- 1 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 627 OF 2013 (DEC/INJ) BETWEEN: 1. COLUVANDA A. BOOPANNA S/O LATE APPAIAH MAJOR RESIDENTS OF CHAMBEBELLUR VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT – 571 218 2. COLUVANDA A. PONNANNA S/O LATE APPAIAH MAJOR RESIDENTS OF CHAMBEBELLUR VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT – 571 218 3. LILLY APPAIAH W/O LATE APPAIAH MAJOR RESIDENTS OF CHAMBEBELLUR VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT – 571 218 4. COLUVANDA A CARIAPPA DECEASED BY LEGAL REPRESENTATIVES Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 4(A) SMT. C BHOJIE CARIAPPA W/O C C CARIAPPA AGED ABOUT 76 YEARS 4(B) SRI. C C THIMMAIAH S/O C C CARIAPPA AGED ABOUT 45 YEARS 4(A) AND 4(B) ARE R/O MOODAR ESTATE KADAGADAAL VILLAGE AND POST MADIKERE TALUK KODAGU DISTRICT – 571 218 5. COLUVANDA A CARIAPPA S/O AIYAPPA AGED 58 YEARS 6. COLUVANDA A SOMAIAH AGED ABOUT 52 YEARS SON OF AIYAPPA A(5) AND A(6) ARE RESIDENTS OF PODAKOTE (CHEMBEBELLUR) VILLAGE VIRAJEPT TALUK KODAGU DISTRICT – 571 218 …APPELLANTS (BY SRI. T I ABDULLA BY .,ADVOCATE) AND: SMT COLUVANDA M SUBBAMMA DECEASED BY LEGAL REPRESENTATIVES 1. SRI. COLUVANDA M SUBBAIAH AGED 55 YEARS 2. SRI. COLUVANDA M CHENGAPPA AGED 52 YEARS - 3 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 BOTH ARE S/O LATE C M SUBBAMMA R/AT PODUKOTE CHEMBEBELLORE VILLAGE SOUTH KODAGU – 571 218 3. SRI. COLUVANDA D GANAPATHY AGED ABOUT 75 YEARS S/O LATE C S DEVAIAH RESIDENTS OF PODAKOTE CHEMBEBELLUR VILLAGE VIRAJPET NAD AND TALUK KODAGU DISTRICT – 571 218 4. SRI. C D SUBBAIAH AGED ABOUT 71 YEARS S/O LATE C S DEVAIAH RESIDENTS OF PODAKOTE CHEMBEBELLUR VILLAGE VIRAJPET NAD AND TALUK KODAGU DISTRICT – 571 218 5. SRI. C D MANDAPPA AGED ABOUT 67 YEARS S/O LATE C S DEVAIAH RESIDENTS OF PODAKOTE CHEMBEBELLUR VILLAGE VIRAJPET NAD AND TALUK KODAGU DISTRICT – 571 218 6. SRI C D VEERAPPA AGED ABOUT 62 YEARS S/O LATE K S DEVAIAH RESIDENTS OF PODAKOTE CHEMBEBELLUR VILLAGE VIRAJPET NAD AND TALUK KODAGU DISTRICT – 571 218 …RESPONDENTS (BY SRI. N RAVINDRANATH KAMATH, ADVOCATE FOR R1 TO R6) - 4 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 15.11.2012 PASSED IN R.A.NO.57/2006 ON THE FILE OF SENIOR CIVIL JUDGE, VIRAJPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 31.8.2006 PASSED IN OS.NO.116/1997 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, VIRAJPET. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. This Court, vide order dated 09.04.2025, at the instance of the parties, referred the matter to the Mediation Centre at Virajpet, pursuant to which, the parties have appeared before the Mediation Centre at Virajpet and have amicably settled the matter. 2. Accordingly, the parties have filed a Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 3. The Memorandum of Settlement reads as follows: - 5 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF C.P.C R/W RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES-2005 The parties above named beg to state as follows: 1) That the parties in the present appeal and in the original suit are the members of Coluvanda family of Podakote Chembebellur village. 2) That the respondents have filed the suit claiming a relief of declaration and injunction by way of prescription before the Additional Civil Judge and J.M.F.C. at Virajpet in O.S.No.116/1997 and the same was decreed on 31-08-2006 and later challenged the same before the Senior division Civil judge at Virajpet under R.A. No-57/2006. The same was also dismissed and confirmed the judgement passed by the Hon'ble said Court on 15-11-2012. The said Judgement and decree is challenged before this Hon'ble Court under the - 6 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 present regular second appeal and the same is pending disposal. 3) That in the meantime the above said R.S.A. is referred to mediation by this Hon'ble Court on 09-04-2025 for resolving the dispute between the parties. That during the pendency of present appeal the appellant No.2, 3 and appellant No.4 (a) are died in the above case. The other appellants and respondents have participated in the mediation proceedings. That in the course of mediation the parties have resolved their dispute and also the advice of the well wishers of both sides the parties have agreed to the following terms and conditions as detailed below. 4) That the suit property in Sy.No.81/1, 81/2 and 81/3 are in Khata number one of Podakote Chembebellur village was Jointly surveyed with the approval of both the sides on 30-05-2025 and a detailed sketch was prepared wherein as per the settlement a separate right of way is created in order to reach survey number 81/2 and 81/3 property which is - 7 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 in the possession and enjoyment of respondent No-2 and 3 through survey number 82/1 and 78 from the public road of Podakote Chembebellur village and also as a compromise formula upon the request of the appellants the respondents have agreed to give up their claim as per the Court commissioner report and judgement and decree passed by the Hon'ble Senior division Civil Judge under R.A.57/2006 dated 15-11-2012 and Additional Civil Judge Junior division Virajpet in O.S.No-116/1997 Judgement and decree dated 31-08-2006 and all of them have jointly entered into this settlement. The Coloured sketch prepared showing the newly formed road 990 (nine hundred and ninety) feet in length 10 (ten) feet in width covering an area of 0.22.75 (twenty two point seventy five) cents in Sy.No.78 and 81/1 of Podakote Chembebellur village starting from Public Road and ends at Sy. No-81/2 and 81/3 properties which is enclosed herewith along with the report and shall form part of the decree and parties to the appeal i.e. the respondents - 8 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 declared to be the owners of the road as shown in the sketch. The respondent Nos.2 and 3 in the above case shall maintain the road with their own cost in the future days. Further the appellants Nos.1 to 6 shall not interfere with possession and enjoyment, any development work or repair work or to be done by the respondents or their claimants, or assigns at any time in future. 5) The sketch enclosed shall form part and parcel of the decree and also for the proper identification of the road. Wherefore it is prayed that the suit filed by the original plaintiffs, the respondents be decreed with above terms. 6) Both the parties declare that this compromise is arrived at their free will and volition and not by any kind of coercion, threat or any other kind of pressure or undue influence. 7) In view of the afore said agreement of settlement entered into between the parties the parties pray that this Hon'ble - 9 - HC-KAR CNR: KAHC010196912013 NC: 2026:KHC:36251 RSA No. 627 of 2013 Court be pleased to pass a decree in terms of the above said agreement. The Parties shall bear their respective Costs.” 4. The Memorandum of Settlement is taken on record. 5. The appeal is disposed of in terms of the Memorandum of Settlement. 6. Registry is directed to draw the decree in terms of the Memorandum of Settlement. 7. In view of the disposal of the appeal, pending interlocutory applications do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 2 Sl No.: 11