBUT 58 YEARS. S/O LATE GEORGE. 2(b) JOSAIASH GEORGE AGED ABOUT 21 YEARS S/O SAMUEL GEORGE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 BOTH RESPONDENT 2(a) AND 2(b) ARE R/AT No.119 4TH MAIN, K.E.B LAYOUT BANNERUGHATTA ROAD BENGALURU-560 029. …RESPONDENTS (BY SRI VIJAYARAGHAVAN M R, ADVOCATE FOR C/R2 IN CP 12/2019 SRI B L HARISH KUMAR SANGLIANA, ADVOCATE FOR R1 & LR ‘S OF DECD. R2 i.e., R2(a) AND R2(b) ) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.12.2018 PASSED IN OS No.3143/2016 ON THE FILE OF THE LIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. The appeal is filed by the plaintiff challenging the judgment and decree passed in O.S. No. 3143/2016 dated 07.12.2018 by the LIX Additional City Civil and Sessions Judge, Bengaluru (CCH-16). 2. Suit filed by the appellant – plaintiff is for partition and separate possession of suit schedule property has been dismissed by the impugned judgment and - 3 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 decree. The compromise petition is filed under Order XXIII Rule 3 of CPC and it is signed by the appellant, respondent Nos.1, 2(a) and (b). Appellant, respondent Nos.1, 2(a) and (b) are present before the Court and they submit that they voluntarily entered into the compromise petition and as per terms of compromise they intend to sell the suit schedule property and share the proceeds in the ratio of 1/3rd each. Respondent Nos. 2(a) and (b) are together entitled to 1/3rd share in the sale proceeds. 3. The terms of compromise are as under: UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE The appellant and the respondents herein jointly submit as under: 1. The Appellant/Plaintiff had instituted O.S.No.3143/2016 in the court of the LIX Additional City Civil & Sessions Judge, Bengaluru City (CCH- 60) seeking a decree for partition and separate possession of 1/3rd share In the suit schedule House property. The defendant-1 and 2 had filed their separate written statements opposing the claim of the appellant herein. The trial court has - 4 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 dismissed the suit filed by the appellant. Aggrieved by dismissal of suit the appellant herein has preferred the above appeal. 2. The suit property is a house property and same was acquired by our father through will executed by my mother. The above appeal is pending from 2019. Now, at the intervention of Church elders, Church Board Members, well-wishers, friends and relatives of the Appellants and the Respondents have mediated and amicably settled the dispute in respect of dispute involved in the above appeal by mutual agreement as per the terms and conditions hereinafter contained. Terms of settlement The property described in the schedule i.e., All that peace and parcel of house property bearing No.119, 4th Main, Κ.Ε.Β. Layout, Bannerughatta Road, Bengaluru-560 076 measuring East to West 40-½ Feet and North to south 30 feet consists of ground floor and first floor and residential building and Bounded on East BY: Road, West by: Property bearing Site No.80, North by : Property bearing Site No.120. (a). The appellant and respondents have settled the dispute involved in the above case and they jointly decided to sell the schedule property. - 5 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 (b). The appellant and respondents are further agreed to share the sale proceeds equally among them i.e., 1/3 share of the sale proceeds to appellant, 1/3 share of sale proceeds to respondent- 1 and 1/3 share of sale proceeds to legal representatives of deceased respondent-2 i.e., respondent-2(a) and respondent-2(b). 3. It is hereby declared that the above terms of settlement shall be final & conclusive and the same shall not be reopened under any circumstances. Therefore, the Appellant and the Respondents pray that this Hon'ble court be pleased to place the above terms of settlement on record and pass the decree as per the settlement and dispose the appeal accordingly, in the Interests of justice and equity. ADVOCATE FOR APPELLANT 1. APPELLANT 1. 2( a) 2(b) ADVOCATE FOR RESPONDENTS RESPONDENTS - 6 - HC-KAR NC: 2026:KHC:31236 RFA No. 515 of 2019 SCHEDULE All that peace and parcel of house property bearing No.119, 4th Main, Κ.Ε.Β. Layout, Bannerughatta Road, Bengaluru-560 076 measuring East to West 40-1/2 Feet and North to south 30 feet consists of ground floor and first floor and residential building and Bounded on: East BY : Road, West by : Property bearing Site No.80, North by: Property bearing Site No.120, South by: Property bearing Site No.118. 4. The terms of compromise are lawful. In view of settlement of the matter, the appeal is disposed of in terms of the compromise petition. 5. Draw the decree in terms of the compromise petition. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 3 Sl No.: 3